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qvdftcoef
04-04-2009, 07:48 PM
This is the discussion thread for the article The Dación en Pago Explained (http://www.marbella-lawyers.com/articles/showArticle/spanish-mortgage-dacion-en-pago-handing-keys-bank)

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niki
12-14-2011, 10:23 AM
Hi, could you tell me if legal fees from my lawyer...should be paid by myself or the lender??we have been granted dacion en pago,but have not been told what the valuation of my property was.The bank have agreed to pay outstanding electricity,ibi...but we have legal fees of 1,800euros.

Patricia
12-15-2011, 10:54 AM
Hello Niki,

Yes, it is the borrower who has to pay the legal fees for the solicitor´s services.

Regards,

Vipul
05-15-2012, 12:00 PM
Hi, We've been told that the bank has agreed and signed a Dación en Pago last week but one of the three people named on the deed (and the key holder) knew nothing of the negotiation and has not signed anything - can the bank and other party do this?

Thanks

Patricia
05-16-2012, 12:01 PM
Hello Vipul,

This is absolutely possible, as the deeds must have been signed via a Power of Attorney. Once you have confirmation that the deeds have been signed, this will mean that all the owners were present and if not, it means that one of the owners was represented via a valid Power of Attorney.

Regards,

ALAN GREEN
08-29-2012, 06:56 PM
Hi, Can you tell me how long the Dacion en Pago procedure takes please.

Patricia
08-30-2012, 02:31 PM
Hello Alan,

If the bank finally decides to accept it, the average amount of time is between 6 months and a year, though it can vary among provinces.

Regards,

G.Morriss
09-14-2012, 12:20 AM
Hi

If I decide to go down the Dacion en Pago route, do I have to continue to pay the mortgage, community fees etc until a decision is made?

Patricia
09-20-2012, 02:03 PM
Hello G. Morris,

Before answering your questions, it is important that you understand the Dacion en Pago is only processed if the bank allows for it after checking your financial and personal situation and that they do not have any legal obligation to accept it. In the meantime, that is, while you are negotiating it, we do not recommend you to stop paying the mortgage and other fees related to the property if possible, as in case they deny the Dacion and for instance start the repossession process, your debt will have increased.

I recommend you to contact a solicitor that can negotiate with your bank in your behalf, as if Dacion en Pago was not finally accepted, at least new mortgage conditions or a Novacion could be possible.

If you wish to discuss your particular case, you can contact me by email after clicking on my profile.

Regards,

Forum Guest
04-10-2013, 05:49 PM
We only have old age pensions have no money in the bank and no assests at all we are on housing benifit. If bank reposses our flat in spain will we still be held resposnsible for any money the bank do not achieve when they sell our flat.

Patricia
04-16-2013, 03:22 PM
Hello,

Yes, if the bank eventually decides to repossess your property if there has not been any chance to negotiate a Dacion en Pago - which may be a good try if you can prove you have no assets and live on housing benefits without any other type of sources of income - you will certainy be held responsible for any remaining debt after the bank sells the property.

Regards,

jeannie m. villegas
06-07-2013, 10:24 AM
if we are let to sign the dacion en pago in june 2011, my mother died july 2011, it was not then implemented since 2013, but they sold the property to somebody without prior notice to us and we was just informed latter after everything was cleared, what will be my right as 1 of the co-makers of the loan, and do i still have the chance to get back the property as well???

jeannie m. villegas
06-07-2013, 10:30 AM
oh, i forgot to indicate that my mother was the principal borrower and i & my husband are the co-makers. my sister decided to sell it to somebody interested. the process was already done when i was informed. what is the best way for me to do to get back the property??? thnks

Patricia
06-10-2013, 11:37 AM
Hello Jeannie,

Please explain in more detail the current situation and sequence of events so we can understand the case.

Also, please feel free to send us an email including documentation if you require a more detailed reply to your query.

You can contact me by clicking on my profile.

Regards,

jeannie m. villegas
06-15-2013, 05:42 AM
hi patricia, thanks for the reply. our house and lot title was mortgaged at d bank and dacion en pago was signed by my mom as d principal borrower i and my husband as the co-makers. jun 21, 2011. it was not surrendered at d bank. mom died july 17, 2011 and we were not able 2 pay amortizations. we are waiting for the bank notice to give us any updates but unfortunately my sister found a buyer w/o telling me they had already paid the bank april 15, 2013 and deed of sale was made right after everything was settled in the bank and the documents. now the buyer wants us to leave the house by august. do i still have the chance or the right to repurchase the property from the buyer? because on the deed of sale it was only my sister who signed, the title still in the name of my mom. thanks...

Patricia
06-17-2013, 02:32 PM
Hello Jeannie,

I am afraid I do not understand very well your message. If a Dacion en Pago was signed, this means the bank had to take possession of the property and therefore your sister would have not got a right to sell a property that was no longer your mother´s. As we still do not have a clear picture of the situation, I kindly ask you to send us the Dacion en Pago documentation as well as documentation related to the sale of the property so we can check it and offer our piece of advice.

You can send us the documents by email, bu clicking on my profile.

Regards,

Forum Guest
06-28-2013, 05:12 AM
hi patricia, thanks for all the comments!!! i'd love to send you infos on the problem, but i hardly cant access your account. we signed the dacion en pago doc june 2011 but the bank did not take possession of the house and the interest still continues to increase. mom died july2011 and we hardly cant cope up for the payments because we spent much to her medications and burials. the bank manager told my husband that we can still retrieve the title if we pay it full or even the corresponding interest. then my sister entered into transactions with the bank manager and found a buyer. i told the buyer we will be paying for it maybe in 3 months because we need to find the corresponding amount. but without any notice, the bank manager had told the buyer and my sister that i do not have the right to get it at all because of the signed dacion en pago and that my sister can find a buyer who will pay the necessary charges at the bank. they then made the payments to the bank and the bank manager released to them the documents. the net step is that they went to an attorney for the deed of sale. now the title is in possession of the buyer. they only told me of that right after everything is done. i told the buyer i will pay her the expenses and she will have to return everyhing to me, they refused. what will be my standing then. do i still have the chance to retrieve the rights? what legal moves do i need to do? thankshnotswe

Patricia
06-28-2013, 02:08 PM
Hello,

I am afraid that the information you send is very confusing and we need to check documentation.

If you click on my profile and then click on my details, you will be directed to my email address.

Regards,

Forum Guest
03-04-2019, 01:35 PM
Hi this is for my assignment. Can you give me a simple example of dacion en pago. Thank you so much

Jumel
03-12-2019, 10:33 AM
Hi,

If you went thru the Dacion En Pago Route and the bank accepted it, will that still be reported as a bad credit under my name ? Will this be seen by other banks and lending institution should i want to apply for a loan?

Thank you.

Patricia
03-22-2019, 11:14 AM
Hello Jumel

If you hand over your house via a Dacion en Pago on account of all the debts you hold with the bank, you will be clean in terms of debt at the bank and won´t appear in any List or database of defaulters the bank may have. Other banks have no access to your transactions with that bank and won't know whether you processed a Dacion En Pago. In any case, they can check a defaulters list and if your name doesn’t appear there , they should not have any issues to grant you a loan.

You need to be sure that all the debts with your bank will be cancelled once the Dacion en Pago has been completed. That is, all the debts ( financial products, credit cards, etc ) and not only the one related to the mortgage.

Regards,