Purchased Property

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17 Aug 2011 12:00 AM by bubbles25 Star rating. 3 posts Send private message

Hi all, was after some information...my mother jointly purchased a property in Camposol through Grupo Masa. Her now ex husband whom she purchased it with went bankrupt last year and we do not know what has happened to the property. Unfortunately her ex husband is not telling us anything.

I have tried to contact Grupo Masa without much luck - can anyone provide contact details for this company?

Does anyone know who else I can try to contact to find out what has happened with this property?

How do I find out about a certain court hearing that was suppose to have happened in Spain to do with this property?

Is anyone from the camposol site who can tell me what the current state of the property is

Please just message if you require further information or think you may have some information to help. As my mother and her ex had a load to pay for this property so she has been left with the loan but not the property

Thanks

 





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19 Aug 2011 1:22 AM by EOS Team Star rating in In Spain of course!. 4015 posts Send private message

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Hi bubbles!

Is your mother in Spain now or is she in the UK?

If it was a joint purchase then both their names will be on the deeds, known in Spain as the "escritura".  Does you mother not have a copy of this?

Did she use a lawyer when buying the property?  If so, that person will be the best one to get in touch with.

If not then I can only think that your mother would need to go to the local town hall and ask for a copy of the deeds. 

But from what you are saying, I think she really does need to get a lawyer on the case.

Hope that helps.

Justin



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22 Aug 2011 4:22 PM by bubbles25 Star rating. 3 posts Send private message

Thank you so much

Yes my mother is in the UK, unfortunately my mother cannot remember as it was so long ago the lawyer that was used and her ex-husband stole all the paperwork.

I have written on her behalf to a registry office in Torrevieja as well as Grupo Masa whom they purchased from but unfortunately have not had a reply.

Do you know what the address of the local town hall to Camposol would be? So I can writ to them too

I agree that she needs a lawyer but she isn't eligible for legal aid so I am trying to do as much of the leg work as possible before hiring a lawyer to save money.

I hope you can help further or anyone else can.

I really think her ex husband still has the property and that him & his new wife are actually holidaying out there at the moment so if anyone feels like doing a bit of spying for me that would be appreciated. Their names are Kelvin & Ros Bennett and the property is C14 1087 Campsol they named the property Casa RosKelvino.





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22 Aug 2011 11:53 PM by EOS Team Star rating in In Spain of course!. 4015 posts Send private message

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I'm not sure writing to the town hall is going to work.

I don't know the Camposol area so can't help on that.

BUT, are you saying that your mother is paying the mortgage?  Well, why doesn't she speak to the bank?  They will have all the details of the property and it's in their interest to help.  I know my local bank here would definitely help.

Have you thought about that route?

Justin



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23 Aug 2011 1:19 PM by bubbles25 Star rating. 3 posts Send private message

Not really a mortgage - it is a loan secured on her property over here that paid for the majority of the villa all bar the £10000 balance left to pay on completion. They had a document drawn up when they divorced that she will have the UK property and he will have the Spanish one (he would pay for the loan & the final repayment) and she would continue paying the mortgage on the UK one - it was a trust thing, they were basically secured against each other. The lender aren't really bothered as long as they get their money.

However when he went bankrupt - the Spanish property & its paperwork seemed to disappear off the radar the document drawn up was actually not complete in the eyes of the law so my mother has to continue the repayments of the Spanish property as well as the UK property. The insolvency agency know nothing of the Spanish property so it has left us wondering where has it gone.

He said that Grupo Masa took the property back as he was unable to make the final payment but they shouldn't have been able to do that as my mothers name was on the contract & deposit.

It is a very complicated scenario and will therefore cost alot through lawyers so what I can find out before involving them is key and any advise that can be given would be much appreciated.





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23 Aug 2011 4:48 PM by EOS Team Star rating in In Spain of course!. 4015 posts Send private message

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It does all sound rather complicated and I just don't know what to advise short of getting a lawyer on board.  It sounds as though this is what's needed now.

And you're probably looking at a bill of a few thousand Euros, so I can understand you wanting to do as much of the inital legwork as possible.

Maybe even talk to a UK solicitor as he seems to have not kept up his part of the contract, as the loan is not related to the actual property in Spain.

All seems very complicated but I think you need some proper professional advice.

I'll ask a friend of mine who is a UK trained lawyer to read the thread and see what he thinks.

Justin



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23 Aug 2011 4:53 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

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 If they used a loan to buy the property, this needs to be registered in the Land Registry ( both ownership and debt), maybe a check under their full names here will bring a result: http://www.registradores.org/en/nota_simple.jsp

 



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Maria L. de Castro, JD, MA

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Director www.costaluzlawyers.es

El blog de Maria



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26 Aug 2011 9:28 PM by Suntrap Star rating in Barcelona. 8 posts Send private message

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I agree with Maria.
First thing to be done is to check the situation on the property in the Registry "Registro de la Propiedad".
Ask for a "Nota simple" o even better a certificate so you can identify the actual legal owner according to the last deed.
Also you will identify the debts on the property and who has to pay it.

This will set a good point of start to go on with the research.

Eduardo Sanz
Suntrap Property

_______________________
www.suntrap-property.co.uk



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