In light of the trend toward switching to fixed-rate mortgages, the Association of Financial Consumers (ASUFIN) has issued a warning. This is because it detected malpractices within the banking sector.
The agency reported suspected violations of binding offers by banks. The banks are reportedly employing certain strategies to circumvent the Mortgage Subrogation Act.
En resumen, ASUFIN acusa que no se están respetando los plazos fijados por las ofertas vinculantes en dichos procesos. De esta manera, los bancos estarían subiendo el interés a los clientes.
Este mal proceder genera mayor inquietud a la provocada por la subida del Euribor entre los afectados. Situación que deriva en indefensión e inseguridad entre los hipotecados.
The president of ASUFIN has spoken out strongly on the issue
Patricia Suárez, president of ASUFIN, has said that these cases of irregular changes to fixed-rate mortgages are a recurring problem. In fact, complaints regarding this issue have been on the rise.
“There has been an increase in complaints from people who have received an offer from the company that is valid for 30 to 60 days, only to have it unexpectedly withdrawn before the expiration date.”
ASUFIN notes that one of the reasons is that banks take on more customers than they can handle. As a result, once they reach their limit, they offer less favorable terms to future customers.
Customers are initially offered a fixed rate of 1.95%, but this is then changed to 2.55% before the term expires. This change is made before the minimum term has elapsed.
Notable substitutions and obstructions
The ASUFIN alert also highlights the detection of “hidden” subrogations and the “obstruction” of novations. Specifically, it reports that:
Banks are avoiding subrogation—which is most beneficial to consumers due to cost savings—in order to secure new business from the market
Creation of obstacles during account transfers (changes made by the customer’s own financial institution) involving institutions that do not offer favorable terms and complicate the process
In light of such unethical practices, the association is proposing an amendment to the legislation on subrogation and novation. The proposal focuses on establishing a time limit that would make it more difficult to submit a counteroffer.
In conclusion, ASUFIN believes that the current time limit benefits banks and hinders the functioning of the mortgage market.
ASUFIN's proposal to the European Banking Authority (EBA)
La propuesta para “aliviar financieramente al sector” que ha realizado ASUFIN ante la EBA es puntual. Esta se centra en:
Interest rate hike for households.
Assistance with switching from a variable-rate to a fixed-rate mortgage or obtaining payment deferrals at no cost.
De esta manera, la asociación indica que los bancos deben facilitar la renegociación hipotecaria. Además, cree conveniente la elaboración de una guía de buenas prácticas estricta para ello.
ASUFIN has urged that switching to fixed-rate mortgages not involve procedures that make the loans more expensive. This refers to products with an Annual Percentage Rate (APR).
This proposal is based on collaboration between the business sector and the banking industry. It focuses on debt relief and exploring debt moratoriums.
ASUFIN's Influence in the Mortgage Industry
The fact that ASUFIN has spoken out on the issue of fixed-rate mortgages is significant enough. After all, it is a highly respected organization that advocates for consumers of financial products.
Its management has recently been recognized by the Bank of Spain and the National Securities Market Commission (CNMV), particularly for its commitment to protecting financial consumers.
