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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 5734
Experience:  Spanish Attorney
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My partner Christine and myself purchased an off-plan two bed

Customer Question

My partner Christine and myself purchased an off-plan two bed apartment in a newly built complex in Spain circa 05 using a Spanish mortgage company.
The build was completed and access given circa 06. Our accommodation was in phase 5 of the build. For some reason, which we've never been able to discover, the swimming pool build for this phase was never attempted and it was deemed phase 5 owners would have to use any of the other phase's pools.
Interest rates started to climb exponentially. I was diagnosed with MS. I had to give up work and fall back on pensions for my income. We had many other investments and with ever increasing interest rates we soon found our joint incomes didn't cover all the bases.
We started renting the Spanish property out (paying tax to Spanish gov). Tenants were found by an acquaintance who lived in Spain. The last tenant proved to be a disaster as he failed to make rental payments in the later part of his tenancy, damaged the property and stole sheets and cutlery.
We lost interest in having to travel to and from and trying to make good our losses on the property mainly due to my lack of mobility and limited income.
We've retained the property in the hope I'd find another income stream. So far that hasn't happened but strangely we still have the property (with ever increasing mortgage debt).
The reason I'm writing to you is that although the mortgage company has remained quiet the complex community management team have started pressing for payment to meet the local council community services.
To date they, as with the mortgage company, have sent sporadic statements but never a demand for payment.
They are aware of my illness and presumably leaving me alone while training their guns on my partner. My partner's a senior nurse working in the community for a West Sussex NHS Trust. They have instructed a solicitor in London to harass and threaten legal action leading to damaging my partners Credit History. The debt, I was surprised to discover, is c. £8000.
Although it seems clear I need to pay something I'm wondering how much but then if I do am I not admitting to the whole of the debt. I feel I need to counter with some show stopping questions to allow time to think. Should there not be a social element to the site community billing structure to take into account those that can't pay due to illness? Have they not left it rather late to make demands for payment? Can't see the wood for the trees and feel I must ask for advice before filing my response to their London solicitors by Fax tomorrow.
Lastly I've had no correspondence with the other side. Also the property has been empty for about 8yrs. My condition has worsened in that time.
Looking forward to your earliest guidance on this matter.
Peter Wheeler
Submitted: 2 years ago.
Category: Spain Law
Expert:  José M. replied 2 years ago.

José M. :

Hi Mr Peter Wheeler

José M. :

I am José M. spanish atorney

José M. :

In Spain cases as yours are now very usual

José M. :

Latest laws has become to make the debitor position stronger againts the banks

José M. :

Probbaly your best could be not to pay a penny and do not be scared for further actions

José M. :

In England they could no go against you until they do not become owners of the spanish propiety and it could demand money and time

José M. :

As long as you do not pay a penny they will be closer to deal with you

José M. :

When the want to deal with you, offer the propiety as it is and demand to finish whatever sum they could consderer you owe them

José M. :

In most cases, for sure all that I have managed, later or sooner the bank aceept

José M. :

So, do not pay, let the bank that you could considerer to give the propiety to them againts to be free of them, and wait their answer

José M. :

In the worst screen for you the bank will demand you in court, then you will have to contract a local atorney to defend you, but I think they are not going to spend money or time with you

José M. :

I will be here if needed

José M. :

I have some experience with cases like yours and the bank always accept, later or sooner

José M. :

But remember, DO NOT PAY. As long as you pay whatever, they will smell your fair and do not negotiate

José M. :

THey never get an agrement with people who pays, they prefer money, cash. The propiety will be for them in all cases, no It makes no sense to pay now a penny

José M. :

Thank you for asking

JACUSTOMER-hifuuh9e- : Thank you all for your intriguing answers to the perceived future problem with the banks / mortgage company.
JACUSTOMER-hifuuh9e- : However, the most pressing question is what to do about the community charge for the rubbish collection, pool maintenance, weeding and garden up keep etc. The property management company have contacted a London solicitor to force payment for these services. That solicitor has given Christine 14 days to pay in full or make some proposal to pay. So what I was particularly keen to know what to do with that solicitor who seems keen to damage Christine's credit history. Maybe I've missed the point of your answer and that you.have indeed answered the question. Sorry can't see it. Please help by pointing it out. Thanks again Peter Wheeler
José M. :

Hi Peter Wheeler

José M. :

They could no go against you in London or UK for spanish debts until they got a judicial order gotten in an spanish court

José M. :

You could pay the comunity fees or not. Really it is not matter what you do. If you do, you will avoid to be disturbed and the comunity let you go

José M. :

If you do not pay, they have to spend money on demanding you in an spanish court and if the best for them to seize your spanish propiety and you will lose it. You are going to lose it anyway. Really it never was yours, wasn´t it?

José M. :

It has been always a bank´s propiety

José M. :

Even if you let the bank to get it in most cases you have to keep on paying the comunity fees becasuse banks do not make the name change in the propiety register

José M. :

So, check if you are really interesed on not being disturbed by the comunity and pay, or let them go and do not pay to anyone

José M. :

Bank or comunity have the chance to disturb you in UK, but really the legal chance to go further is very short

José M. :

So, if you are not going to pay the bank do not pay to anyone, you will save money

José M. :

I gently ask for a good rate of the service

José M. :

Please let me know if you need more help

José M. :

Thank you

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