* Legal Property Experts * Can You Buy an Embargoed Property?

Post reply   Start new thread
:: New - Old :: Old - New

Pages: 1 | 2 | Next |

Forum home :: Latest threads :: Search forums
The Comments
27 Jan 2014 9:13 AM by jewseboy Star rating in La Cala. 7 posts Send private message

Any legal property experts out there??

The Situation:

I have seen a townhouse that I would like to buy but it has a local ayuntamiento notice saying that there is an embargo on it for 100,000 Euros.

contacted the town hall to get more information and they told me that if the embargo is not paid shortly the house will be claimed back by local authority and auctioned off for sale.

The townhouse has been abandoned for several years now, I see it every day I pass for work. No one has lived in it for a long time and Im wondering if there is a way to buy this property (with Embargo) before it is reclaimed by local government and auctioned off?

If it is auctioned off it would go for a lot more I guess maybe 150,000.

I asked at the ayuntamiento if I could buy the property from them before it goes to auction once they reposses it but as they dont own it "yet" they would not commit to a decision but indicated it would goto auction.

If I could contact the owners via land registry or community channels is it legal to negotiate a safe purchase before this property is taken, Im assuming they either cant afford to pay the embargo and cant sell the property with an embargo so it looks like there are no other options other than this property going to auction?

Any advice would be welcomed.

 

 





Like 0      
27 Jan 2014 9:59 AM by johnzx Star rating in Spain. 5242 posts Send private message

If I could contact the owners via land registry or community channels is it legal to negotiate a safe purchase before this property is taken, Im assuming they either cant afford to pay the embargo and cant sell the property with an embargo so it looks like there are no other options other than this property going to auction?

I don't see why if you contacted the owner and he/she agreed to sell, then providing the amount of the embargo was paid off,  the property would become available to sell.

   But make sure the owner does not owe lots of other people too.   Just because a debt is not registered with the Property Registry Office does not mean there are no debts, which a new owner would become liable for. 





Like 0      
29 Jan 2014 10:56 AM by jewseboy Star rating in La Cala. 7 posts Send private message

Thanks for your reply John.

My biggest problem is contacting the owner before the house get repossessed by the town hall.

I have tried the community office but they dont have any contact details for him, any ideas on how to locate the owner? 

Im not sure how to get the nota simple to see all the debts and if all the debts would show on this document?

 





Like 0      
29 Jan 2014 11:08 AM by johnzx Star rating in Spain. 5242 posts Send private message

Im not sure how to get the nota simple to see all the debts and if all the debts would show on this document?

From the Property Register Office of the town hall.  You need a    'Nota Simple'   but you will need the address,  which if you have been in touch with the town hall you will probably know or the town hall will tell you, or maybe the community office will be able to tell you.





Like 0      
29 Jan 2014 5:45 PM by ads Star rating. 4134 posts Send private message

How can the town hall take ownership of a property if an embargo is still legally outstanding?





Like 0      
30 Jan 2014 8:49 AM by johnzx Star rating in Spain. 5242 posts Send private message

Ads, Isn't it the town hall that have embargoed the property ?





Like 0      
30 Jan 2014 10:22 AM by jewseboy Star rating in La Cala. 7 posts Send private message

The town hall have placed the embargo on the property and Im assuming community etc also have their claim which would show up on the nota simple.

The town hall has the power to take the property if the embargo is not paid to them. Then I assume they pay out to all the creditors once the property is auctioned off





Like 0      
30 Jan 2014 11:39 AM by ads Star rating. 4134 posts Send private message

I wonder on what grounds the town hall have placed an embargo on this property?





Like 0      
30 Jan 2014 11:53 AM by johnzx Star rating in Spain. 5242 posts Send private message

Ads:-   at the risk of you actually being serious !I

I wonder on what grounds the town hall have placed an embargo on this property?

The owner clearly owes money to the town hall,  e.g.  non payment of I.B.I   etc.





Like 0      
30 Jan 2014 12:27 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

You can still contact the owners and buy the property before the auction



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



Like 0      
30 Jan 2014 2:06 PM by jewseboy Star rating in La Cala. 7 posts Send private message

@ mariadecastro

The only info I have is the previous owners surname and the address of the property I want to buy.

I am trying to contact the owners but Ive hit a road block. Ive tried looking for old post in the community, asking at the urb. community but they only have a surname Mr Smith, no contact number and no email address.

