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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 6078
Experience:  Spanish Attorney
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Hello, My husband Karl purchased a property in Spain (Ciudad

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My husband Karl purchased a property in Spain (Ciudad Quesada) approx. five and a half years ago (April 2007). We purchased the property from a family we knew as they were struggling financially and would have lost a lot more had we not bought the villa.

As Karl did not want to put any money down himself, the family we purchased from placed a charge on the property and we have a legal agreement to pay them €7500.00 each year, starting 2007, for 8 years (this is all legal and been signed at the Notary etc). All these payments have been made and are up to date.(basically they in effect lent my husband the deposit to put down on the villa).

Last year we changed our mortgage from repayment to interest only, due to the economic climate, and Karl flew to Spain to sign all the paperwork and again visit the Notary, bank etc.

Earlier this year the bank contacted us via email (Caja Murcia Bank) to ask if he wanted to reduce his mortgage costs further, for a 3 year fixed period, and Karl agreed it would make sense.

Karl flew to Spain especially to sign the forms, in July 2012, visited the Notary with an interpreter and the Bank official. When he left the meeting he was told he would receive an email confirming everything was done.

Karl received an email a couple of months ago saying that our mortgage was frozen due to the fact that they couldn't place us on the 3 year deal because the bank themselves only had a 2nd charge on the property and that the family we purchased it from had the 1st charge!!!

Karl asked why they didn't know this when he originally flew out in July as it was the bank who encouraged him to switch to the new deal. The bank have not explained this to us, however, they have told us to pay the family member the remaining 2 payments (€15,000) so that the charge can be removed and then once the bank has 1st charge they will continue with the arrangement.

We have tried to contact the family concerned, so has a solicitor, but it turns out they dont want to be moved to hold 2nd charge, even though it has been fully explained to them that the charge is the only change, and the repayments etc will remain the same.

Karl then told the bank to forget the new arrangement, and that we will continue as was to save any problems but the bank has told us that it is too late now as the paperwork etc has been signed at the notary and cannot be cancelled!!

The bank has given us until the 10th November to repay the family member and remove the charge............this is a very short period of time to find the money. Also, our mortgage has remained frozen for several months and is a concern to us.

Can the bank do this.....?
It was not our fault or knowledge that the bank had the 2nd charge......?
Do we have any legal standing towards the banks they got the paperwork signed which is now binding........?
Would the bank be flexible in helping us at all as it sounds like it was their oversight and our villa is potentially in jeopardy..........?

Thank you in advance

Hi there


I am an spanish attorney.


Its a very hard situation for you.


As the propiety register its public you could not say ( I am sure you didnt know ) that you didnt know the previous charges.


We have to look at the signed contracts and what they say

If the contract say that you buy free of charges the seller has to pay you back


The problem now its that you really have to pay the bank to take out the charge

In my opinion the answer its to pay to the bank and demand the money to the seller if the contract say you bought without charges


I will be here if you need more help

Customer: replied 4 years ago.
Thank you for your response. Our concern was that the bank, previous owner and my husband all attended the Notary and sorted the mortgage and charges out at the start so why did the bank allow the previous owner to have a 1st charge.(this was all done at the time of sale/purchase).
Do we have any standing with the fact that the bank got us to sign the forms, then discovered they were only 2nd charge holders and now say it's too late to change everything?
Do you feel the bank may allow us a little more time as this has come as a huge shock to us.
Thank you

Sinceraly I have not idea what has happened, may be problems with translations or maybe a trick of the seller ( ?)

I recomend you to contact with an english speaken english who study the escritures and negotiate with the bank first and demand rhe seller if there has been a trick of him

But be sure that you use your own speaking english attorney this time

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