24 Mar 2018 6:04 PM:

Thanks to every one for your advice and comments its much appreciated 

 I have emailed my friend and they are going to the local Ayuntamento to see what they can find out , but my friend seems to think that the debt in question ( 800 Euro ) was due to me not paying some past Tax / government payment. The thing I can't understand is why after all this time ( 20 years ) has an embargo demand requesting that the outstanding amount be paid within 10 days , just arrived when there's been no previous letters arriving at the property address requesting some sort of payment .

My friend assures me he has been paying all requested government payments . He is a permanent resident in Spain .

The Escritura transferring the property is registered in the Property Registry department .

 
I will post back the information that my friend finds out .

 Sunny  

Thread: Just received an embargo on a house – looking for advice please

--------------------------------------

24 Mar 2018 2:54 AM:

20 years ago I owned a freehold property in Spain and sold it to a friend , I had a escritura  drawn up by an abogado  , The legal agreement was that the friend would make monthly repayments over a 25 year period  and the property would then become their property . For the last 20 years there have been no problems with that agreement and all payments have been prompt and paid. 

Over the past 20 years there have been no other demands or letters from the Ayuntamiento.

As I understand it when I sold the property the abogado had to check that the property was free from any outstanding debts , before it could be sold by law . Once the property had been cleared as debt free by the abogado , the sale then was allowed to proceed . So in my mind there were no outstanding debts associated to the property when it was sold. 

At the property address in Spain a letter has just arrived  which seems to say that the Ayuntamiento have now put an embargo on the property .

This is what the letter says ...........................................................

After the deadline established in art. 62.5 of December. General Tax to effect the entry of the aforementioned debts shall be carried out in compliance with the mandate contained in the order for the seizure of the property and rights that may proceed,

Under the provisions of art.162.1 and 169 of the General Tax Law is REQUIRED for the term of TEN DAYS to provide information on the property and rights of their property that effectively and promptly guarantees the amount of the tax debt persecuted

Failure to meet this requirement in the term will proceed without further seizure of their property in Tax function

 

Spanis Version ..........................

Transcurrido el plazo establecido en el art. 62.5 de la diciembre. General Tributaria para efectuar elingreso de las citadas deudas se procedera en cumplimiento del mandato contenidoen la providencia de apremio al embargo de los bienes y derechos que procedan, 

En virtud de lo dispuesto en los art.162.1 y 169 de la ley General Tributaria se le REQUIERE para que el plazo de DIEZ DIAS aporte  informacion relativa a los bienes  y derechos de su propiedad que garantice con eficacia y prontitud el importe de la deuda tributaria perseguida 

De no atender el presente requerimiento en el plazo se procedera sin mas al embargo de sus bienes en funcio Tributaria

------------------ End 

 

 

I left Spain after the sale of my property 20 years ago to live in another country and have not returned since .

 My friend lives in the property and like my self is not to sure how to proceed and sort this out . Has any one an idea why an embargo seems to have been placed on the property if at the time of its sale it was debt free .

The amount shown on the embargo is 800 Euro .

Any advice or susgestions would be  appreciated  

 

 

This message was last edited by sunnybunny on 24/03/2018.
Thread: Just received an embargo on a house – looking for advice please

--------------------------------------