HI to anyone who reads this thread, please here our plight.
my wife and i purchased our spanish home back in 2005 through an agent sol seeker property . we purchased the house and got our 80% mortgage through la caxia. on recomendation we used spanish lawyers belchi associat. in alicante. we paid all the iva taxes and transferred the money on time. things were going well when last year we did i accept fall behind with our mortgage payments however we had a tenant in the house paying 600 euros p/m and the mortgage was only 900 euros so a shortfall of 300 euros p/m.
we received an email which i have kept from la caxia bank asking me to clear the outstanding debt of the mortgage or else will be repossesed within a few weeks they wanted 6000 euros!! when i questioned the amount i was told by the banks branch manager that it was for legal fees aswell. i asked for the name of the spanish lawyer who was dealing with repossesion for them and the paperwork but i was never given it. i also asked for a break down of each month the mortgage was never paid and also why i hadnt been sent any letters telling me of the banks decision to go ahead for a repossesion again this has never be sent or given. I then transferred 6000 euros over into my spanish bank account which we both thought would be the end of it all. how wrong we were.....
now only yesterday i received an email from the bank claiming that i owe 18,000 euros because the notary didnt know that our house in spain was our second home. below is a copy of the email sent to me by La caxia bank.
Today as yet at 22.04 i have heard nothing from la caxia bank again after sending them several emails and telephoning there office in san javier 9 times through out the day heard nothing. both my wife and i are frantic with worry and dont have the money to send plus we cant afford to hire a spanish lawyer to work on our behalf we really are struggling here and need some help here. i have even tried to contact the spanish consulate in spain without much luck no one seems bothered. i even threatened in an email to contact the police as i feel someone in the bank is acting fraudulently but that didnt work either.
now tomorrow i will again try and contact them but this time i have eye on spain to try and help me out so anyone out there can offer two very worried people advice please please help us out here we are desperate
people.
mr and mrs robinson
Dear Mr Robinson
how are you?
I’m fine even if I’ sorry to tell you that the money you send to pay the debit of the mortgage is not sufficient.
The reason why is that the notary that is working for you has found out that you are not resident and this caused much more costs.
Up to now to cancel the debit you have for the unpaid mortgage you should pay € 18.000.
We tried to not cover you so much money telling to the notary that the house was your usual home, but it didn’t work because in the purchase contract it’s clear that it’s your second house and this cause much more cost.
I’m very sorry and we understand that for you it can be difficult to collect this money but there is no way.
We are available for any other quieries.
Regards.
Stefania Urbani
La Caixa, Avenida del Recuerdo
San Javier – 4471 –
tel 968549880
tel 618754138
fax 968192306
YOU can imagine how distraught my wife and i were at receiving this email and straight away contacted the spanish lawyers who delt with the sale on our behalf. understandably i was very angry, upset when i sent the email to the lawyers and since apologised to them for the wording of my email,
i have assured by the lawyers that they did everything right and declared to the notary that indeed the house i was buying was clearly my second house. here again is the email i received from the lawyers
Now since then i have sent several emails to la caxia bank and received one reply and here it is
Dear Mr Robinson,
my manager told me she’s going to phone you to speak about the problem.
Regards.
Dear Sir,
I go on to comment you the follow:
You required a response from us in 48 hours, and you will have it in two hours, what we demand you is the same rapidity apologizing yourself for the statements you have done about us in your communication to this firm,
Independent of your particular conduct and communications with the bank had been made without our advice saving fees but at the same time with the risk of misunderstand things with the consequences that this entails, your e-mail it is an example, if the mention you did about the 18.000€ is as it appears in relation with the communication sent to you by La Caixa I assure you that:
1º.- When the Caixa says “we” declared your house as a non usual home, they refer “we La Caixa”, not this firm . We don´t know to whom La Caixa declared it but it is TOTALLY clear that they didn´t do it in the Notary where we acted in your behalf.
2º.- At the Notary, our firm, on your behalf we declared ESPECIFICALLY (third page of the Mortgage Deed) that “in accordance with the representative IS NOT THE USUAL DOMICILE and is what we declared. If someone did something different you should ask the explanations to whom is necessary to.
3º.- Seeing what was mentioned before and according to the contain of La Caixa e-mail, someone in there must explain to whom and how your property was declared an usual home and what are these 18.000€ are for, but this firm NEVER EVER MADE THIS STATEMENT and this appear in the Deed made in front of the Notary, so we deserve an apology for what you have said about us.
4º.- I don´t even understand what La Caixa says in its e-mail that in the Notary “ they realized” that you are nonresident, we specifically declared that you were nonresident three years ago. The Notary have nothing to investigate because everything it is stated in the Deed since the beginning. We did tell them.
5º.- The taxes payments and costs for the purchase and the mortgage have been done by the bank at that time on your name, not this firm, so they are the ones who have to give you an appropriate explanation of how and when they did and if they declared your property as an usual one against what we did declared at the Notary. We have no knowledge of it because we didn´t do that proceeding, being a requirement from them to do it themselves.
6º.- At least, we do not understand why the 6.000€ passed to be a debt of 18.000€. It is something that has no sense to us.We pressume that are some things that we haven’t been told and that is why we understand nothing at all.
If the debt that they claimed is refer to something different than what the Caixa says in the attached e-mail that you have sent, the reason of it will be out of our knowledge because we have no other detail. We understand that if you sent it to us this is the origin of it. If it is like this it has been proved that this firm has absolutely nothing to do with what you claim for and we deserve respect for all the work that we have done for you.
After all these explanation I demand you a rectification for your words. This firm has a reputation that you have threat For all these and in defense and honor of the people working in this firm, we demand a rectification in a maximum term of 24 hours.
José Belchí