Clausula Suelo

We have just looked at our mortgage and have found that it states that the amount of mortgage is fixed and there is a minumum to pay.  I have questioned this fact with the bank.  They state as the mortgage is in the company name I cannot make a claim, because as a company, I should know company law and this was not missold.

However I do not know Spanish company law, or how the Spanish mortgage system works, and purchased the house and set up a limited company to purchase my house, all through the advice of a soliticor.  My husband would not be able to get a mortgage as he was over 65 at the time of purchase.  

Can you give any advice on this subject.  Is the Clausa Suelo claim only for personal mortgages and not for all mortgages?

I think your solicitor would be the best place to start asking legal questions.

Maria de Castro is our resident Spanish lawyer. She published a blog article yesterday about these clauses here. I suggest you contact her directly to ask about your personal circumstances.

Good luck.

A good post Roberto and defiantly the right way to approach Maria.

EOS members are not qualified to give legal advice. Some members do think they know all about everything, but to rely on anything they post is very risky. Maria who is a qualified lawyer does give public advice occasionally, but unfortunately as mentioned by other members her goodwill is being abused by selfish bored members with compulsive posting disorder and no consideration she has to earn a living and needs private time with her family.  

If my memory serves Wincham International are experts in buying Spanish property through a U.K. company, perhaps their web site could help.

Wincham are experts at periodically cropping up on forums such as this, advising naive Brits to buy Spanish property through a UK company, for whatever reason....other than that, I wouldn't personally recommend or suggest anybody has anything to do with them. 

What is your evidence for making such remarks, are you an expert in these matters?

potblack

EOS members are not qualified to give legal advice. Some members do think they know all about everything, but to rely on anything they post is very risky.

Well said and very very true 

Destry: "What is your evidence for making such remarks, are you an expert in these matters?" (Quoted in full to avoid any complaints)

What "evidence" do you require? I said "I wouldn't personally recommend...them". That's my opinion. That's all the evidence I can give you. I said it. It's my opinion. If you have a different opinion, I believe you and don't need any evidence that it's yours.

As for "periodically cropping up on forums such as this, advising naive Brits to buy Spanish property through a UK company", are you suggesting this is not true? If so, all the evidence you need to back up this remark is available at your fingertips. Start by typing "Google" into your browser - or even just use the search facility on this forum (or many others like it). 

You said "Wincham International are experts in buying Spanish property through a U.K. company" What evidence do you have to support this "remark"? All the evidence you will find if you follow my advice above will tell you they may be "experts" at setting up UK companies - but that's about it. Going back to the OP, I very much doubt (just my opinion, please note) that this company would be able to answer any questions about Spanish mortgages (and any potentially abusive clauses contained in them) with any level of "expertise", and I stick to my advice to contact a Spanish lawyer instead

No need to get so agitated Roberto, the only time I've seen them mentioned on this forum is via my post and your resultant comments. I'm no expert in such matters, you more or less admit that neither are you, however you appear to be very certain of Wincham's lack of expertise in this field, this infers that you don't trust them, but have no idea why.

Potblack.

There is a distinct difference between seeking advice and legal clarification of complex legal matters, by comparison to making uninformed statements.

Are you suggesting that those who request clarification that Maria has offered to provide on EOS  are in some way  selfish, bored, compulsive? Do you not understand the genuine nature of requests, to act as reassurance, to assist and comprehend the wider perspective so as to dispel concerns alongside recognising uncomfortable realities that require further analysis etc?

There are thousands of innocent claimants who gain from clarification of complex legal matters and are assisted by the wonderful clarification that Maria and Keith have provided, but to suppress ongoing queries of that nature is to suppress knowledge and reassurance for many.

When clarification has been sought, there is no restrictive timeframe put upon a response, no immediate pressure, no intention to abuse or lack consideration. No prejudgements or statements of facts, just genuine questions in an attempt to gain clarification and wherever possible reassurances.

I would ask how Maria  and Keith feel about this rather than make divisive generalisations.

But I have to also observe there are thousands who have lost life savings or have been exposed to all manner of Banking/ developer/ lawyer abuse etc who are under continual stress to comprehend how to go about regaining their monies, or gain accountability, what the implications are when making claims against the Banks, developers, lawyers etc, how realistic are the timeframes to regaining monies, what inconsistencies exist in the differing regions that can impact and influence their decision to proceed with litigation or arbitration etc. How Banks are responding and changing their tactics to avoid timely accountability, etc

In a perfect world, you wouldn't have to worry about such aspects, but in Spain there are so many complexities to consider, so many differing pitfalls if you fail to get good and trustworthy advice, that the educative process becomes even more essential....Which is where EOS and Maria's and Keith's responses have proved invaluable.

