Home Repossessions in Spain: A Legal Perspective

Mrs L · 11-28-2012, 08:17 PM

Hello, i'm after some advice! 2 years ago i took out a Mortgage for 250k to purchase our first home on the costa del sol. We have recently been struggling to meet the repayments, we went to speak to the bank to see if we could go on interest only, they refused. We asked for any advice/help that they could give us, they didn't offer anything. We are now in arrears. Again, we spoke to the bank, asking for interest only until we got back on our feet, or any help that they could give us. They won't help in any way. I am now in a better position financially and i can now only just make the monthly repayments, but i can't find the money to resolve the outstanding arrears. When i took out the mortgage they put extra on it to cover an insurance, im not exactly sure what this insurance covers, but the repayment is in with the mortgage repayment. My husband also has a personal pension with that bank which holds funds in that, could the insurance and pension be used to pay off the arrears? I've had no letters or phone calls about repossession or any action. I've not even had letters to say i've gone into arrears. If i was to commence with making the monthly repayments, could i still lose my home due to the arrears? Also i have 2 young children, would they evict us and leave us homeless?

**Stung-by-communityfees** · 12-10-2012, 11:40 PM

I handed my property back to the bank and they have subsequently sold it, I am now being chased for the community fees even though I went bankrupt and included the properties in my uk bankruptcy, community fees have now got a judgement against me and bailiffs have been paid, I understand the bank are responsible for discharging the fees prior to sale? These seem like fly by knights and have made my life a nightmare surely my debts went in the bankruptcy

theresa · 12-18-2012, 04:55 PM

My situation is this, i brought a hosue in spain 2005, we are behind in the morgage and have now found a buyer which is under the morgage value paper work has already gone in for a dacion de pago.. The banks have agreed to the sale in principle and to wipe the remainder of the debt clean. I have told the agent that the buyers have to pay all notari fees etc.I still owe aprox 700 for the ibi which i cannot pay as i dont have the money However I have just been informed by some one that I will have to pay Hacienda. Will i have to pay this as i am making a large loss and no profit what so ever. Are there any other fees that i should be aware of that i have not been told about and is there anything i can do about the ibi as i know this can stop the sale.
desperate for the right advise.
regards

**Patricia** · 12-19-2012, 03:49 PM

Hello Stung-By-CommunityFees,

I understand the debt you are being claimed corresponds to Community fees you had pending of payment for your property in Spain. It is in all probability that the Spanish authorities are unaware of the fact you have been declared bankrupt in the UK, therefore a court process was started by the Community of Owners to recover the debt.

In Spain, whoever bought the auctioned property is liable for the debts it has, so the new property owner would now have to deal with the matter. I recommend you to ask the Bankruptcy Administrator in the UK to contact the Spanish courts dealing with that claim to let them know the debtor has been declared bankrupt.

Regards,

**Karen6498** · 01-22-2013, 04:23 AM

I have recently obtained a divorce in the uk. My ex husband and I
jointly own a property in Spain. I at first purchased the property off plan
with someone else. I put down approx ?40k then later later date my ex husband
was put on the deeds. He continues to pay all fees for property(mortgage and
community fees). I pay ?100 towards this as I have othe financial
commitments ie uk mortgage. My ex is currently refusing to sell the property
(very little or no equity in it/ negative equity) he refuses to provide any mortgage details
or copies of deed, refuses me access to property though he frequently uses
it I have offered to sign property over to him again he refuses. What is the likelihood of me handing back my share or property to the bank ? Any other suggestions
I am sole provider for my children( not of the marriage) and as a result of the debt he left me in I doubt I can afford a solicitor but any help would be appreciated

**Patricia** · 02-07-2013, 05:10 PM

Hello Karen,

The bank will not accept partially taking a property.

Your ex-husband has not got any right to block your access to the property as you are the co-owner, so reporting the case to the authorities would help in that regard, if youa re able to produce a copy of the deeds that confirm it. Also, if your husband refuses to let you have a copy of the deeds, please be aware that you can get a copy yourself, by asking the Notary or the Bank where the mortgage is secured, to give it to you.

Please let me know if the divorce processed in the UK established anything concerning the Spanish property and I will be able to advice further.

Regards,

Unregistered · 03-22-2013, 04:11 AM

Originally Posted by Patricia

Hello Karen,

The bank will not accept partially taking a property.

Your ex-husband has not got any right to block your access to the property as you are the co-owner, so reporting the case to the authorities would help in that regard, if youa re able to produce a copy of the deeds that confirm it. Also, if your husband refuses to let you have a copy of the deeds, please be aware that you can get a copy yourself, by asking the Notary or the Bank where the mortgage is secured, to give it to you.

Please let me know if the divorce processed in the UK established anything concerning the Spanish property and I will be able to advice further.

Regards,

No, it was not dealt with in the divorce as my ex refused to even discuss getting rid of property. I've told him he can have my half but he refuses to take me off mortgage. He uses property and now takes his girlfriend there. He tells me it is his intention to rent it out and if I want to go I must pay rent

**Patricia** · 03-22-2013, 01:13 PM

Hello Karen,

As a co-owner of the property you have no obligation whatsoever to pay a rent to enjoy it and in case he forced you it would be against Law and you would be in a position to report him to the authorities. In fact, you can freely access the property following the route I explained in my previous post due to this, though I recommend you to let your ex-partner know when you will visit the house, or agree scheduled visits. While he is not ready to sell the property or buy you out, this is how you can proceed, unless you want to force a sale at Public auction, where you will both be at a loss.

Regards,

Escaped and happy. · 03-24-2013, 09:58 PM

Spain are in a financial nightmare and there is nothing they can do. I handed my keyes back to the bank and am now living happily in the UK. No one has chased me or frozen my assets all threats and nonsense and I am glad I made the decision to leave when I did.