Tacit legal mortgage, anybody?

Posted: Wed Feb 8, 2023 8:48pm

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Posts: 80

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Location: Albir

Joined: 14 Aug 2019

Bought our home 12 months ago used Colas ABOGADOS in albir to do all the work, deeds etc. All went through and during due diligence they emailed confirming no debts or mortgages were on the property.

Today , 11 months later, got a bill citing the previous owner ( who sadly had passed and we bought from her children) as the debtor and my wife as the guarantor!

Apparently this is legal practice for Suma to use tacit mortgage to claim previous debts from new owners but surely Colas the ABOGADOS would and should have spotted this bill was unpaid ( around €500, but might be the first but not the last).

Any thoughts? I have just emailed the solicitors but unsure what to do next.

Shocked and gutted doesn't cover it!!

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Posted: Thu Feb 9, 2023 7:34am

Paolo51

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Posted: Thu Feb 9, 2023 7:34am

I got a bill for a SUMA shortfall of the previous owners (no mortgage involved) for a swimming pool, the bill was from the year before and the year I bought the property but I had been informed by the solicitors and they had retained funds from when I purchased.

Posted: Thu Feb 9, 2023 9:52am

Albertto

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Location: Albir

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Posted: Thu Feb 9, 2023 9:52am

Fingers crossed the ABOGADOS have contingency here too!

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Posted: Thu Feb 9, 2023 1:20pm

Bibba

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Posted: Thu Feb 9, 2023 1:20pm

Not all abogados are decent or honest, and even more are doing a questionable job. In my experience this is the biggest hazard when buying a "casa" here. It is recommended not to trust the sellers representative, but in my experience hiring ones own are no guarantee. Even when you know what has to be checked, and the lawyer claims to have done so, you have to get this documented to know. Going after a dishonest lawyer are not easy and not cheap, and unless one has a really good contract in writing with the lawyer, probably futile.

One are at risk of surprises for at least five years after the purchase. I wish it were not so.

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Posted: Thu Feb 9, 2023 7:18pm

Kimmy11

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Location: Formentera Del Segura

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Posted: Thu Feb 9, 2023 7:18pm

Hi Albertto,

Yes, Colas Abogados should have checked for outstanding debts and made retentions accordingly.

For example, as we bought in May, the IBI for that year was the responsibility of the vendor (as they owned the property on 1 January), so our lawyer retained the required amount until the vendor provided receipt of their payment later that year in October.

Kind regards,

Kim