Services
People
News and Events
Other
Blogs

Overseas Property Blog

 

Claims Management Companies warned over using their FCA status to boost unregulated work

  • Posted

Claims Management Companies (CMCs) are still producing “misleading, unclear and unfair advertising”, the Financial Conduct Authority (FCA) has said. The regulator also accused some CMC’s of using FCA authorisation to...

Have you received a warning letter from a Company called doValue in Cyprus?

  • Posted

Thousands of individuals in the UK will no doubt have received in recent days a recorded delivery WITHOUT PREJUDICE Warning Letter at their homes from a company in Cyprus called doValue. The letters relate to historical issues which have arisen between these...

Can you really be served with legal papers via WhatsApp?

  • Posted

In recent days we were contacted by a potential client asking us the seemingly rather strange question – “can you really be served with legal papers via WhatsApp?” The simplified answer, surprisingly (or maybe not in today’s ever...

Cyprus Bank Claims successfully settled - UK Charging Orders to be removed

  • Posted

In recent weeks we have been able to successfully settle a number of long-standing Cypriot mortgage issues for our clients. After many years of worry and anxiety that the Bank in Cyprus would pursue them in the UK, and the fear they may one day lose their...

Title Deeds in Cyprus - Can you purchase property in Cyprus which does not have a Title deed?

  • Posted

A property CAN be transferred through sale to another individual even if a Title deed has not yet been issued, as this phenomenon is rather common in Cyprus. When it comes to owning a property in Cyprus, it is surprisingly true, that it is not necessary to...

Banco Santander in Spain sells further nonperforming loans as part of a 1.1 Billion Euros deal

  • Posted

It has been reported that Spain’s Banco Santander has agreed to sell further housing loans which formed part of a portfolio of distressed loans. The purchaser of the loans is being reported as being the US private equity fund Cerberus and the real...

What is a Vulture Fund?

  • Posted

A “Vulture Fund” is an investment fund that will seek out and purchase securities in distressed investments, such as non-performing loans (NPL’s) from foreign banks. Typically, these NPL’s are loans or mortgages taken out on...

Spanish Bank claim successfully settled - Case Study

  • Posted

In recent weeks we have been able to successfully settle a long-standing Spanish mortgage issue for one of our clients. After almost 10 years of worry and anxiety that the Bank would pursue them in the UK and the fear, they may one day lose their property in...

Are you getting debt letters or calls from Baker Tilly Cyprus? And who are Baker Tilly?

  • Posted

Thousands of individuals in the UK will have been receiving calls or recorded delivery letters at their homes from a company in Cyprus called Baker Tilly in relation to a Swiss Franc housing loan previously taken out with Alpha Bank in Cyprus. Most of...

Over 1 million Euros saved for clients in the first week of January

  • Posted

It has been quite a start to the year as we have been successful in releasing clients from over 1 million Euros of foreign property Bank debt in multiple jurisdictions. As a leading law firm in this specialised area, our significant experience gives our...

Alpha Bank in Cyprus sell off more loans to SKY CAC Ltd as they seek to recover losses.

  • Posted

In recent days, hundreds of clients of the Alpha Bank in Cyprus will have received from their Bank a Registered letter informing them that they (the Bank) have now transferred their Loan/ credit facility to a third party. The third party who have now...

If you are served in the UK with a Writ of Summons from a Cyprus Court, what immediate action should you take?

  • Posted

It has been the case for the past decade or so that the purchasers of immovable properties in Cyprus who had taken out a Loan with a Cyprus Bank in the Swiss Franc Currency (CHF) in order to fund their property purchase, and who – for whatever reason...

Have you been notified of a "Charging Order" on your UK property in favour of a foreign Bank?

  • Posted

In the past week we have again been contacted by clients who have been informed that a Charging Order has been placed on their UK property. The applicable Order was as a result of a previous Judgement being issued against the clients in a Court in Cyprus. ...

I have received a letter from Axactor regarding a mortgage debt in Spain

  • Posted

We are seeing more and more clients being contacted in relation to an outstanding debt which exists as a result of a previous foreign property purchase. The clients are receiving legal demands directly from their foreign Bank or via a third-party debt...

Alpha Panareti litigation in Cyprus

  • Posted

We are aware that clients who had previously purchased a property in Cyprus through the Cypriot developer Alpha Panareti are now receiving notice that they (the clients) will be served imminently with a legal Action from Alpha Panareti against them from the...

Carrying out a search at the Land Registry in Cyprus

  • Posted

Whether you are looking to purchase a property in Cyprus or simply would like to have information as to the legal status of a property in Cyprus or a parcel of land in Cyprus, we are able to assist clients looking to carry out a search at the Department of...

