cam bank charge pentioners 13,000euro intrest for morgage late payment

My family, mom dad and brother live in catral and have done for 5 years,they were given a morgage on one of catrals illeagle builds,by the cam bank,they had a solicitor over look the sale of the land and build who turned out to be the cam bank managers son,due to the downturn in work in this area my brother and father have had a short fall in work and have fell behind in the morgage payments,the have been paying what they could and the cam bank said all was fine ,in the last 3 months there work has got better a little so have paid some extra to help with the arreers , they took the morgage money to the cam bank 3 weeks ago only to be told pay the full amount otherwise" they will not take any payment at all" ,they asked what the full amount was and it was 3 times what they owed.

Since then they have sort advice and have been told by the cam bank that they have also incured a charge of 13,000euros penelty.

They have been granted a morgage on a ellegle house by this cam bank,which has contributed to the downturn in work in catral and the surrounding areas,and are now cashing in on my familys lifetime of work by asking them to pay 20,000 euros for 3,000euros worth of arreers or the CAM BANK will reposess.

Any information,advice,legal or personal would be greatfull

many thanks ,Darren Hope

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If CAM Bank have given a mortgage on an illegal property as a result of their negligence and lack of due diligence then I would think you have grounds to make a claim against the bank for compensation and damages and have the mortgage cancelled.

I would speak with a Lawyer and show them the deeds of the house (Escritura) and the mortgage deeds as soon as possible.

Which Branch of CAM Bank was it that granted the mortgage?

Kind regards

Keith

If your parents house is illegal and it does not have the First Occupation Licence - Habitation Certificate then you need to read María de Castro's latest post on her blog:

http://www.eyeonspain.com/blogs/costaluz/3962/legal-tip-325-first-occupation-license-(-edited-version).aspx

An important paragraph from her posting:

 3.- The buyer can cancel the contract ( even after the signing of the deeds), with full devolution of amounts, interests and compensation of damages if after the completion date, either  the deeds having been signed or not, the building does not have the FIRST OCCUPATION LICENCE (FOL).

Kind regards

Keith