In addition to claiming mortgage expenses, many consumers are unaware that they may also be entitled to challenge their mortgage if it is linked to IRPH (Mortgage Loan Reference Index), as this index has been considered abusive in many cases due to lack of transparency.
This type of claim is increasingly common in Spain and can lead to the recovery of significant amounts of money, especially in long-term mortgages.
What Is IRPH and Why Can It Be Considered Abusive?
IRPH is an official interest rate index that some banks used as an alternative to the Euribor to calculate mortgage interest rates. For years, it was marketed as a more stable and safer index. However, in practice, IRPH has consistently been more expensive, resulting in much higher monthly mortgage payments compared to Euribor-based mortgages.
The issue is not the index itself, but how it was sold to consumers.
The Court of Justice of the European Union (CJEU) has made it clear that IRPH may be considered abusive when the bank:
- Failed to clearly explain how the IRPH index was calculated
- Did not provide information on its historical performance
- Did not compare IRPH with the Euribor
- Prevented the consumer from understanding the real financial impact of IRPH on their mortgage
In these situations, there is a lack of transparency, which allows borrowers to request the annulment of the IRPH clause in court.
What Can You Claim If Your Mortgage Includes IRPH?
If a court declares the IRPH clause abusive due to lack of transparency, the consequences can be highly beneficial for the borrower:
- Removal of IRPH from the mortgage contract
- Replacement of IRPH with Euribor (with or without a spread, depending on the case)
- Refund of all amounts overpaid, retroactively from the signing of the mortgage or from the moment IRPH was applied
- Legal interest on all unlawfully charged amounts
In many cases, this refund can amount to tens of thousands of euros, particularly in long-term or high-value mortgages.
Is There a Time Limit to Claim IRPH?
No.
As with claims for abusive mortgage expenses, the action to declare IRPH abusive does not expire.
This means that IRPH can be challenged even if:
- The mortgage was signed many years ago
- The mortgage has already been fully repaid
- The loan has been cancelled
The key issue is not the date of the mortgage, but whether the bank properly explained the index, which in practice did not happen in most cases.
Can You Claim Mortgage Expenses and IRPH at the Same Time?
Yes. These claims are fully compatible and very common:
- On the one hand, you can claim the annulment of the mortgage expenses clause and recover notary, land registry, management and valuation fees.
- On the other hand, you can request the annulment of the IRPH clause due to lack of transparency and recover overpaid interest.
Both claims can be handled within the same legal proceedings or separately, depending on the most appropriate legal strategy for the client.
Legal Costs in IRPH Claims
If the court rules in favour of the consumer, the bank is usually ordered to pay the legal costs, just as in mortgage expenses claims.
This includes lawyer and court representative fees, significantly reducing the financial risk for the borrower.
Conclusion: Review Your Mortgage – You May Have More Than One Claim
If your mortgage was signed before 2019 and is linked to IRPH, you may not only be entitled to claim mortgage expenses, but also to challenge the IRPH index as abusive.
Many consumers are recovering substantial sums of money without even knowing they had this right.
If you signed a mortgage with IRPH or paid mortgage expenses, it is essential to have your mortgage deed reviewed by a law firm specialised in banking and real estate law. A prior legal analysis will determine which clauses can be challenged and which legal strategy is most beneficial, without unnecessary risks.
Want to Know If You Can Claim and How Much You Could Recover?
Our law firm specialises in banking and real estate law, with extensive experience in mortgage expenses claims and abusive clauses such as IRPH throughout Spain.
We carefully analyse your mortgage deed to determine:
- Which mortgage expenses you can recover
- Whether your IRPH mortgage can be challenged due to lack of transparency
- The most effective legal strategy, whether out-of-court or judicial
- The real chances of success and the potential financial impact of the claim
👉 Contact our law firm and request a legal review of your mortgage.
We will clearly explain whether your case is viable, the applicable timeframes and the legal costs involved, always seeking the option that best protects your interests.
Do not give up money that legally belongs to you.
The sooner you review your mortgage, the sooner you can claim.
