Help needed re European Enforcement Order

I know personally someone who has been through this process of attempting to defend an EEO in the UK courts, being persued by a Spanish bank for non payment of a Spanish mortgage.

The legal advice obtained from UK barristers was that they had NO defence as an authentic instrument had been used.

Two UK Judges heard the case and had no option but to make the charge absolute.

Both Judges stated that the Spanish procedure had been properly followed and that they had NO juristiction to strike it out.

The judges had sympathy with the clients but were unable to use their discretion to halt the process.

Persons who were consulted were, Viviane Reding, the European Commissioner for Justice, the Spanish Minister for Justice in Salamanca, the UK Ministry for Justice, Mr William Haige, Foreign Secretary and MEP Ashley Fox.

All of whom COULD NOT offer any defence to this process.

I implore anyone who has any concerns in this area to seek advise from a UK lawyer who specialises in client protection PRIOR to issue of an EEO.  This includes anyone who has a debt or potential debt within Spain. 

EEO's can only be issued if the legal process in "Uncontested" in the Spanish court.

If the the process is "contested" an EEO can not be made.

I feel sure you are talking about EEO's been made absolute ... not trying to prevent an EEO in the first place.

Also

I just thought maybe i should change the title of the thread to .... help needed to try and prevent EEO 

sorry if this has been misleading

Our property has not been in court in Spain yet for repo .... but I know what's coming ...

Bangor,

NO,,,,,,,  the Spanish bank does NOT have to go anywhere near a Spanish court to obtain an EEO, if they use an AUTHENTIC INSTRUMENT,,,,,  You or your lawyer signed the authentic instrument upon taking out the mortgage i.e the MORTGAGE CONTRACT.

If 3 mortgage quotas are missed and a notorised lawyer agrees that there is a debt outstanding that will surfice!!!

This has been confirmed by the highest possible authorities.

Please look to protect your UK assets first.

Hope this helps.

well thats it then ....

we are done for

bangor1976,

You've have some very good advice from a Spanish Lawyer with an excellent reputation, who knows the law here in Span and Europe and has provided some evidence to substantiate the correct legal procedure of EEO's.

You've also had some advice from others on here that have some good knowledge of the Spanish Legal system, quoting the same correct legal procedure regarding EEO's.

You've also had some advice from others that do not understand the Spanish Legal system, and seem to be advising on hearsay and conjecture, without providing evidence to substantiate their interpretation of the Spanish Legal system and EEO's.

Some banks have instigated an EEO when a Spanish Court legally grants repossession of the property, if the bank feel that the property will not sell at auction, or will only sell for a small fraction of the outstanding mortgage.

As Maria said, you have the right to contest the repossession order and an EEO up to this point.

May I advise that you contact a reputable lawyer in Spain and the UK.... now!

thanks tech

i am on the case re the Spanish and English legal advice...  what will be will be in the end.

Steve

Bangor, it's not over til it's over. Worst case scenario is that they attach and force the sale of your parent's house.

"The outstanding mortgage is 265000........... Now the property is worth around 250 to 270"

If that assessment is correct, then if the property is sold, even for the lowball 250k, the shortfall is a relatively trivial 15k....and if your parents went to a bank to explain the situation they could probably raise enough to fend the Spanish bank off. I would think you would have the sympathy of a UK court - they wouldn't hurriedly force the sale of your parent's house over a 15k judgement. And you would presumably help them raise the money.

If your assessments are completely wrong, and your parent's home equity is very important, then they need to sell it asap and scarper...and stay one or more steps ahead of the UK bailiff. They could come to Spain and buy a nice gaff for peanuts, ideally in the name of a sibling, etc......not in their own name. Keep the residue, if any,  in Krugerrands. They could even buy your house for enough to cancel your debt though God only knows what's worse, going bust in UK or buying a property in Spain in the present climate.

hi guyt

with respect. its the the home here that matters to us not the money or equity.

if we have debts anywhere we will pay them if we can.  this house in the UK will be sold over my and my parents dead bodies.

Also my mums business is part of this property, its very messy.

Can i ask all further help and advice, which is appreciated would focus on preventing EEO's

thanks