Can I still claim the expenses of my mortgage? The Supreme Court clarifies the statute of limitations in 2026

Many property owners in Cambrils and throughout Tarragona have asked themselves the same question for years: "Have I missed the deadline to claim back the money from my mortgage?". After years of judicial back-and-forth, the start of 2026 brings excellent news for consumers.

The Supreme Court, in its recent judgments of January 2026 (including Judgment 48/2026), has secured mortgage borrowers’ right to recover the costs of setting up their loans.

The key: the claim has not become time-barred

The argument used by the banks was that the time limit for bringing a claim had already expired (limitation). However, the High Court has continued along the line marked by European case-law, ruling that the limitation period cannot begin to run until the consumer becomes aware that the clause is unfair.

This means that, even if you signed your mortgage 15 or 20 years ago, if you have not claimed before, it is very likely that you are still in time to recover your money.

What costs can be recovered?

Thanks to settled case-law, if your mortgage contract includes a clause that obliged you to pay all the costs, you may request reimbursement of:

• 50% of the Notary fees.

• 100% of the Land Registry fees.

• 100% of the administration fees.

• 100% of the valuation fees.

In addition, statutory interest must be added to these amounts from the date the payments were made, which may considerably increase the final amount recoverable.

What should you do if you have a mortgage taken out before 2019?

If you signed your mortgage before the 2019 Law on Real Estate Credit Agreements, you are very likely entitled to this reimbursement. The first step is to carry out a review of the deed in order to confirm the არსებence of the unfair clause.

At Bufet Trujillo, as expert lawyers in Cambrils, we assess your case without obligation. Do not allow the bank to keep money that belongs to you by law.