* Legal Property Experts * Can You Buy an Embargoed Property?

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27 Jan 2014 09:13 by jewseboy Star rating in La Cala. 7 posts Send private message

Any legal property experts out there??

The Situation:

I have seen a townhouse that I would like to buy but it has a local ayuntamiento notice saying that there is an embargo on it for 100,000 Euros.

contacted the town hall to get more information and they told me that if the embargo is not paid shortly the house will be claimed back by local authority and auctioned off for sale.

The townhouse has been abandoned for several years now, I see it every day I pass for work. No one has lived in it for a long time and Im wondering if there is a way to buy this property (with Embargo) before it is reclaimed by local government and auctioned off?

If it is auctioned off it would go for a lot more I guess maybe 150,000.

I asked at the ayuntamiento if I could buy the property from them before it goes to auction once they reposses it but as they dont own it "yet" they would not commit to a decision but indicated it would goto auction.

If I could contact the owners via land registry or community channels is it legal to negotiate a safe purchase before this property is taken, Im assuming they either cant afford to pay the embargo and cant sell the property with an embargo so it looks like there are no other options other than this property going to auction?

Any advice would be welcomed.

 

 





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27 Jan 2014 09:59 by johnzx Star rating in Spain. 5241 posts Send private message

If I could contact the owners via land registry or community channels is it legal to negotiate a safe purchase before this property is taken, Im assuming they either cant afford to pay the embargo and cant sell the property with an embargo so it looks like there are no other options other than this property going to auction?

I don't see why if you contacted the owner and he/she agreed to sell, then providing the amount of the embargo was paid off,  the property would become available to sell.

   But make sure the owner does not owe lots of other people too.   Just because a debt is not registered with the Property Registry Office does not mean there are no debts, which a new owner would become liable for. 





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29 Jan 2014 10:56 by jewseboy Star rating in La Cala. 7 posts Send private message

Thanks for your reply John.

My biggest problem is contacting the owner before the house get repossessed by the town hall.

I have tried the community office but they dont have any contact details for him, any ideas on how to locate the owner? 

Im not sure how to get the nota simple to see all the debts and if all the debts would show on this document?

 





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29 Jan 2014 11:08 by johnzx Star rating in Spain. 5241 posts Send private message

Im not sure how to get the nota simple to see all the debts and if all the debts would show on this document?

From the Property Register Office of the town hall.  You need a    'Nota Simple'   but you will need the address,  which if you have been in touch with the town hall you will probably know or the town hall will tell you, or maybe the community office will be able to tell you.





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29 Jan 2014 17:45 by ads Star rating. 4013 posts Send private message

How can the town hall take ownership of a property if an embargo is still legally outstanding?





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30 Jan 2014 08:49 by johnzx Star rating in Spain. 5241 posts Send private message

Ads, Isn't it the town hall that have embargoed the property ?





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30 Jan 2014 10:22 by jewseboy Star rating in La Cala. 7 posts Send private message

The town hall have placed the embargo on the property and Im assuming community etc also have their claim which would show up on the nota simple.

The town hall has the power to take the property if the embargo is not paid to them. Then I assume they pay out to all the creditors once the property is auctioned off





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30 Jan 2014 11:39 by ads Star rating. 4013 posts Send private message

I wonder on what grounds the town hall have placed an embargo on this property?





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30 Jan 2014 11:53 by johnzx Star rating in Spain. 5241 posts Send private message

Ads:-   at the risk of you actually being serious !I

I wonder on what grounds the town hall have placed an embargo on this property?

The owner clearly owes money to the town hall,  e.g.  non payment of I.B.I   etc.





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30 Jan 2014 12:27 by mariadecastro Star rating in Algeciras (Cadiz). 9298 posts Send private message

Legal Questions? Speak to Maria Direct

You can still contact the owners and buy the property before the auction



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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30 Jan 2014 14:06 by jewseboy Star rating in La Cala. 7 posts Send private message

@ mariadecastro

The only info I have is the previous owners surname and the address of the property I want to buy.

I am trying to contact the owners but Ive hit a road block. Ive tried looking for old post in the community, asking at the urb. community but they only have a surname Mr Smith, no contact number and no email address.

Will the owners contct details be listed on any public documentation at the town hall that I can access?

Any ideas?





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30 Jan 2014 14:14 by mariadecastro Star rating in Algeciras (Cadiz). 9298 posts Send private message

Legal Questions? Speak to Maria Direct

Have you gone to the Land Registry?

Is not the Town Hall willing to give details to you and have their debt cashed?



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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30 Jan 2014 14:18 by johnzx Star rating in Spain. 5241 posts Send private message

I am not sure if the Nota Simple contains the address of the buyer at the time he/she bought. 

The Copia Simple would. 

If the Nota does, then maybe you can get an address, even may be in another country, which is still valid or through which you can trace the owner of the property in Spain.





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30 Jan 2014 18:42 by GuyT Star rating. 487 posts Send private message

one wonders how they ran up such a large bill - €100k

 





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31 Jan 2014 08:17 by johnzx Star rating in Spain. 5241 posts Send private message

It may be the bank loan (mortgage) and/or a combination of debts including the town hall.





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31 Jan 2014 09:08 by jewseboy Star rating in La Cala. 7 posts Send private message

Can anyone confirm if the Nota Simple and Copia Simple can be obtained from the Town Hall or online by anyone?





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31 Jan 2014 09:22 by johnzx Star rating in Spain. 5241 posts Send private message

 

 

Property Registries are departments of the 'local' town hall.

I Googled "spain nota simple online"     I got several possibilities

Might I suggest you Google it too and include the name of the municipality involved. I am sure you will find what you want.

 

 

 





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03 Feb 2014 11:48 by mariadecastro Star rating in Algeciras (Cadiz). 9298 posts Send private message

Legal Questions? Speak to Maria Direct

Dear Johnx:

Despite Local Councils have registry of properties for taxes reasons, the Land Registry he needs to consul with in this one:http:    //www.registradores.org/en/index.jsp

There is an access with English translation.

Kindest regards,

María

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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03 Feb 2014 12:57 by jewseboy Star rating in La Cala. 7 posts Send private message

Thanks for the info guys I will try and loacted the owner through the resources you both have highlighted. If you have any other ideas please let me know

 

Cheers.





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03 Feb 2014 13:08 by ads Star rating. 4013 posts Send private message

Maria,

Does this register include offplan properties/contracts where deposited monies have been placed against the property, but for whatever reason those monies have never been returned to innocent purchasers (debt outstanding) following developer breach of contract, but the property was eventually built?

What happens in the instances for example where a property meets the above criteria, a case against the developer has been won at appeal, a preliminary enforcement was never achieved (developer asset stripped or went into administration in the lengthy interim period awaiting enforcement), and/or an embargo to seize assets has not been concluded?

Is this outstanding debt relating to offplan deposited monies recorded against the property anywhere, and if so where?





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