News

Courts in Spain get tough on Foreign Currency Mortgages

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

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

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

If you have bought a property abroad in the last 10 to 15 years in countries such as Cape Verde, Turkey, Morocco, Brazil 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...

Communal areas and Community of Owners for properties in Italy

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

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

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

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

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.....

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

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?

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

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...

Buying property in Spain in Sterling

With British people being one of the main groups of foreign owners of properties in Spain it is hardly surprising that occasionally a British person sells his or her Spanish property to another British person. Typically, we see the buyer initially converting...

European Enforcement Orders

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

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...

3% Tax Retention in Spain

When you sell a property in Spain there is a requirement for 3% of the value of the property to be paid to the tax authorities as a retention if you are non-resident in Spain. There is a lot of misunderstanding regarding this 3%. Some people think that this...

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

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...

Illegal build in Spain leads to prison

The authorities in Spain have had issues with illegal planning permission over the years. For decades many people ignored the requirement to obtain planning permission and built properties anyway without planning permission – either extensions and...

Mortgages on foreign property

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?

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.

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

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...

Buying a property direct from the bank in Spain

Over the last few years Spanish Banks have unwittingly become the biggest estate agents in Spain. The banks have had to repossess so many properties from owners who could no longer pay the mortgage that almost by default they have become the biggest property...

Rural property in Spain

During the boom times of property sales in Spain the vast majority of people purchasing properties did so “off-plan”. They were persuaded by glossy brochures and liked the thought of being the first owners and deciding the specifications to their...

The dangers of timeshare forums

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...

Spanish NIE's

At some stage when you buy a property in Spain you will need to obtain an NIE. NIE stands for “Numero de Identidad Extranjero”, which translates as “Foreigners Identification Number”. The NIE is a cross between an Identification...

Healthcare Abroad

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

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

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

“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

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

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

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?

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

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?

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 Office Legalisation

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?

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

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...

An important decision of the Supreme Court of Cyprus

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

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)

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

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

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

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...

Buying a rural property in Spain

The property market in Spain is starting to pick up as confidence returns and buyers look for bargains. However, the market has changed and most purchases are now looking at resale properties and an increasing number are looking at more rural areas. Buying...

Did you invest in an overseas property with Ocean View Properties or Harlequin?

It appears that the thousands of overseas property investors who found themselves caught up in the scandals of Ocean View Properties and Harlequin may be entitled to seek financial redress via a potential claim through the Financial Services...