Heirs refuse to open and accept the Will
“I am named on a Will along with other family members, but after numerous years trying nicely, the other heirs refuse to open and accept the Will. What are my rights? Can I force the opening of the Will? Can I sell any of the assets if the Will has not been accepted?” This is […]
Certificado de Empadronamiento in Spain
In Spain, there is a local record for people residing in a town. This local record is called Padrón and the proof that you are registered and residing in a town is the Certificado de Empadronamiento. If you are told that you need to “empadronarte” this means that you have to register yourself in the […]
Ground Clause: Banks’ New Strategy
The Spanish Supreme Court delivered recently a Judgement about ground clauses. After this Judgement, most Judges have cancelled almost 100% of ground clauses in the mortgages of the claims lodged into the Courts (provided that the grounds of the claim are that the client was not informed about the mentioned ground clause). After that, some […]
Ley 57/68: New Appeal Case Won Against BBVA & SGR
LEY 57/68-New appeal case won against BBVA and SGR for off-plan property buyers of Herrada del Tollo (Residencial Santa Ana del Monte-Jumilla) We just informed our client, who paid a deposit for a property in Residencial Santa Ana del Monte (Herrada del Tollo). We won the case at 1st Instance Court in Alicante and now […]
General bank guarantees case won at the Supreme Court
We have very good news because we are the 1st Law Firm to win a case for off-plan property buyers who only had general bank guarantees at the Supreme Court in Spain. The Judgement won is for clients who bought a property to Herrada del Tollo-Santa Ana del Monte Jumilla. TRIBUNAL SUPREMO-SALA DE LO CIVIL-PLENO Sentencia […]
Cancelling your mortgage at the land registry
If you have cancelled the mortgage for your property, it is important to inform the Land Registry about it. If you cancel your mortgage with the bank but never inform the Land Registry, the mortgage will still be registered against the property for 20 years. If you decide to sell your property and the possible […]
Enforcement of foreign judgements in Spain
The enforcement of foreign judgements in Spain is very common. If you have a Foreign Judgement or Court Order from you country against any person residing in Spain, you can enforce it directly in the Spanish Courts. The European Union ensures that judgements obtained in one EU country can be recognized and enforced in any other EU country. Therefore, […]
End with your shared ownership property
If you bought a property with someone or if you are co-owner because you inherited it along with someone else, or any other reason, and one of the co-owners wants to keep your quota or vice versa, you should know that in Spain this transaction (called Extinción de Condominio) implies 1% tax instead of the […]
Eviction in Spain. What to do if you are renting your Spanish property and your tenants do not pay rent
If you are thinking about an eviction claim in Spain, you should know that you can claim your unpaid rent and start legal action as soon as you tenants fail to pay once. The truth is that if you didn’t claim this unpaid rent before, the tenant can pay immediately and nullify the action, but the […]
What is a Spanish Bank Guarantee?
It is a guarantee for the deposits you pay for your off-plan property to a developer. It can be issued by a bank or an insurance company. If you are buying an off-plan property you should think about securing the amounts paid in advance to the developer. Having a bank guarantee is mandatory and you […]