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Soy... una mujer

Sobre mi... Born in 1973. JD ( Seville) and MA ( Navarre). US 2000-2001. Married to an artist, two children: Teresa y Jacobo

Vivo en... Algeciras (Cadiz)

Me gusta... Philosophy, friends, nature.

Trabajo de... Lawyer

Mi firma en el foro es...

Maria L. de Castro, JD, MA


Director www.costaluzlawyers.es

El blog de Maria

mariadecastro's latest forum comments

17 Nov 2017 12:49:

I testify it: Zahara is a paradise!

Thread: Zahara de los Atunes

17 Nov 2017 12:47:

The urban expropriations or for urban planning reasons are mainly regulated by regional legislation without prejudice to the application of National Land Act. The Forced Expropriation Act, in any case, is supplementary to the aforementioned norms.

National Land Act establishes  ( article 42) the approval of the territorial and urban planning instruments will entail the declaration of public utility and the need to occupy the corresponding assets and rights, when said instruments enable their execution and this must be produced by expropriation. Said declaration will be extended to the precise land to connect the urbanization action with the general service networks, when necessary.

This same Act details on “ fair value” of the expropriated assets and rights , which will be set according to the criteria for valuation of this law through an individualized file or through the joint appraisal procedure. If there is an agreement with the expropriated, value can be met in kind.

The actions of the expropriatory file will be followed by those who appear as interested in the delimitation project, drawn up in accordance with the Law of Forced Expropriation, or who prove, in legal form, to be the true owners of the assets or rights against what the project says. . In the joint appraisal procedure, errors not reported and justified in the public information phase will not result in nullity or reinstatement of proceedings, however, the interested parties retain their right to be compensated in the corresponding manner.

Thread: Land in Valencia

16 Nov 2017 14:51:


Supreme Court has said in 2  ocassions now (  17/03/2016 and 16/03/2017)  so, it is Case Law since March 2017 that interests are to be paid since date of deposit into developers´account.

Banks need to submitt and recognise Supreme Court Case Law from date of existance of this, as Law itself, with same consequences as to not recognising or respecting Law.

Judges need to apply Law according to existing Case Law.  

Thread: San Jose into liquidation.

16 Nov 2017 12:47:


A bit more on explanation. I am of course not displaying all the legal strategy here as it is part of our know how. Any good lawyer could advise you on this too of course.

1.Keys back to Bank: In order to protect mortgage debtors, our government passed, many years ago, a limit for the value banks can give to properties when being repossessed by them after an auction and , as being based on the inflated value of then,  and adding interests and legal costs, in most of cases that minimum value equals pending debt of those who hired the mortgage in the peak years ( 2006, 2007) and whole payments are unsustainable for a house whose value is highly lower now. Good negotiation with the Bank usually works for the deal to be signed. At the end, they save the judicial costs of repossessing your property. 

2. Sale of debt to third parties, Consumer Law and buyout rights. A bit more complicated process which will involve judicial fight and which obviously is no in the appetite of many, reasonably.

Supreme Court has declared the null character of the clause by which the bank did not have to communicate to you the sale of the mortgage . Based on this and if you find ( there are available online databases for this), that your mortgage contract was sold to a third party, you can ask the bank for that information and exercise your rights to the buying out of the debt.

Not magic,  just Consumers Law played against financial engineering. So that people matters. Simply.





This message was last edited by mariadecastro on 16/11/2017.

15 Nov 2017 12:16:

At present, a good deal is to sell your property back to the Bank as they need to "buy" it respecting legal minimums limits in comparison to valuation made when lending money. These values are generally much higher than the current market value.

Also, if Banks sold the mortgage contract to a third party ( generally for a very small price), you have a right to be informed of price and pays for it and retain the house. This means, obviously, an important reduction of debt and cancellation of mortgage on your property.




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