Are the residency rules changing in Cyprus for Ex Pat retirees?

  • Posted

For UK pensioners who are potentially looking to the island of Cyprus as a destination for their retirement, a degree of caution may now be required. Presently the conditions for UK retirees seeking to relocate to Cyprus mean they have to acquire a property...

Have you received a letter from a third party debt collection agency or "Vulture Fund" regarding your mortgage in Spain?

  • Posted

It is estimated that thousands of purchasers of property in Spain from 2006 onwards are now struggling ever more to service their mortgage debt. The majority of these purchasers may also have taken the unilateral decision to “hand back” their...

SPA's declared null and void for not being registered as per the relevant Law in Dubai

  • Posted

Another landmark ruling by the Dubai Courts nullifying the Sale and Purchase Agreement (SPA) of 30 units, which are not registered with the Dubai Lands Department (DLD) in terms of the Law no. 13 of 2008 i.e., Regulating Initial Property Registration in the...

A Floating Villa Is A Real Estate Property NOT A 'Ship' - Dubai Courts Decision

  • Posted

‍A landmark ruling by Dubai Courts has gone in favour of a Claimant deciding that “floating villas” are indeed real estate properties and not ships in terms of the UAE Maritime Code. The renowned developer's default in completing/handing...

Alpha Bank inform their customers they intend to sell their housing loan in Cyprus to a third-party debt facility

  • Posted

It is estimated that thousands of purchasers of immovable property in Cyprus from 2006 onwards may have been adversely affected by being advised by their Cypriot Bank - in order to fund their purchase in Cyprus - to take a Housing Loan in the Swiss Franc...

Judicare partners with Player 4 Player

  • Posted

We are delighted to announce our strategic partnership with Player4Player, a dynamic and unique football management group. An extraordinary group of individuals make up the team who have a combined football pedigree of over 2,500 league games, 226...

Europe - Portugal & The Golden Visa Program

  • Posted

Is my dream of living in Europe still alive? Yes, but it’s clearly not going to be as easy as things were, that’s for sure. There’s been lots of people firing questions about their long-term life plans so I thought it would be helpful to...

Do you need Military Permission to buy a property in Spain - your top 10 questions answered

  • Posted

One of the unintended consequences of Brexit is the fact that a little-known Spanish law is now being enforced with British people buying property in Spain. The law, which was introduced by Franco in March 1975 and a corresponding Decree of February 1978,...

A life after Brexit - plenty of hope

  • Posted

We recently began airing a new series of A Place In The Sun and the response to the new episodes has been phenomenal. Of course, with the new lockdown and cold weather outside, the idea of an hour of ‘feel good’ escapism in front of the TV is...

Judicare Law joins FEIFA

  • Posted

Judicare Law joins FEIFA - THE FEDERATION OF EUROPEAN INDEPENDENT FINANCIAL ADVISERS We are proud to have been accepted as an Associate Member to FEIFA. FEIFA is a trade association that represents English-speaking Financial Advisers operating throughout...

Do I need a Solicitor to help me sell my overseas property?

  • Posted

As specialists in international property transactions, we are often contacted by people asking if we are able to draft a Power of Attorney for the sale of their overseas property. This property can be located for example in Spain, Italy, Cyprus, Portugal, or...

Are you having problems with your Investment in Cape Verde?

  • Posted

Are you having problems with your Investment in Cape Verde? As specialists in tackling the problems which can arise with a property investment in Cape Verde, we are frequently contacted by frustrated investors who are concerned about or experiencing...

Buying a ski property in The French Alps

  • Posted

If you’re into your skiing then the French Alpine resort of Morzine probably needs little introduction. With access to The Port du Soleil, ranked as one of the two largest ski areas in the world, skiers and snowboarders can enjoy hundreds of miles of...

Communal swimming pool when buying property abroad

  • Posted

When it comes to buying a holiday home in a sunny destination, access to a swimming pool ranks high on most people’s wish list and if the property is a fair distance from the beach it becomes almost a necessity. But what are the things to...

When buying on the Costa Del Sol in Spain, why choose Nerja?

  • Posted

Whilst in the area I caught up with Johan Eckerrvik a local estate agent in Nerja about the current market. Nerja like many towns along this beautiful stretch of coastline started out as a small fishing and agricultural village. Boasting some of the...

Could Inheritance Tax affect where you live in Spain?

  • Posted

Some people choose to live in one country or another purely for tax purposes and allow the tax savings of being located in that country have an influence on where they settle down. They will compare their tax situation back home compared to the other...

