Don't Risk Your Financial Future
Wednesday, October 23, 2019 @ 11:38 AM
A frequently asked question we receive is whether an overseas property debt issue could affect your ability to buy property in the United Kingdom or your home country. Every case is different, the below outline potential scenarios which could affect your future.
- Many borrowers believe that their only option is to surrender their keys to the bank and walk away from their overseas property. They believe that there will be no repercussions at home.
- We know through experience that Spanish Lenders place interim charging orders on uncooperative borrowers for UK or Irish homes. This effectively reduces your equity at home!
- If you intended to sell your property asset to fund another purchase, then your funds obtained would be reduced. To have a clear title to complete the transaction your solicitor would have to release funds to the Spanish lender to remove their charge and have a clear title for the purchaser.
OR
- Should you have borrowed monies from a UK lender and issued a mortgage for a Spanish Property then your mortgage offer is under the jurisdiction of the United Kingdom.
- There are instances where the borrower has defaulted on their mortgage. Rather than going through lengthy Spanish Court Processes to achieve a judgment, the lender’s jurisdiction in the United Kingdom allowed them to apply to Credit Agencies to have a default placed on the individual’s credit file.
- A default is disastrous should you wish to raise funds to purchase through a mortgage. It is unlikely that a lender will offer a mortgage to a borrower who has a default account on their credit report.
We are seeing an increase in Debt Collection Agents and Solicitors being used to pursue debtors.
Many of these Agents are threatening Personal Bankruptcy now and it is becoming apparent aggressive collection methods are being used moving forward.
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