Unpaid Community fees

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04 Mar 2016 12:46 PM by hugh_man Star rating in Kent/Roda . 1593 posts Send private message

hugh_man´s avatar

Absolutely true, not only SLOW but we still have situations where the banks attempt to sell on to new buyers without registering and without providing a debt certificate.

Lawyers and Notaries are complicit in this practice , when banks assure potential buyers that debts will be settled.

It still takes legal action against the bank to get blood out of a stone, eventually.

Buyers must beware, as debt remains with the property.

I gather certain regions in Spain are trying to enforce property sales must include an EPC, how about enforcing banks settling Community debt.

Why are banks so arrogant and untouchable globally?





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04 Mar 2016 2:07 PM by ads Star rating. 4134 posts Send private message

Also its essential to make Banks consistently accountable and adhere to EXISTING law with recognition of all INALIENABLE rights, without having to deal with repetitious appeal after appeal and inconsistent awarding of costs, that does little to disincentivise the Banks from their ongoing manipulative ploys, Hughman.

Legal action against Banks has grown exponentially in Spain and begs the question why are the Spanish Authorities not reviewing the wider implications and impact on timely administration of justice as defined in the rule of law.

Its time the Spanish authorities stamped their moral authority on the Banks in Spain.





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04 Mar 2016 3:56 PM by hugh_man Star rating in Kent/Roda . 1593 posts Send private message

hugh_man´s avatar

Good point Ads, I have not had experience of the banks claims and counter claims, yet, but have read of the many delays they cause to buyers and others in Spain.

Sadly, Spain is currently politically ungovernable, with new elections likely in June, so very little to desire to regulate banks.

Secondly whilst the EU are trying to impose harsher regulation on banks, the banks themselves are opposing it and also I fear, our Mr Osborne is definitely not in favour of stronger regulation as our banking industry is apparently so important.

Just take a look at RBS figures to see how well they are doing for Mr UK Tax Payer.

Though I am a Brexit fan, I really do think the EU or even thecWorld needs to ensure banks are serving their customers NOT their shareholders and at the very least, as you rightly say are following laws that currently exist.

 

Again, I would refer anyone to read or see the film "The Big Short" to understand how corrupt the banks were early 2000s and how insignificant regulation was.

It is an eye opener that no one has learnt from. Morals are definitely a thing of the past.

Profit is good but greed is inexplicable.





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01 Apr 2016 6:09 PM by hugh_man Star rating in Kent/Roda . 1593 posts Send private message

hugh_man´s avatar

Just by way of an update on bank repossessions and Community Fees.

Latest news from our Administrator in long running saga. It still amazes me that court can gives ownership to bank in May 2015 yet locks are not changed or paperwork issued until 10 months later.

Yes the Community will eventually receive the backdated fees but always an effort when banks are involved.

.............................................

This is just to confirm Property (208/174) is owned by BUILDINGCENTER . After checking the documents required to proceed  , may I confirm all arrears must be paid by this firm , as Court gave ownership on 7th May 2015, so they are liable for the arrears coming from 2012 and the existing debt is from 2013 on.

 

As usual , and although this process with Buildingcenter is much slower than desired , money will be finally recovered, so it’s good news.

 





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20 May 2016 12:53 AM by hugh_man Star rating in Kent/Roda . 1593 posts Send private message

hugh_man´s avatar

A further example of the lengths some banks will go to to avoid paying Community Fees.

Will this country ever wise up to protecting consumers rather than banks and lawyers.

......................

 

Once again , and after asking for documents, we have finally checked in a recent Land Registry Certification that Buildingcenter is officially the owner of property 49-3-A from… 17/10/2014 !!! , However , and also once again, it was not registered and shown in this document so far,  and Buildingcenter never admitted they were the official owner as , according to their comments, it was not officially repossessed as per a Court Decision, so we had to wait in order to collect the pending amounts. 

 

As a result , change of ownership has now been registered. Just for information , this property was formerly owned by Mr. xxxx  and fees were paid up to the end of 2012 in P12.

 

Current debt must therefore be fully paid by Buildingcenter , as they are liable from 2011 on.

 

All documents required have been just also sent to this well-known ‘new’ owner claiming for these arrears.

 

It is really a nightmare to deal with this kind of banking (or subsidiary) firms which are used to hiding information in order not to pay before they sell the property to a third party.

 





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20 May 2016 11:24 AM by Pasha01 Star rating. 40 posts Send private message

Good to hear you are finally getting some where with this debtor. Sometimes in fairness it's not always all the banks debt. If for instance they take back a house that has a debt on it, they are actually paying for the previous owner who didn't pay. This can be because the previous owner are intent on not paying or because they are in difficult financial trouble and have no money. In some cases, the previous owners are having to settle Community fees and outstanding utilities before the final hand back can take place. We have one on our community where this is happening. If they can't or won't settle the debt this can hold the repossession back for a further time. Once the bank realises the previous owner cannot pay, the repossession will go ahead. Then the Community can apply to the Bank for payment.

Recently I have had 2 further success's one that has been re-possessed and the Bank has settled on what it is legally obligated to pay. This is normally good news as once they pay the debt they pay the annual fees by bank transfer to our account as the owners do. The other is a UK owner that we pursued using Eurofees in the UK court system obtaining a European court order. It did take 8 months but the case went to court and the Judge sign it off 2 weeks ago and the owner has paid in full including the costs and fees over 2.5K €. Why these people don't just sell as they never use the property. The paperwork to apply for the EC order must be in order, listing all the debt periods and amounts and signed off by the President at every agm and the owners name must be on the Nota Simple at the Spanish Land registry.

Don't give up, it takes time and a lot of effort by the President and Administrator but why should they get away with not paying when it's their legal obligation to do so at the expense to other owners who do pay in their Communities.





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