Brexit arrangements with Spain get a bit closer

  • Posted

Spain and the UK look closer to agreeing the terms of their arrangements for residents in the two countries with the announcement that the UK and Spain have agreed a reciprocal deal on voting rights between the two countries. An announcement in the State...

Why "No Win, No Fee" can be "No Win, Still Pay"

  • Posted

It may surprise people that even if you have a “No Win No Fee” agreement with your lawyer for litigation you may have to pay legal fees and costs should you lose the case. Although on the face of it this seems to be wrong it is worth exploring...

2019 set to be a year of debt recovery in relation to Spanish Mortgages

  • Posted

2019 is set to be a difficult year for Spanish property owners who are not up to date with their Spanish mortages. The banks there have started to offload their non performing loans to debt collectors who will invariably start to chase up these loans. We...

The New Auction Law - Cyprus Property Owners

  • Posted

IMPORTANT UPDATE FOR CYPRUS PROPERTY OWNERS Auction Law or CHF MORTGAGED PROPERTIES Amendment Act 87 (I) / 2018 - The Transfer and Mortgage of Immovable Properties Law of 1965 (9/1965) The procedure for the sale of a mortgaged property is governed by Part...

Tax on Mortgages in Spain - Update

  • Posted

The situation with the tax that needs to be paid for new mortgage registrations has been clarified with the President of the Government, Pedro Sanchez, announcing measures to make banks, not borrowers pay the tax associated with a mortgage. Clarity The...

Confusion in Spain over mortgage taxes

  • Posted

A recent Court case in Spain has both clarified and caused confusion over who should pay the taxes associated with taking out a mortgage to buy a property. The Judgement issued by the Supreme Court ruled that it was the Banks - and not the borrowers - who...

Spanish Court collapse

  • Posted

Can the Spanish avoid an absolute collapse of their Court System? As the Court System in Spain groans under the weight of the number of cases there have now been calls to increase the number of Courts to try and tackle the huge delays that have been...

What sort of offer will secure my overseas property?

  • Posted

What sort of offer will secure my overseas property? So there we are, I’ve shown my buyers a property they love and they ask me ‘that’ question - “What sort of offer should I go in at”? There is no formula but there is a...

Insurance and Specific Risk policies on foreign properties

  • Posted

Unless you have bought property in the USA you may not have heard of Title Insurance. Title insurance is, in effect, an indemnity insurance policy which protects against financial loss as a result of defects in the title to the property. It is not a...

Getting things right in Cyprus

  • Posted

Much of our work over in Cyprus involves helping clients who bought property with Swiss Franc mortgages so it’s good to remember what inspired them to buy there in the first place and why it still represents a great location today. 20,000 of us Brits...

Courts in Spain get tough on Foreign Currency Mortgages

  • Posted

Recent Court decisions in Spain have highlighted the fact that foreign currency mortgage problems are not limited to jurisdictions such as Cyprus where largescale problems have been incurred by borrowers in the Swiss Franc denomination and are currently...

Timeshare Cancellation Companies Warning

  • Posted

The Timeshare world is a murky one. One thing can look like another and some companies spend quite a bit of time and effort hiding their true identity or objectives. This is true not only for the timeshare resorts and sales companies but also the huge...

Niche Law Firm of the Year 2017

  • Posted

We were delighted to recently receive the award for Niche Law firm of the year 2017 at the gala dinner of the annual Symphony Legal conference in Stratford-Upon-Avon. Symphony Legal are one of the UK's leading legal membership and consultancy networks. ...

Force Majeure clauses in property contracts - what are they and when can they be invoked

  • Posted

If you have bought a property abroad in the last 10 to 15 years in countries such as Cape Verde, Turkey or the UAE then the likelihood is that the property was still being built when you committed to buy. This is commonly known as buying a property...

Communal areas and Community of Owners for properties in Italy

  • Posted

If you are buying a property abroad which is in a complex then the likelihood is that there will be some form of Community of Owners. You will own your property and also a share of the communal areas – after all somebody has to own them. This is...

How to choose a lawyer when buying property abroad

  • Posted

When you buy a property in the UK you will probably know which lawyer you are going to use to help you buy. They could be somebody that you have used before. They could be your nearest local solicitor. They could be somebody that is recommended to you by a...

Forced Heirs

  • Posted

One of the most common misconceptions when people buy property abroad is that they will be forced to leave their assets in that country to certain people and will have to follow the law of that country. It might be helpful to understand a bit of background...

Company ownership of foreign property

  • Posted

We are often asked about the various options and structures of owning a property abroad through a company. The theory is that if you put a property abroad into the name of, for example, a British company, then should you sell the property or should you die...

