Bank mortgage and contract completely wrong.

This topic contains 3 replies, has 3 voices, and was last updated by Profile photo of Yolanda P. Yolanda P. 1 week, 3 days ago.

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  • #198997
    Profile photo of chrissie
    chrissie
    Participant

    We have an escritura prepared by a bank for the mortgage on our property.  The escritura  has an error in the floor area of over 30%. Which has only just become obvious to us as this is the first opportunity of having it translated into English.  The previous escritura was correct. The bank are completely responsible for this error. Does this invalidate the contract which uses the same wrong information?

  • #199016
    Profile photo of @ToyosCris
    @ToyosCris
    Participant

    Have a look at the description at the Nota Simple.The notary will get that one as the good one as it ismthe information that the property registry has.

  • #199030
    Profile photo of chrissie
    chrissie
    Participant

    We have been to the notary with the 2 escrituras They acknowledge there has been an error and the second is incorrect as the bank gave the wrong details. This was when we re-mortgaged.

    We have just lost a sale of the property due to this error and I want to know if we have redress and if so how we go about it please. Do we complain to the banks head office or any suggestions? We still need to sort this problem out although it is now obvious that the mistake is there.

     

  • #201803
    Profile photo of Yolanda P.
    Yolanda P.
    Participant

    Hi, Chrissie,

    If the mistake is what it is called a “clerical error” (it is clear that the notary made an error when transfering the information from the “nota simple” to the “escritura”), then the Notary can ammend it with a “diligencia” in the same escritura or usign an “acta notarial” (another formal document). Sometimes both parties will have to go to sigh, sometimes they don’t need to go.

    If the error was due to negligence from the bank, the bank should bear the costs for ammending it.

    Don’t  let yourself be caught by what the notary and/or the bank tells you. If the bank gave the wrong information, then it is up to the bank to solve the problem. Talk to the manager of the branch and if you receive no solution, then complain to the banks customer service.

     

    If it is not a clerical error (it is not obvious from the documents attached to the escritura), then the issue needs to be studied by a lawyer in order to find a solution.

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