So my plea is for tolerance and understanding when drawing conclusions in this regard, and part of that is not to prejudge that there are selfish, bored, compulsive, motoves that lie behind such genuine requests for ongoing clarification of legal issues.

Depends what field you are referring to. If you are referring to setting up UK companies, then I confess I am certainly no expert. But the OP on this thread is asking about abusive clauses in Spanish mortgages, and I simply don't see how recommending they look at the website of a company that is not an expert in Spanish law, taxes, finance or property is helpful at all. And if you want evidence to support that remark, then I suggest again, Google!

Roberto

Google their web site and note the qualifications of their staff in both U.K. and Spanish law and accountancy.

ads I think you are naive. Maria kindly posts general legal advice for the benefit of all EOS members. She does so in order to promote her own legal practice. When a member has a specific need for legal advice, that advice cannot always be dealt with as a ‘’freebie’’ on EOS as it appears you and some other members seem to expect. They need to contact Maria direct where their case can be discussed and dealt with on a commercial basis. In the last 24 hours I have read 4 posts asking Maria’s advice for free and one of those post was from a member seeking advice (for entertainment) on a subject that they were not even involved in. I call that abuse.

This post is my opinion and aimed at the benefit of all EOS members. We do not want to loose Maria’s input on this forum. I am not prepared to get into an off thread argument with you. You have your opinion, I have mine. Let other members comment if they wish.

I understand your perspective Potblack, but here's where we differ.

I see Maria's posts as not only geared towards gaining clients but also as an educator and reformist for the longer term benefit of her country which she is obviously very proud of.

If that's naive on my part then yes I plead guilty, but I really admire her courage to take on board some uncomfortable realities and in that process her natural ability to educate and strive for change through the Spanish justice system.

And all of that inspires some of us who relate to those same aspirations to occasionally bring queries to her attention and request legal clarification even if it doesn't relate to your own specific legal circumstance ( especially where Bank abuse is concerned! ;) 

.Best I leave it there, but I do understand what you are saying Potblack.

This message was last edited by ads on 28/01/2017.

This message was last edited by ads on 28/01/2017.

I agree Ads, I find Maria's comments and posts very useful.  Of course she is expecting that her work will encourage more business for her, nothing at all wrong with that.  

It seems to me that a few folk on EOS, including eg Destry and Potblack only visit to make unfriendly and controversial comment.  I contribute less these days for this reason.  But I usually read yours, Roberto's, Johnzx, Team GB and a few more.  But it's a pity that the number of the "good guys" is diminishing - Tamara's blog on EOS is worth a read but she rarely posts on here, some of the other better quality contributors have also disappeared.

Also why do some people so regularly come up with the criticism..."EOS members are not qualified to give legal advice. Some members do think they know all about everything, but to rely on anything they post is very risky"...?  How do these critics know the person isn't qualified?  Is it jealousy?  Have they got nothing better to say themselves?

It's also a bit patronising.  Any OP who poses a question on any board like this surely knows that they are likely to receive a mixed bag of replies.  It doesn't take much to sort the wheat from the chaff.  And being "qualified" doesn't necessarily mean you are right anyway!  This board should be about freely giving advice and helping people and this negativity does not help.

I do wish that folk would ponder the value of their comments a bit more.

acer

good points

as you asked

How do these critics know the person isn't qualified?  

This is not difficult when the so called experts contradict themsleves, tell long tall stories, use many aka's, ask quesions they think they are expesrt in and answer under another name themselves. clearly posting misinformation and inaccurate info, black and white opinions, get argumentative when challenged, never wrong attitude, have to justify themselves a bit like Uncle Albert "During the war" etc. 

** EDITED **

Destry - I have never used any such language to you or anyone else, that is complete fabrication.  I have nothing more to say to you.

Tadd1966, that's a fair point, but we are all learning and cannot continue to do so unless we talk amongst ourselves and do a bit of research on the side.  I just dislike this matra that ..."you cannot say anything as you're not qualified" - mainly because that's not always the case.

There are many examples.  My work these days revolves around property.  Good property lawyers are extremely expensive, so I participate on a forum where everyone, like me, is unqualified, but the level of expertise is superb.  

This didn't happen overnight, you learn from experience and you gain this by doing it yourself rather than hiring professionals all the time.  I like your Uncle Albert analogy, but hopefully the OP is selective in which advice he/she takes seriously.

** EDITED - Against forum rules **