- This topic has 17 replies, 6 voices, and was last updated 17 years, 7 months ago by
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hi if there is anyone who can help i would be grateful my parents bought a home in spain 2 years ago as it was their dream to retire out there unfortunately things didnt go as planned and now have had to stay in england, when trying to sell spanish property apparantly they do not officially own it therefore cant sell it, they paid in cash and the solicitor out there said he has no record, they have a receipt but they have had to move so many times in the last six months eveything they own is in boxes, why is this happening they are both 60 or thereabouts and just want to relax and now all this, does anyone know anything they could do to solve this, they just want to sell the property and buy somewhere in england but they cant, 60 and homeless life is not fair. please if anyone has any advice i need to hear it so i can give my mum a glimmer of hope. thanks
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have found out that they did go to a notary, but the problem seems to be with their solicitor they gave him power of attorney and he has made a false document in their name??? i dont know all the details but, somehow they cannot trace the money and the property isnt in their name, not sure of full details have told my mum to come on here and give all details hoping we can figure this out for them!!! will the notary prove that they paid in cash for the property?? what can he prove??
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Hopefully it’s something as simple as the property just never having been registered at the Property Registry/Catastro in their name.
Did your parent receive and pay a bill from the Notary or from the lawyer for Notary fees, transfer tax, registration fee?
Do they have a breakdown of the lawyer’s bill?
Have they been paying IBI (property tax) on the house? Water/electricity in their name etc? Non-residents’ taxes?
Did they receive a copia simple for the property?
I think they’re going to have to unpack the boxes to dig up the paperwork! I wish you and them luck. -
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thanks for your reply, my mum said she has got most of the things that you mentioned, they have been paying water elec and phone bills all in their name, they did pay registration but then moved solicitors to find that old one didnt register property so they went back to them and they refunded them money, as for ibi she is not sure. my dad is in baza as we speak trying to resolve the situation he does have abreakdown of the lawyers bill, so do you think it will all be ok, i am so scared that they will lose all their money and the property?? is this possible or as they have most of the documentation do you think it will work out alright???
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Ok so hopefully, your lawyer who had the POA will have signed the Escritura de Compraventa in the presence of the Notary.
This “should” then have been registered at the Property Registry (making it an Escritura Publica, a public document). Once registered, the document is returned to the Notary, where it is kept on file. If you need a copy you can request one from the Notary who will produce an authorised copy.
The deed “should” have been registered within a few months and your lawyer will have asked for a sum of money in advance to cover the estimated taxes and fees, and billed you for the remainder or refunded you the overpayment once the deed is registered. Or, in your case, not registered it at all and at least had the good grace to refund the money!
Get your Dad to go to the Notary (Baza?) and request an authorised copy, employ a better lawyer or a gestor and get them to properly register the property in your parents’ names.
They will have to pay up any owing IBI before you can sell. You may want to read the CGT threads as your parents are non-residents. -
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It may be worth attending local registry office and obtaining a nota simple on the property . (cheap). you can also request a “history” of the escritura, which will show what changes there have been , ie, have they owned it and someone “purchased” it from them. This doesnt have to be done by a lawyer, so would keep costs down if someone else does this first.
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hi well so many months later and not much has changed, I do not have all the details, but my mum went out to spain to try and sort things out, changed her solicitor to someone who is supposed to be highly recommended, well he is messing her around also, she is at the end of her tether, she is 60 yrs old living in rented accomodation where she cant have cats which she adores, cant even put a plant in the garden, cant get any help from councils or housing associations as they have the house in spain!!!! this is making my mums life miserable, all she wants to do is sell the property get their lifes savings back or most of it whatever they get for the house!!!! Then get somewhere she can call home. It is not fair that people who have worked their socks off all their life get to the age where they cant work anymore, and now have nothing because of stupid spanish lawyers, all i know is that the latest news from the solicitor is that they cannot sell their house, why is beyond me and beyond my mum they seem to not want to tell her anything, ignore her phonecalls and emails, so it seems like their is no hope???? I want my mum to enjoy her last years of life, who knows how long she has left but to live it with this on her back is certainly knocking the years off!!!!sorry i am just very angry ast the moment as i want to help her but cant financially so i am trying to get help from anywhere.
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hi, the property is in baza, granada and is currently for sale if anyones interested, thanks to some good advice to people on here my mum has managed to put the wind up the solicitor and made him realise she wont be walked over, so he is now on the case and trying to get things organised so they can sell the property, all it was that there was a signature missing or something, there were 4 people who sold the house to my parents and the solicito told them he had all signatures when he didnt, taken ages to actually get him to tell them what the problem was, made them really concerned as to what had happened, but after a phonecall from somebody high up he told my mum everything and ensured her that she could now sell the property., so fingers crossed, will keep everyone informed, and thankyou to all for your advice and help.
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hello again, i really didnt think i would be back but i am, why well my mum is once again in spain, we thought this would be the last time, silly us… she was supposed to go to spain to get everything finalised, get all the signatures from the sellers visit the notary etc so that she could come home put the house on the market and move on with her life… it didnt work out quite as she had hoped, now my mum bless her is 60 years old, deaf in one ear and has osteoarthritis, her legs dont work very well, she used to be a strong woman but has lost alot of her confidence and really didnt want to go back to spain to sort this but my dad is working away so she had no choice, anyway to cut a long story short, her solicitor phoned yesterday and they arranged to meet at the notarys office, she got very excited at the thought it might all be over soon.. but no… when she arrived there were all the people who owned the house previously, the solicitor, etc andd my mum who has tried very hard to leatn spanish and can speak it quite well but finds it difficult to understand at the speed most people speak, anyway she got very frustrated as they were all chatting away quite happily, but forgetting that she could not understand and they did not want to give her any help, yes she should have had an interpreter but maybe she thought that considering her solicitor can speak english he would let her know what was being said, well at half past two this afternoon she phoned me in tears, didnt know what was going on, she had basically been ignored by them all, i cannot bear this much more it is killing my mum, i want to be with her but cant as i have three kids to take care of here in england, my question to everyone is, does anyone know of any interpreters in the granada area that could go with my mum to any more meetings and tell her what is going on…. if so please let me know, she needs someone who has a heart, and can translate spanish to english, any help as always would be gratefully appreciated. thanks for listening, sorry for going on!!!!!
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