Interim Charging Order

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30 Jan 2012 00:00 by Noclue Star rating. 3 posts Send private message

Hi

I am looking for help on a issue I think many may be having.

I very stupidly got tied inot buying a Spainsh property many moons ago with promises of guarranteed income etc etc.

I guess I am one of the luckier ones as it was built etc and I started to pay the agreed mortagage.

But after about 18 months I hit financial difficulty and fell behind.

I then received a letter from a UK solictior on behalf of Spainish bank asking me to pay the full balnace on mortgage or legal action would follow.

So I wrote asking explaining the financial situation with an offer of what I could afford along with the income outgoings sheet.

The property has not been reposessed so instead of wanting the balance of the mortgage after the sale of the house they want the full amount in one lump.

I got no responce for months and now have received a Interim Charging order on my UK property.

I am not living in it as due to the difficulties I have I have moved back in with my daughter and wife to her parents and rented the house to ensure I can pay that mortgage.

Its intrest only on the UK house and it was bought for £250k with £25k down but was recently valued at £220-230k in the current market.

Whats my next move?

Does the interim order mean they can force me to sell the house if the order is upheld?

Does it go against them they never responded to my offer?

Can they go after what is effectively my family home?

Can they not be forced to sell the property in Spain and simply claim and shortfall (my offer would clear that cosiderably quicker than the fulll balance!)

I did pay the mortgage for 18 months or so and I realise it is my responsiblity but I have made a genuine offer (£97.24 against a month motgage of £800 a month).

All help appreciated! I am going to attend the hearing but I need tio know what format to put my arguement in and what I should focus on.

I am happy to pay the debt at an agreed amount but really dont want to sell my family home or have something hanging over it





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30 Jan 2012 13:31 by johnzx Star rating in Spain. 5247 posts Send private message

It would seem that you need clear legal advice based on the full facts.

 

I really do not think you are going to get the help you require from this forum.





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30 Jan 2012 14:10 by mariadecastro Star rating in Algeciras (Cadiz). 9344 posts Send private message

Legal Questions? Speak to Maria Direct

Dear Noclue:

You need to have the help of both UK and Spanish Lawyers or a UK Lawyer with inderstanding of Spanish Law and Language.

Is it an European Enforcement order which was issued against your property in the UK?

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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30 Jan 2012 14:18 by Noclue Star rating. 3 posts Send private message

Hi Many thanks for the reply.

I all seems to being done in the UK based on UK law.

It did not mention the European Enforcement law.





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30 Jan 2012 14:31 by mariadecastro Star rating in Algeciras (Cadiz). 9344 posts Send private message

Legal Questions? Speak to Maria Direct

ASk your UK lawyer to verify too if the enforcement procedure in Spain has been duly conducted.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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30 Jan 2012 14:32 by Noclue Star rating. 3 posts Send private message

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