12 May 2014 7:49 PM:

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

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