Sad Sad Situation

Hey,

My Husband and I bought a house in Spain near my Mum in 2007.

Escitura shows it cost €30k, the remaining €77k arrived at the Notary with the assistant bank manager in a brown envelope.

The then bank manager said they needed my Mum to sign to say she knows us; a character reference for the bank if you like, and they wanted a valuation on her farmin the event we defaulted they had something to possibly look at.

All fine, he and I sadly split up in 2009, but as part of our consent order for the divorce we agreed to continue paying the Spanish mortgage until we ether sold it, or on of us bought the other one out, or I died (I have a life insurance policy in spain for the mortgage - he was considered too old for one at 17 years my senior).

At the time of buying it he was earning £90k+ and I was on £40k; pretty sound.

At the time of us splitting he was on £90k+; I was on £14k.

He therefore agreed in the divorce consent order to pay 60% of the monthly mortgage payment if I signed to say he could realise 60% in the event it sold with any equity. l agreed as in the foreseeable future there would be no equity, and having paid more; of course he should get more.

So we've been paying nigh on £600 pcm since then with no dramas.  It's been on the market for 4 years with little or no interest.

January this year the ex writes a one liner to say he will no longer be paying as he is retiring early for health reasons.

Despite numerous attempts to get him to respond I have not heard from him since.  I understand that contrary to his email he is actually still working.

I cannot afford this mortgage by myself.

I wrote to the bank and explained this to them and asked them what they wanted me to do.

They called my Mum in and threatened to take her home in 31 days.

I struggled on to make a few more half payments (increasing my monthly contribution) but they told Mum they were putting arrears charges on the account of 20% every month now; very quickly my payments would not be worth anything at all.  I wrote to the bank again to ask them if they had contacted my ex, what did they know - nada.

I decided the consent order was an opportunity for me to try and go after him through the courts here in the UK.  I paid to see a solicitor and get some advice and lodge paperwork with the court - I could not pay the spanish bank this month so I wrote to them again to explain why and ask them again for an update on what they had done and what they proposed to do.

Today I finally got a call to say they would begin legal proceedings in 8-9 months as the court was busy and they would be going after Mums home.  

I asked her what would happen in the meantime; had they tried the ex again - she is satisfied that he is "missing" and will persue Mums house in the event that I don't all of a sudden "find" the money to pay.  She even asked me if I could find someone else to help me - I sked if she would help me; she laughed.

She said the mortgage is on Mums house - there is nothing on the Escitura to confirm this; she will send me a mortgage deed - I have never had this before.

They declined the ex and I on a dacion a couple of years ago because he earnt too much; is it worth me trying now that they are only apparently looking to me to cover the mortgage?  I am assuming they will turn me down as they would want both parties to apply - therefore would that help me then demand that they do more to find him rather than accept him as being "missing"?

The mortgage is with a local branch; there has been no contact from the "lender", no information regarding/confirming arrears charges and when.  We've re-paid in excess of €60k, the house is worth the €30k we "officially" paid for it; worth me getting that sale and telling them €90k of the €107 borrowed is all their getting?

Mums house is not registered as a legal property to live in permanently.

She owns another townhouse that is currently on the market - it is this that seems to be easing the banks conscience of evicting her from her home "ah she has another property to go to; she can go there".

I have had no response to the court action or solicitors letters that I have sent the ex over here and cannot afford to continue that as a way forward.

It seems if I make some sort of payment to the bank in Spain, they will save these up to make into a months' payment.  I have no idea what, if any charges have been put on the account.

Mum will see the notary to get copies of everything I don't have this week so we can see for certain her home is not the one with the mortgage on and is not liable as an asset - fingers crossed.

Any tips for anything else I can do please?

Thank you for reading my saga....

EB

 "and they wanted a valuation on her farmin the event we defaulted they had something to possibly look at."

Hi It sounds that you put up your Mum's farm up as an 'AVAL' - payment guarantee. Which is surprising given what you were both earning at the time, an AVAL shouldn't have been necessary. Effectively they have the right to take your mother's farm and auction it off. It doesn't matter what the house actually cost, what matters is the mortgage taken out. They will eventually take your mother's farm, auction it and what ever remains outstanding. they will still come after it. It is a horrible situation. You need to get some legal advice, and now that he is "retired" maybe reapply for a "Dación en Pago". But with an AVAL in place that will be very difficult. If your Ex doesn't careless if your Mum loses her farm or not you may have a real problem on your hands.... try an negotiate a reduced monthly sum, they should be willing to do that....

I wish you all the best

Are these ( both yours and your mum´s) first residencies? Homes? This, together with current incomes could make a difference before the Bank.

Negotiations can result, but they need to be well and actively played with the help of an specialist.

I would definitley advise you to have legal representation as Banks behave quite different depending on this.

as Maria says you have a very sad but nevertheless complex situation and the banks here will use whatever tools are at their disposal to ensure what they believe to be a satisfactory solution to their audit department and nothing more - they will also rely on first ignorance of the law and perceived weakness of the borrower to railroad a decision whether it be correct in the eyes of the law or not

YOU NEED GOOD LEGAL ADVICE

Patrick!

Good to see you here!

I cannot agree more on what you said! You know banks quite well!

thank you Maria - unfortunately I know the banks all too well!!!