Will the owners contct details be listed on any public documentation at the town hall that I can access?

Any ideas?





Like 0      
30 Jan 2014 2:14 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

Have you gone to the Land Registry?

Is not the Town Hall willing to give details to you and have their debt cashed?



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



Like 0      
30 Jan 2014 2:18 PM by johnzx Star rating in Spain. 5242 posts Send private message

I am not sure if the Nota Simple contains the address of the buyer at the time he/she bought. 

The Copia Simple would. 

If the Nota does, then maybe you can get an address, even may be in another country, which is still valid or through which you can trace the owner of the property in Spain.





Like 0      
30 Jan 2014 6:42 PM by GuyT Star rating. 511 posts Send private message

one wonders how they ran up such a large bill - €100k

 





Like 0      
31 Jan 2014 8:17 AM by johnzx Star rating in Spain. 5242 posts Send private message

It may be the bank loan (mortgage) and/or a combination of debts including the town hall.





Like 0      
31 Jan 2014 9:08 AM by jewseboy Star rating in La Cala. 7 posts Send private message

Can anyone confirm if the Nota Simple and Copia Simple can be obtained from the Town Hall or online by anyone?





Like 0      
31 Jan 2014 9:22 AM by johnzx Star rating in Spain. 5242 posts Send private message

 

 

Property Registries are departments of the 'local' town hall.

I Googled "spain nota simple online"     I got several possibilities

Might I suggest you Google it too and include the name of the municipality involved. I am sure you will find what you want.

 

 

 





Like 0      
03 Feb 2014 11:48 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

Dear Johnx:

Despite Local Councils have registry of properties for taxes reasons, the Land Registry he needs to consul with in this one:http:    //www.registradores.org/en/index.jsp

There is an access with English translation.

Kindest regards,

María

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



Like 0      
03 Feb 2014 12:57 PM by jewseboy Star rating in La Cala. 7 posts Send private message

Thanks for the info guys I will try and loacted the owner through the resources you both have highlighted. If you have any other ideas please let me know

 

Cheers.





Like 0      
03 Feb 2014 1:08 PM by ads Star rating. 4134 posts Send private message

Maria,

Does this register include offplan properties/contracts where deposited monies have been placed against the property, but for whatever reason those monies have never been returned to innocent purchasers (debt outstanding) following developer breach of contract, but the property was eventually built?

What happens in the instances for example where a property meets the above criteria, a case against the developer has been won at appeal, a preliminary enforcement was never achieved (developer asset stripped or went into administration in the lengthy interim period awaiting enforcement), and/or an embargo to seize assets has not been concluded?

Is this outstanding debt relating to offplan deposited monies recorded against the property anywhere, and if so where?





Like 0      

Pages: 1 | 2 | Next |

Post reply    Start new thread


Previous Threads

getting a nie number - 18 posts
easyjet and taking kitchen knives in hold luggage. a problem? - 7 posts
furniture for sale - 2 posts
Benefits Street - 9 posts
MONTILLA, NEAR CORDOBA. - 0 posts
Landline phones - 8 posts
Fuengirola Real Estate - Are they still trading? - 2 posts
ELS Legal - 0 posts
Cheap Bars and Restaurants for Sale - Bargains? - 11 posts
vaccinations needed - 1 posts
BLA BLA CAR - 2 posts
For those who seem, to keep getting fined - 4 posts
Overhauling the Social Security System for self-employed - 0 posts
Help Pensioner S1 Form, pay for prescriptions. - 3 posts
Groupon Espana - 0 posts
money taken from my bank. - 11 posts
2m Satellite Dish & Sky Box f/s - 0 posts
How far is the Bankia Branch in Malaga away from Malaga airport - 1 posts
La Roda for sale - 14 posts
Large US technology corporations continue to dodge the Spanish taxman - 0 posts
Fireplace and chimney - 4 posts
OH, SUCH JOY - 8 posts
FOR SALE AUTOSLEEPER MOTORHOME - 0 posts
The growing need to work together to resolve consumer property rights issues in Spain - 0 posts
RECLAIMING PRESCRIPTION COSTS - 6 posts

Number of posts in this thread: 25

DISCLAIMER:  All opinions posted on these message boards are the opinion solely of the poster and do not necessarily reflect the opinion of Eye on Spain, its servants or agents.


1 | 2 |
Our Weekly Email Digest
Name:
Email:


This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x