My family and I were 'assigned' a mortgage from a developer when we bought off plan near Estepona.

Our original mortgage offer was for 129,000 euros which we increased to 138,000 euros to buy a furniture package for our apartment which we were told we had to buy as part of the deal. We have since noticed that our mortgage is actually for 180,000 euros. We DID NOT sign for this increased mortgage but think perhaps our solicitor who had power of attorney did. We have no paperwork pertaining to this bigger mortgage.

We are struggling to keep afloat with our payments and are chasing down evidence of us agreeing to this mortgage. Can a power of attorney solicitor agree a figure if it has not been approved by the owners and the owners be liable for this loan?

The owner of the mortgage company from where our original offer came is being investigated in the UK by the Financial Services Authority for the fraudulent sale of mortgages. If we have been mis sold a mortgage does this also give us any grounds to dispute the greater loan amount with which we seem saddled?