The Mortgage Act imposes a lot of information obligations on lenders, as well as regarding the shaping of marketing messages. The consumer should carefully monitor the news from banks, because each failure requires supplementing or changing the conditions in favor of the borrower. The Office of Competition and Consumer Protection is responsible for analyzing contracts as well as for preparing a regular list of prohibited clauses. Thanks to this, before you sign the commitment, you can check whether you are dealing with an honest entity. This is one of the most important rules.
Examples of improper practices when granting a mortgage
The biggest irregularities in mortgage loan agreements obviously relate to the formation of liability costs. If the bank does not provide all the data necessary to compare the mortgage, the borrower has a chance of legally winning and canceling adverse conditions. One of the most interesting examples is the bank indicating only the minimum and not the maximum commission for granting a mortgage. Lack of information on the maximum commission rate gives the bank a tool to enormously inflate costs, practically without the borrower’s awareness. The update of the mortgage bill excluded most of the problems with the clauses that were not allowed in banks. Most lawsuits are against mortgages granted in foreign currencies. The banks incorrectly calculated the ratios or even prevented restructuring. This problem was solved by an update of the law, which prohibits the granting of mortgage loans in foreign currency if the borrower does not generate income in them.
Insurance companies often conflict with clients
In mortgage loans, the contract is most often insured. Unfortunately, many cases are pending against the largest insurance companies regarding the use of prohibited clauses. You need to be especially careful about problems with payment of benefits. If they occur, it is worth referring to specialized law firms that fight insurers in a commission system, without the need to incur costs at the beginning of cooperation.
What to do if you find a prohibited clause in the loan agreement?
The first step is to negotiate with the bank. If you refuse, you can contact your local consumer ombudsman or lawyer. If the prohibited clause is already on the UOKiK list you do not bear any responsibility and the contract is de facto invalid. This is clearly confirmed by the Civil Code.