Legal tip 796. What to do with my illegal house?

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28 Jun 2012 10:55 by mariadecastro Star rating in Algeciras (Cadiz). 9294 posts Send private message

Legal Questions? Speak to Maria Direct

Legal tip 796. What to do with my illegal house?
28 June 2012 @ 10:47

It might be that you can wait and are actually waiting or even acting for the obtention of the First Occupation License.

But it might also be that you cannot keep the mortgage repayments due to lose of job or incomes or want to sell it and cannot do it due to the lack of the said license.

Best solution in these cases is to act for cancellation of the whole business ( original private contract and subsequent public deed) due to lack of the said license.  You can also deffend here the cancellation of the linked mortgage contract as the Supreme Court and numerous Appeal Courts have already deffended the nature of linked contracts of these two businesses.

This will also add force to a dation you might have started


Maria L. de Castro, JD, MA



El blog de Maria

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15 Jan 2013 11:59 by Trimer44 Star rating. 5 posts Send private message

You can sue only in case if you cannot get right performance of actions that are according to legally.

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15 Jan 2013 13:28 by hosilverlining Star rating in Property owner in Gr.... 173 posts Send private message


We understand that this is the case in our situation, i.e. if the licence is declared invalid then we can seek cancellation of the sales contract and mortgage contract (and we are already complaining about being sent bills for IBI from the date of registratio of the property).

Does the information you have from previous cases indicate that cancellation of the mortgage contract is the only outcome or is it also possible to sue for refund of all mortgage payments?  Otherwise it seems it is only an alternative to dacion en pago.

Thank you.

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