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

Can I still claim my mortgage expenses? The Supreme Court clarifies the limitation period in 2026

Many homeowners in Cambrils and throughout Tarragona have been asking themselves the same question for years: "Am I too late to claim back the money from my mortgage?" After years of legal toing and froing, the beginning of 2026 brings excellent news for consumers.

The Supreme Court, in its recent rulings from January 2026 (including Judgment 48/2026), has fortified the rights of mortgage holders to recover the costs incurred in setting up their loans.

The key: The claim has not expired

Banks argued that the period for claiming had already elapsed (limitation period). However, the High Court has followed the path set by European justice, ruling that the limitation period cannot begin until the consumer is aware that their clause is unfair.

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

Which expenses can be recovered?

Thanks to established case law, if your mortgage contract includes a clause obliging you to pay all expenses, you can request the return of:

• 50% of Notary fees.

• 100% of Land Registry fees.

• 100% of Agency fees.

• 100% of Valuation fees.

In addition, these amounts must include statutory interest from the date the payments were made, which can significantly increase the final amount to be received.

What should you do if you have a mortgage from before 2019?

If you signed your mortgage before the 2019 Real Estate Credit Contracts Law, it is very likely that you are entitled to this refund. The first step is to conduct a study of the deed to confirm the existence of the unfair clause.

At Bufet Trujillo, as expert lawyers in Cambrils, we analyse your case without obligation. Do not let the bank keep money that rightfully belongs to you under the law.