Lyns77

Hi, I bought an apartment in Formentera del Segura (Rojales area) a year and a half ago from Atlas, and after signing the contract and handing over the money, I was told that the solicitor would get the deeds. I have now been told that the builder will not hand over the deeds and that the solicitor wants me to pay 4000 euros for a court case against him. They said it is not just my property, but a number in this area. They also said that if I do not hand over the money, in order to proceed with the case, there is a big chance that the mortgage company will seize the property and I will lose it. I'm not sure where I stand and wondered if anyone else is going through this also??

Thanks in advance!

Jules Europe

Company mentioned have been involved with quite a few of these scandals. Best thing you can do is to get another opinion from a reputable independent solicitor before paying out any more money.

SueG

Have you actually been to the Notary to sign the deed or have you just signed a reservation contract? If you have been to the Notary and signed you own the property. You can also search at the Land Registry to see if your ownership has been registered.

P.S. I am local to the area if you want to contact me direct and I will see what I can find out

Lyns77

Thanks for your reply Sue. No I didn't actually sign the deed, I only signed for power of attorney, for the solicitor to obtain the deeds.

Jules Europe

But I imagine that you have paid for at least 50% of the property?

Lyns77

Yes I have paid all of the money, but the solicitor said that it is the builder that holds the mortgage and not me, and that now he can't pay it because of the credit crunch, so the mortgage company may seize the property.

Jules Europe

You are referring to the mortgage that the builder had taken out when the urabanization was built? If that is the case that is his problem not yours and the solicitor should point this out. Also the mortgage company does not want to remove the property and they would much rather that you purchased the property anyway, the last thing they want is another property on their hands. The 4000 that you mention is a small amount of money in the scheme of things and thus sounds very dubious.

The solicitor that you have is independent or recommended by the agent?

SueG

Agree totally - go to Notary and take back Power of Attorney and then find an independent Solicitor. If you have gave given a General Poder then the Attorney can do anything in your name