The effects of Brexit on property owners and buyers in Europe

  • Posted

After the result of the Brexit Referendum we are frequently asked about the effect of this by both current and potential property owners within Europe.  The reality is that until Article 50 is invoked there is no change and all the rights that owners...

I already have a foreign lawyer but.....

  • Posted

When we deal with a prospective client we are generally happy to have an initial no cost chat with them about their situation. We often spend some time going through their case, review documents and then give some provisional advice without charge. Indeed,...

Cyprus Banks Continue To Issue Proceedings Against UK Buyers

  • Posted

In recent weeks we have again seen an increase in the activities of the Cyprus Banks against UK buyers of Cyprus properties, as they continue to serve Writs of Summons on clients at their UK residences for defaulting on their obligations against Loan...

Bankers Drafts - why are they used to buy property abroad?

  • Posted

In many countries the final payment for the purchase of a property will be done via a Bankers Draft. Having typically paid a reservation fee or initial deposit to secure the property and having hopefully instructed an independent lawyer to conduct all of the...

Fake lawyers abroad and cold calling

  • Posted

It may come as somewhat of a surprise (or not) to learn that there are individuals operating on-line who are pretending to be solicitors and lawyers – both in the UK and abroad - in order trick and scam innocent victims out of money. The scammers often...

European Enforcement Orders

  • Posted

The introduction of European Enforcement Orders in 2005 was designed to speed up the enforcement of certain judgements and to keep costs down. Effectively they made a judgement obtained in any member state within Europe instantly enforceable in another...

Due diligence by Estate Agents on overseas developments

  • Posted

Estate agents sell properties. They are not as a rule there to carry out extensive  due diligence . They should therefore also not be expected to carry out searches on resale properties that they have on their books. In theory they shouldn’t...

Brexit - will that stop a foreign Bank pursuing me in the UK

  • Posted

This is a question that is becoming ever more relevant as thousands of individuals who have previously bought foreign property now find themselves unable – or unwilling – to meet the seemingly ever increasing costs associated with their overseas...

Mortgages on foreign property

  • Posted

When buying a property overseas often a buyer will need to take out a mortgage to help them fund the purchase, just like they do when buying a property in the UK. What is different when buying a property abroad is that there can be several different options...

Due Diligence; Can it to help you sell your foreign property?

  • Posted

Over the last few years there have been a great many people who have been trying to sell their properties abroad but without success. Typical comments from Sellers are that there aren’t the numbers of buyers that there used to be, there are so many...

Renegotiating Swiss Franc Mortgages in Cyprus.

  • Posted

If you have an existing Housing Loan in Cyprus in the Swiss Franc denomination (CHF) taken out for the purchase of an immoveable property in Cyprus, you may now be looking, or being encouraged by the bank in Cyprus, to renegotiate the terms of the Loan to...

Transferring to another unit on a new overseas development

  • Posted

As specialists in the various problems which can arise with an overseas property investment, we are frequently approached by investors who are concerned about or are experiencing problems with their foreign property purchase or their foreign developer. And...

The dangers of timeshare forums

  • Posted

Timeshare can be a murky industry and very often things aren’t what they initially seem. And there is no better example of that than Timeshare Forums and internet sites. There are various forums out there where people can discuss their timeshare...

Healthcare Abroad

  • Posted

When you own a property abroad there may be times when you need access to healthcare. Within Europe (at the current time of writing prior to the UK coming out of Europe as a result of the Brexit referendum) this is quite simple. If you are on holiday and...

European Wills

  • Posted

You have bought your property abroad and are now looking forward to using it. You intend to either use it yourself as a holiday home, as a retirement home or you are going to rent it out for some sort of income. It might even be that you intend to move...

Spain publishes the requirements to make a claim for Floor Clauses in Spanish Mortgages

  • Posted

On Saturday 21 st  January the requirements to make claims under Mortgage Floor Clauses in Spain were published in the official Bulletin of the State in Spain. Floor Clauses are clauses in mortgage agreements whereby if the interbank interest rate...

Swiss Franc Mortgages in Cyprus: The Success Stories

  • Posted

“The Swiss Franc mortgage taken out to fund our investment in Cyprus some years ago has become a nightmare”. “It is an issue causing us huge distress and anxiety as it has become an imminent threat to our assets in the UK”. Does this...

Signing documents without reading them or taking legal advice

  • Posted

More often than not when buying a product or paying for a service we will be asked to enter into a contract of one sort or another or sign Terms and Conditions which then form part of a Contract. The reality is people enter into contracts quite often several...

