Three years ago I was subjected to a serious fraud in Spain. I have a holiday home in La Nucia which is mortgaged by the Cam Bank but payments were supplimented by summer rentals.
It originally started in 2005. Without going into too much detail, serious cracks appared in our pool terrace. My husband and I even appeared on the TV series "House Trapped in the Sun". We hired a Spanish lawyer to take the builder to court which cost us loans and credit card debt but we lost the case.
Then in October 2007 the well known gota fria hit the area causing damage to houses and roads. The result was that the lower terrace finally collapsed sending the pool, grounds etc., down the side of the cliff. At this time, my husband was ill with heart failure so I had to fly to Spain alone to speak to the bank as we could not maintain the mortgage on a house we could not rent out and we also had to repay clients for cancelled holidays.
The then Bank Manager, Antonio, told me we had to continue paying the mortgage but because we lived in England and my husband was ill, he recommended someone to take over the responsibilties. He suggested we give Gaspar Borra, the director of a local Multi Services Company "Full Power of Attorney" so he could sign for the loan on my behalf, obtain permissions from the town hall, instruct the builders and although the mortgage would double in size, he could claim some of it from the Consorcio insurance to, in part, repay the bank.
The building work started 3 months later in February 2008 but the builders stopped work in the July after all the loan had been withdrawn from the bank. I was trying to find out via Gaspa's English speaking secretary about the delay at the same time as my husband's health was detiorating and I was nursing him and continuing to work to pay the hugely increased mortgage.
I eventually returned to speak to an English lawyer in Alfaz. She told me there was no point in going to the police because it was considered a civil matter to be dealt with in court. I could not afford to do this so she did have a meeting with Gaspar who promised to repay but then he stoped contact and she could't trace him.
He spoke no English so I emailed his secreatary via email. She told me she no longer worked for him but told me what he had told her. He knew he had done wrong but he had been conned by the bank director and his brother (I still have these emails). The lawyer stopped trying to contact him after receiving fees from me and time passed.
By March 2009 I decided to leave my husband being cared for by family whilst I made a four day trip to Spain to find out what was happening. The day after I arrived I received the heartbreaking phone call, my husband had died !!
I continued to pay the mortgage and utility bills on credit until I went back to Spain, a couple of months later but discovered that the The Multi Services company had closed down. Therfore I went to talk to Antonio at the bank in Benissa
It was no surprise to the lady clerk who told me that Antonio, because of mis deeds, had been demoted to the simple role of clerk at a different branch. She went on to tell me that he was a friend of Gaspar and the builder was in fact Antonio's brother ! She said the bank knew of Gaspar Borra and she even gave me the address of his wife's photo shop in Calpe. I went straight there but it was closed for siesta and I was too distressed to go back.
Finally, I managed to speak to an English speaking member of the Consorcio to discove that in December 2008, prior to his death, Gaspar had claimed the 83,000 Euro's in my husbands name.
I later discovered from the new lady bank director that Antonio had since been dismissed but they take no responsibility for his actions because it was my fault for giving Gaspar full power of attorney. I told her that she and every member of staff know the truth but she explained that there is no paper trail to support Antonio's actions. Therfore, I have no alternative but to continue to pay the now extortionate mortgage.
Eventually she offered to take the house back, leaving me debt free but I would have to pay to have my husbands name removed from the deeds but I refused having suffered enough.
Eventually they offered to pay. It broke my heart but I had no choice but by the time I returned to sign papers they told me that the time limit since the valuation had expired so the deal was off.
I have paid a mortgage for 10 years, which doubled after the additional loan and now I will be in debt to the bank for the rest of my life as the interest will rise with each missed payment.
I cannot afford to pay for another solicicitor. Incidently, the British lawyer who took my case and wasted approx 15 months, I later discovered is not a registered lawyer at all.
I was signed off work for 7 months with severe stress and delayed grief. However, even now I am back at work I am having councilling.
If anyone can offer any advice it would be extremely appreciated.