Posted: Fri Jul 1, 2022 1:47pm
Hi Madcarew,
I'm sorry, but none of this makes sense - no wonder you're finding all this so frustrating.
Before completion, the notary is required by law to request a "nota simple" to verify that the vendor has legal title and check for any outstanding encumbrances (mortgage, tax, bills, etc.) on the property. If the notary had done this, they should have known whether there were any issues before the deed was signed - it's their job to ensure that all parties understand what they are signing for and that the transaction is legal.
Did you attend the completion meeting at the notary office and did you receive then, or from your lawyer since, a "copia simple" (an unsigned copy of the deed)? The notary keeps the original, signed deeds, the "Escritura Pública" and records them in the notary's register - I assume that it's your authorised copy of the Escritura ("copia autorizada") which is being withheld?
Either the notary, or your lawyer, should have had the deed inscribed in the property register ("Registro de la Propriedad") and updated at the land registry ("Cadastre"). Do you know whether all these processes have been completed? (You could also check the statement of account from your lawyers, as this will show whether you've been charged for these services.)
Perhaps you need to apply a little pressure that may elicit a response. First, I'd check that both your lawyer and the vendor's lawyers are registered with the relevant Bar/Law Association (probably Alicante). They should both have a practising number and it's usual for it to be printed on their letterhead. Failing that, Spain's General Council of Lawyers ("Consejo General de la Abogacía Española"), has a website where you can look up any registered lawyer, using their name, to see the lawyer’s practising number, their regional Bar Association and contact details. If they are registered, it's mandatory for them to have Professional Indemnity Insurance, which you could claim against for negligence or malpractice. If either party's lawyer is registered, you may want to suggest that you will be submitting a formal complaint to their Bar Association if you don't receive a definitive response in, say, 10 days.
Good luck!
Kind regards,
Kim