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kathy2
04-08-2011, 12:58 PM
Hello

Thanks for reading this.
I have a mortgage in Canary islands for one bed apt in negavite equity.
I resumed full payments to Solbank and a little extra 70 or 80 euros to cover arrears.

There was no month I paid nothing but have arrears of around 6k - 10k
I believe that Solbank have started execution process against me.

Will a judge allow them to repossess a property when I am paying them the full amount and addressing the arrears? Do I have a defence or should I give up and stop paying them.

As far as I understand it the bank will not give me a statement and is putting all payments against the capital sum and not arrears.

Any one know good lawyer in Fuerteventura?

Marta
04-14-2011, 09:12 AM
Hi Kathy2,

If due to the outstanding debts you had with the bank, they iniciated legal action against you, note that you will owe them the unpaid monthly quotas, as well as the interest and judicial charges. The fact that you have already paid the outstanding monthly repayments, does not mean that you are exempt from paying interest and judicial charges generated by the late repayments. Furthermore, you will need to note that if you breached the contract, the bank could allege this in order to repossess your property.
If you need help with your case please don’t hesitate to contact us at Lawbird. We have an excellent litigation department and although we are based in Marbella, we are able to represent clients all over Spain most of the time.