April 13, 2017 at 9:37 am #198856
About 10 years ago we bought a house but when we were hit by the recession we had to walk away.
Over the last 8 or so years we often wondered what had happened to the house but we were never contacted by the bank. We recently went back to Spain and found out that the bank had gone bankrupt. The house has stood empty for over 8 years now and is in a sorry state, we found out that it was broken into and gutted.
We got talking to someone over there and he said we might still own it. So since then I have been trying to get hold of the nota simply for the property but so far no luck. I have contacted the land registry (online) to request the nota simply but after 2 searches they can’t trace the property. I have given them the full postal address including the post code, but the last email back from them they are asking for more information. They want the urbanization name and street name but it is a rural property and I have given the postal address.
Does anyone have any ideas how we can find out who owns the property. We have the Escritura and would like to know where we stand.
April 14, 2017 at 2:25 pm #198866mariadecastroParticipant
A research at the Land Registry should give to you a direct answer on who owns that property now. It happens though that many banks did not register their ownership after repossession of a house so, in that case, strategic, direct contact with the Bank might be the best way to find out
April 14, 2017 at 4:21 pm #198874
The bank has gone bankrupt.
After we left the property we had no contact from the bank.
We have thought about contacting a solicitor in Spain to find out who owns the house and where we stand but we are worried we might be in trouble for leaving or something.
April 16, 2017 at 12:04 pm #198893
Please send me the exact location of this property (google earth coordinates) and I will send you the Catastral number. With this the land registry will give you the nota simple. I dont know why the land registry didnt do this. There are several websites that provide this information. BTW it is easier using a private company to get the nota simple online in a few hours for €14
April 16, 2017 at 12:52 pm #198894
Thank you for the information.
I couldn’t get the google earth coordinates but I have found the Catastral number on the Escritura.
Can you recommend a company that can get the nota simply for us please ?
April 16, 2017 at 1:10 pm #198896
April 16, 2017 at 1:11 pm #198897
April 16, 2017 at 1:20 pm #198898
Thank you so much for your help. I will contact Jacob Martin asap.
April 16, 2017 at 4:43 pm #198906mariadecastroParticipant
Despite the legal motto of SpanishLaw: Which is not in the registry, it is not in reality, nota simple details might not correspond to current ownership status of the proeprty as many banks have not registered their rights on properties in Land Registry after these being repossessed by them, so… take it with some caution
- This reply was modified 4 years, 5 months ago by mariadecastro.
April 19, 2017 at 5:31 pm #198994
I have now received the nota simple.
But as expected its in Spanish and after several hours using google translate I haven’t managed to find the owner.
The nota simple I have received doesn’t have any of the previous owners names on it. Is it possible that the paper work I’ve received is for a different property ?
A friend of mine has asked did we ever own the property ? I’m starting to wonder.
April 19, 2017 at 11:04 pm #199005@ToyosCrisParticipant
In your deeds after the description of the property you shoul,find te number which identifies the property.It should say tomo number libro number o,folio and finca.With this info the property registry should find out. If there was a bankrupcy the debt might now belong to sareb. It is taking mote than 5 year to a bank,to reposses.
May 15, 2017 at 3:57 pm #201820Yolanda P. – Ypama AbogadosParticipant
A nota simple informs just about who seems to be the current owner of a property.
You say that you have an “escritura”. Does it mean that you went to a notary and signed the purchase of the property? In that case, you have been sometime the owner.
Land registry is for publicity and third party protection, but what makes someone the owner is the Escritura.
To know if you have ever been as the owner in the land registry you have to ask for a “certificación”. A certificación can be very expensive (for reasons difficult to explain here). So, the best thing to do is to limit the extent of the certificación.
Ask the Land registry to certify who has been the owner of the property since the date you signed the escritura and the title of each ownership. To be sure that the certificación is not going to be very expensive, you can ask the land registry to inform you before issuing it about the price.
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