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Hipoteca IRPH nulidad sentencia

IRPH mortgage nullity ruling

📌 IRPH Mortgage Nullity Ruling: Could It Benefit Me?

In recent days, the Court of Justice of the European Union (CJEU) has once again ruled on mortgages with IRPH.
This decision opens the door for many clients in Spain to claim back overpayments if their bank did not act with transparency, IRPH Mortgage Nullity Ruling.

IRPH Mortgage Nullity Ruling


🔎 What is IRPH?

The IRPH (Mortgage Loan Reference Index) was used as an alternative to Euribor in thousands of mortgage contracts.
The problem is that, in many cases, clients were not clearly informed about how it worked or its risks compared to Euribor, which usually turned out cheaper.


⚖️ The New European Ruling

The CJEU does not ban IRPH but reminds that Spanish judges must review transparency in each mortgage.
This means that:

  • The bank had to provide payment simulations.

  • The deed had to clearly explain how IRPH is calculated.

  • The client had to understand the differences compared to Euribor.

👉 If these conditions were not met, the clause can be declared null.


💰 What Happens If My IRPH Clause Is Null?

  • The clause is removed from the contract.

  • The mortgage is recalculated with another index (normally Euribor + spread).

  • The bank refunds the client all overpaid amounts, with interest.

This can mean a significant refund for those who have been paying with IRPH for years.


✅ Could This Ruling Benefit Me?

It may concern you if:

  • You have a mortgage tied to IRPH.

  • You did not receive clear explanations or simulations.

  • You were unaware of the risks compared to Euribor.

In such cases, there is legal ground to claim.


📝 Other Abuses That Can Be Claimed

In addition to IRPH, Spanish courts have annulled clauses such as:

  • Mortgage setup expenses.

  • Excessive default interest.

  • Rounding up.

  • Unfair calculation formulas.


🤝 At La Casa Das Haus We Advise You

If you have a mortgage with IRPH and want to know if you can benefit from this new ruling, get in touch with our team.
We will analyze your case and guide you through the steps to claim what is rightfully yours.

👉 Free consultation on your IRPH mortgage HERE