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14 Oct 2008 12:00 AM by julie anne Star rating. 1103 posts Send private message

Hi Maria I wondered what you thought about this.The developer who I was purchasing with now in Administration has agreed to reverse the contracts of those with BGs if the purchasers claim only the capitol  amount and not the interest if clients do not agree to forgo the interest they will not reverse the contracts .I have got to be honest and say that I would be delighted to get anything at all at this stage and think most will feel the same.However it does feel a little like blackmail as I am presuming we will have to forgo legal costs as well so will be quite a bit out of pocket after waiting nearly 4 years with nothing .I am also a bit worried about this as the Bank coulld still refuse to pay out and we could still have the expense of taking the bank to court but will already have given up the right to anything more than the capitol /deposit.What do you think Maria is this all legal and usual practise . I have always admired the sound advice you give on the forum  and look forward to your comments on this situation.Thank you .


This message was last edited by julie anne on 10/14/2008.



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14 Oct 2008 5:52 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar
I have sent a PM to you.
Best,
Maria

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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21 Jan 2009 10:48 AM by Chels Star rating. 2 posts Send private message

Hi Maria,

 

I'm new to the forum in that I have not engaged in discussions but I regularly review threads on the forum to keep abreast of issues raised by members.

I am in the unfortunate position of making an application to my Spanish bank to repossess my apartment at Marina d'Or in Oropesa.  I was wondering if you could recommend a competent English speaking Spanish lawyer who would advise and act for me in this regard.  At some stage in the near future I will need to travel to the Notory Office in Castellon to sign over the deeds to the bank.  I understand that proceedings will be conducted through Spanish.  Consequently a lawyer based in or around Castellon would be ideal.

 

I look forward to hearing from you soon.

 

Regards,

 

Paul





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21 Jan 2009 12:38 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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Dación en pago ( dation in payment) is not something that you  will luckily and graciously obtain by the "wonderful mercy of the Bank"  BUT A RIGHT, out of provisions 1175 et seq of our Civil Code:

Article 1175.

The debtor is entitled to transfer their assets to creditors in payment of its debts. This dation, unless otherwise agreed,  will only  release him from liability for the  liquid amount of  the value of  transfered assets. Any agreement on the effect of these dations  concluded between the debtor and its creditors will be done according to provisions of Title XVII of this book,  and according to what is stated in the Code of Civil Procedure.

The offer of payment and the assignemt for collection

Article 1176.

If the creditor to whom the offer was made  refuses to admit it with no reason given, the debtor will be free of responsibility by the assignment of the good.

(...)

Article 1177.

For the assignment of the good to be effective, the debtor must  firstly announce it to those people interested in the obligation.

The assignment will be uneffective if it does not strictly conform  to the rules governing the payment.

Article 1178.

The appropriation will be made by depositing the goods before the judicial authority, to whom the offer will be credited in some cases, and /or the announcement of the assignment in others.  Once the assignment is made, it will have to be announced to interested parties.
 
Article 1179.

The costs of the assignment ,  where appropriate, will be paid by  the creditor.

Article 1180.

 Once the assignment has been duly made, the debtor may request the court  to cancel the obligation.

While the creditor has not accepted the assignemt or the approval of the Judge has not been made,the debtor may withdraw the assigned good or amount,  leaving the  obliagtion remaining.

Article 1181.

Once the assignment is made and the creditor allows  the debtor to withdraw the good or amount,  the debtor will lose any preference on the good. The co-debtors and guarantoors will also be  free of debt.


_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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21 Jan 2009 1:35 PM by Chels Star rating. 2 posts Send private message

Maria,

Many thanks for your response it's very helpful indeed.

 

Regards,

 

Paul





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