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 the UK as a result, we have reached a full and final settlement of their legal obligations and removed all threats to their future.
It is a frequent story we hear from our clients who believe, having “handed back” their property in Spain to the Bank, their liabilities to the Bank would be ended.
Case Study
This particular case involved a purchase of a dream home in Spain back in 2007 and the taking out of a mortgage on the property with a Spanish Bank. In this case, the Bank was Banco Popular (later becoming Banco Santander). For many years there were no problems, and the mortgage payments were paid. However, in 2013, the financial picture for the owners in the UK changed, and as a result paying the monthly mortgage instalments to the Bank in Spain became unmanageable.
Dialogue with the Bank continued for a period, however, in 2015, payments to the Bank in Spain stopped and shortly thereafter, the owners were informed by the Bank that they (the Bank) had started a legal process to repossess the property. Believing that, with the repossession of the property in Spain, this would also bring their financial liabilities to the mortgage on the property to an end, the clients received no further communication from the Bank in Spain for 6 years.
In late 2022 however the client received a legal demand notice from a Company called Axactor, who had now become the beneficiary of the outstanding amount left on the mortgage after the previous repossession of the property in Spain. The legal notice was now demanding the repayment of the amount of just under €300,000.
After some anxious initial conversations with the client, we explained to them how the debt had risen so sharply over the preceding years and regrettably the legal demand should not be ignored. We received a formal instruction to handle the matter for the client and to seek some form of solution with Axactor.
After studying the documentation provided to the client and following negotiations with Axactor, we were able to completely strike out the claim against our client and the matter was swiftly brought to a final conclusion, and the full debt was written off.
With the legal settlement in place, the client can finally leave the situation behind and can look forward to a future free from threats.
How can Judicare help?
We have been helping individuals to find the correct solution with regards to their problematic mortgages in Spain since 2010. Over the years our team of experts have acquired the knowledge, skills and experience in finding the optimum solutions for our clients. So, if you are facing problems with your mortgage in Spain our specialist Solicitors can help you explore your options, including negotiating full and final settlements or variations to the mortgage debts.
Below are just some of the reasons why our clients instruct us:
- Our legal team have decades of combined experience of handling Mortgage problems in Spain.
- We are regulated by the Solicitors Regulation Authority (SRA) and as such we carry professional Indemnity Insurance giving you vital protections and redress in the unlikely scenario something goes wrong.
- We have successfully negotiated over £40million of foreign Bank debt being written off for our clients.
- We’re members of the Association of International Property Professionals and devote ourselves to promoting principles of good practice within the international property industry.
- Using one of the unregulated “advisory” firms providing Spanish property debt solutions can be risky, as there are no safeguards or any regulatory redress for clients if something goes wrong.
If you have received a letter from Axactor or a Spanish Bank, or have fears you may soon receive a letter, or would simply like more information on our fixed fee approach a member of our team will be happy to take your call on a confidential basis at 01438 840258 or via email to admin@judicaregroup.com
We can also arrange a free no obligation teleconference via Zoom/Skype.
Getting in touch will allow us to understand your individual circumstances and discuss with you your concerns and objectives. Working with you we can then decide upon the correct strategy to approach and find the solution which is right for you.