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View Full Version : Facing Repossession - can anyone recommend a good lawyer in Tenerife?



Buffness
05-03-2014, 12:21
We have been trying for almost a year now to negotiate a refinance of our mortgage with the bank and they are basically saying – “sling yer hook “ and that we should leave and give them the house as a ‘gift ‘. :mad:

In the meanwhile, we have been paying them what we can afford ( around 2/3 of the monthly mortgage amount) – regularly and without fail .

Has anyone faced a similar situation? Please share your experiences.

We hired a lawyer to negotiate with the bank for us and he basically came back telling us what the bank already told us . Waste of time.:confused:

Do we have any rights ? Are there any good lawyers in Tenerife with experience in this area that can negotiate with the bank for us ?

delderek
05-03-2014, 13:52
We have been trying for almost a year now to negotiate a refinance of our mortgage with the bank and they are basically saying – “sling yer hook “ and that we should leave and give them the house as a ‘gift ‘. :mad:

In the meanwhile, we have been paying them what we can afford ( around 2/3 of the monthly mortgage amount) – regularly and without fail .

Has anyone faced a similar situation? Please share your experiences.

We hired a lawyer to negotiate with the bank for us and he basically came back telling us what the bank already told us . Waste of time.:confused:

Do we have any rights ? Are there any good lawyers in Tenerife with experience in this area that can negotiate with the bank for us ?

With the way prices have fallen, it may be in your interest to give them the place. Many people are in a far worse position in that the bank take possession, and still require you to pay any shortfall after it is eventually sold, with interest still being added. If of course you are not in negative equity you would be in a better position if you sold it.

CIM
05-03-2014, 14:35
According to your mortgage contract, technically they can repossess you if you are short by any amount on just one mortgage payment... Obviously some degree of leniency is applied but it is on a case by case basis.
If they continue to refuse to refinance your mortgage to a longer term or interest only and you cannot make the payments as they currently are then your best course of action will be to sell quickly or negotiate a dacion de pago where you hand back the property in lieu of the current debt.
I am dealing with one now and have just managed to take a deposit this week on a property they wanted to start repossession proceedings on on Monday.

languagefan
05-03-2014, 18:34
I read something in El Pais a while ago that the government has passed a law that families with children can't be kicked out of their properties for as long as two years. but don't find a link to this information now. Good luck, u should be in a v difficult situation.

ps: I found this. Maybe contacting this campaign group can help. Good luck.
http://observers.france24.com/content/20130816-spanish-banks-back-down-protesters-fighting-homes

CIM
05-03-2014, 18:35
Its much easier for them to repossess if it is a second home / holiday home.