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Legally the bank has no obligation to admit the propiety
In spanish law does not exist the chance to give the propiety to the bank in order to pay
your mother could negotiate with the bank
but the are not forced to accept by law
If she is working now, and if she does not pay the bank will seize her salary
When you do not pay, they will demand you in court
They cal sell out the propiety and if the sum gotten do not is enought to pay, then seize your salary
But if she can not pay the best way its from the begining to write the bank asking for the cancelation of the doubt by giving the propiety
Some people is getting it from the bank now, because a lot of people in spain can no pay
The bank has no legal obligation to admit it but sometimes they do
I will be here to answer you if you have more questions
If the property has been bought in joint names, would the bank seize half of her salary. The other joint owner is back in England - can they claim money from him ?
Well, the bank could choose who they seize
The two of them have to pay all the sum to the bank
So if he is on england they will demand to pay your mother because its easier for them
They have a little chance to sieze him as long he stay in england
They have the legal chance to seize your mother for the total sum debt
They do not care its on name of both
They can demand only to your mother to pay for all
Is there a legal way out of this situation - she is unable to pay the mortgage and so may have to return to England ?
The legal answer is to negotiate with the bank and if they do not want she could force the situation becuase legaly the seice has some limits
So if she studies with the help of an spanish attorney her chances she can negotiate better
She can stay without problems in spain, the legal problem its th stay with an small part of the salary seized
if you tell me her salary I could tell you the riekes
Her salary is approx 28,000 euro - she is renting an apartment in Valencia to keep her work but is struggling to pay the mortgage on her property in Xativa
Does she live alone ?
I mean somebody who depend on her ?
If she nodody does the worse frame for your mother its to be seized about 300 euros once she have lost the hause
if somedody depends on her will be less, about 250 euros
So negotiate with the bank and if they do not want forget to pay them
Force the negotiation without pay the bank
In the worse frame, your mother take the risk than once she has lost the haose, no before, to be seized for 300 euros per month