Why Timeshare maintenance fees increase

  • Posted

Many years ago when Timeshare first appeared as a concept the attraction was quite simple – you owned/purchased a single week in an apartment (often called a “unit”) in a resort and this worked out significantly cheaper than the cost of...

Interim court order issued by District Court of Nicosia, Cyprus

  • Posted

The Nicosia District Court recently granted an interim order for the freezing of a borrower’s installments in Swiss Francs (CHF). The lawsuit was filed by a borrower and a guarantor and concerned a loan which was granted back in 2007, the installments...

How should one act when served with documents related to Cyprus Courts?

  • Posted

The above is a question that more often than not begs for an answer. It has become a frequent occasion for non-Cypriots (mainly U.K. citizens) to be served with documents issued out of the Registry of a Court in Cyprus. Should one ignore them or should he or...

Powers of Attorney

  • Posted

When a legal issue is encountered in a foreign jurisdiction, you will often hear talk of a Power of Attorney. In reality this is nothing to be afraid of. A Power of Attorney is simply a document which grants the ability to somebody else to do something on...

Litigation abroad; should you wait for others?

  • Posted

With the huge growth of social media in recent years, individuals who have legal issues abroad, whether it is problems with a failed development overseas or issues such as Swiss Franc Mortgage problems in Cyprus, are now able to gain access to specifically...

Foreign, Commonwealth and Development Office Legalisation

  • Posted

Often when dealing with a legal issue abroad it will be necessary to get a document “legalised” for a specific legal purpose. This may sound like a rather complicated legal procedure but is actually quite a simple and easily understood process. ...

Do I need a lawyer to buy a property abroad?

  • Posted

It may seem strange to ask such a question but bizarrely this is one of the most common questions we get asked.  The simple answer is no, you don’t. However, it would be very naive or even foolish look to buy a property anywhere in the world...

Can We Help

  • Posted

Judicare is very often contacted by people who have found themselves involved in Court  proceedings in Cyprus – whether as Plaintiffs or Defendants – asking whether we can find out at what  stage these Court proceedings are. If these...

Cyprus Court Proceedings

  • Posted

Through the use of TCA Law in Cyprus, we are now awaiting the final setting down of firm trial dates in relation to our clients and their claims against the banks in Cyprus as it concerns the issues of  Swiss Franc Loans  taken out for the...

Swiss Franc Mortgage problems in Cyprus & the issue of Jurisdiction

  • Posted

Swiss Franc Mortgage problems in Cyprus & the issue of Jurisdiction -------------------------------------- 1. In the last few weeks the issue of jurisdiction i.e. in which Court the purchasers of immovable property in Cyprus must pursue their rights has...

Jonnie Irwin - Judicare Ambassador

  • Posted

For more than a decade Jonnie has been one of the most recognisable and well-loved celebrities within the international property industry. A highly respected expert on all matters associated with overseas property Jonnie has been at the forefront of the...

An important decision of the Supreme Court of Cyprus

  • Posted

Τhe Supreme Court of Cyprus issued a very important judgement on the 23/12/2015 in relation to the validity of Powers of Attorney used, among others, in transactions relating to the purchase of immovable properties in Cyprus. A Power of Attorney, in...

Jonnie Irwin joins the Judicare team

  • Posted

For more than a decade Jonnie has been one of the most recognisable and well-loved celebrities within the international property industry. A highly respected expert on all matters associated with overseas property Jonnie has been at the forefront of the...

Swiss Franc Loan deadline in Cyprus Limitations Law (66(1)2012)

  • Posted

As the deadline of 31st December 2015 approaches, clients of immovable properties in Cyprus are faced again with confusion surrounding the implementation of the Limitations Law in Cyprus and with the questions of how and under what circumstances is the Law...

Cyprus Seminars Update

  • Posted

As we approach the seminars being held at Birmingham City FC (Saturday 24th October) and Arsenal FC (Sunday 25th October) there have been some notable recent changes to legislation in Cyprus. Changes to the laws surrounding how and under what conditions...

Free Cyprus Seminar

  • Posted

Birmingham City Football Club and Arsenal Football Club will again be the venues for the latest free seminars given by Judicare and their Cyprus Barristers for any concerned purchasers of immovable property in Cyprus, particularly in relation to Loans taken...

Dafydd James joins the Judicare team

  • Posted

Dafydd enjoyed a highly decorated career as a professional Rugby union player over 15 years having played over 500 times as a professional. During his illustrious career he had spells at Bridgend, Pontypridd, Harlequins and Llanelli Scarlets where he also...