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We are USA residents, my husband is from Orense Spain. In

 
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Customer Question

We are USA residents, my husband is from Orense Spain. In his inheritance with 3 siblings there are parcels of land to be sold. He gave power of attorney to an attorney in Orense, but he will not give us papers he refers us to my husband's brother. the two are not on good terms.
how can we find out if any legal papers have been signed by the power of attorney and if land has been sold.

 

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Country relating to Question: Spain

Already Tried:
the attorney we have in Orense does not provide us with information even when asked.

Submitted: 344 days and 11 hours ago.
Category: European Law
Value: $28
Status: CLOSED

Accepted Answer

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Expert:  Abogado3044 replied344 days and 10 hours ago.

Hi madam:

I am an spanish solicitor.

The power of the attorney usually does not allow to the attorney to sell

The usual power its to represent the client at court

But if you give a power to sell, the attorney can not sell if you are not agree before the sell

In order to know if the propieties are registred to somebody diferent to the supoused persn has to be, you easily could ask for a nota simple at the propiety catastro

DANGEROUS URL REMOVED

Its the official site

You have comercial sites to get it

http://www.provimad.es/Servicios/epropiedad/NotaSimple.aspx?gclid=CP6Z1f2lurACFQwjfAodPC9Y9g

If you need more help please let me know

Expert TypeAttorney
Category: European Law
Pos. Feedback: 83.2 %
Accepts: 303
Answered: 6/6/2012

Experience: Spanish Attorney

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Customer replied311 days and 2 hours ago.

Thank you. How do we obtain all paperwork that was signed by the power of attoney. He ignores our request.

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Expert:  Abogado3044 replied310 days and 23 hours ago.

You could ask a simple copy to the notario who make it

Also you can ask him to cancelate it

Customer replied310 days and 7 hours ago.

This attorney is completely un responsive. We want to find all paper work he has processed and cancel the power of attorney with out talking to him. Could we get all the information at the Notary in Orense? we will also be in Madrid if that is where we can get the info. thanks

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Expert:  Abogado3044 replied310 days ago.

No, you can not.

In order to get all the information he has about you, you have to ask for it to him

But you have a legal way very serios for him

Write him a buorofax informating him that you cancel the power of atorney ( you have to do it aldo in the notaria ) and asking him for all the documents and data he has from you and telling him than if he deos not send you all the documents in 30 days time you will denounce him to the spanish data protecttion agency

According to the spanish personal data law, you have right to get all your personal data from the person who have them, and ask for them and ask to delete them

If you ask for them, for all your personal documents and this attorney do not send them to you, you could denounce him to the spanish data protecction agency and the minimun fine he could get its 60.000 euros.

Its not a mistake, 60.000 euros its the minimun fine he can get if he does not send the personal data and documents to the interesated person who ask for it

Here you got the official web site

http://www.agpd.es/portalwebAGPD/index-ides-idphp.php

In english

http://www.agpd.es/portalwebAGPD/english_resources/index-iden-idphp.php

Customer replied309 days and 14 hours ago.

what is a buorofax in American terms ? and it must come from the notary? the Notary in Orense? Can we contact the Notary long distance to make this request?

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Expert:  Abogado3044 replied309 days and 14 hours ago.

I am sorry, Its a tecnical way to say that you should send him a letter of wich you could prove not only the fact of send it out, in adittion you could prove all the text included on it

For sure, if you phone or write the notario he will help you

Be carefull with the diference time with spain when you try it

Customer replied309 days and 12 hours ago.

just to clarify- the letter comes from the notary written in the Spanish language.


We will be in Orense in September. We could ask the attorney one more time. if he ignores us, then we can have the notary letter done.


another question- my husband wants to give his portion of inherited land to his three siblings. How do we do that.


I appreciate all your help

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Expert:  Abogado3044 replied309 days and 12 hours ago.

Its ok, you got it

In order to donate the lands just in the notaria you can do it

Its a very simple procedure, the notario will do it

 
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