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José M.
José M., Attorney
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Experience:  Spanish Attorney
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My Daughter lives and works in spain, has bought a property

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My Daughter lives and works in spain, has bought a property several years ago in joint names with her boyfriend who has left her and spain.

After many months she is now unable to continue to pay the mortgage and can not sell or rent the house.

Can she legally pass back to spanish building society ?

Attorney3044 :

Hi there

Attorney3044 :

Legally the bank has no obligation to admit the propiety

Attorney3044 :

In spanish law does not exist the chance to give the propiety to the bank in order to pay

Attorney3044 :

your mother could negotiate with the bank

Attorney3044 :

but the are not forced to accept by law

Attorney3044 :

If she is working now, and if she does not pay the bank will seize her salary

Attorney3044 :

When you do not pay, they will demand you in court

Attorney3044 :

They cal sell out the propiety and if the sum gotten do not is enought to pay, then seize your salary

Attorney3044 :

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

Attorney3044 :

Some people is getting it from the bank now, because a lot of people in spain can no pay

Attorney3044 :

The bank has no legal obligation to admit it but sometimes they do

Attorney3044 :

I will be here to answer you if you have more questions

Attorney3044 :

Thank you

Customer:

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 ?

Attorney3044 :

Well, the bank could choose who they seize

Attorney3044 :

The two of them have to pay all the sum to the bank

Attorney3044 :

So if he is on england they will demand to pay your mother because its easier for them

Attorney3044 :

They have a little chance to sieze him as long he stay in england

Attorney3044 :

They have the legal chance to seize your mother for the total sum debt

Attorney3044 :

They do not care its on name of both

Attorney3044 :

They can demand only to your mother to pay for all

Customer:

Is there a legal way out of this situation - she is unable to pay the mortgage and so may have to return to England ?

Attorney3044 :

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

Attorney3044 :

So if she studies with the help of an spanish attorney her chances she can negotiate better

Attorney3044 :

She can stay without problems in spain, the legal problem its th stay with an small part of the salary seized

Attorney3044 :

if you tell me her salary I could tell you the riekes

Attorney3044 :

riskies

Customer:

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

Attorney3044 :

one minute

Attorney3044 :

Does she live alone ?

Attorney3044 :

I mean somebody who depend on her ?

Attorney3044 :

If she nodody does the worse frame for your mother its to be seized about 300 euros once she have lost the hause

Attorney3044 :

if somedody depends on her will be less, about 250 euros

Attorney3044 :

So negotiate with the bank and if they do not want forget to pay them

Attorney3044 :

Force the negotiation without pay the bank

Attorney3044 :

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

Attorney3044 :

Thats all

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