Mortgage Cancellation.
#1
Mortgage Cancellation.
Hi Can anyone please answer the following question. Is the lawyer responsible for making sure that a previous mortgage on the property is cancelled at the land registry?
#2
BE Forum Addict
Joined: May 2004
Location: Guadalhorce Valley, Málaga
Posts: 1,059
Re: Mortgage Cancellation.
You are obviously yet another victim of one of these thieving, incompetent, lying bastards.
This is one of the basics of property conveyancing and failure to take the necessary action on finding this information in a nota simple (if he ever obtained one, that is) is nothing less than gross negligence.
This should also have been pointed out by the notary at the time of signing or maybe the lawyer, if he was also acting as the translator, deliberately glossed over it during the translation.
At best this, as I said, is gross negligence and at worst, if he was in cahoots with the seller to keep this information from you, it is fraud.
But what to do? It's no good trying to get another lawyer to sue him because they are all made from the same mould and he will just take your money then tell you there is nothing he can do.
Neither is it any good going to his 'professional' body the College of Abogados because they are nothing more than the lawyers' trade association dedicated to protecting their members from complaints like this from the public.
Perhaps name and shame him at every opportunity so that others purchasing in the Chiclana area don't make the same mistake!
This is one of the basics of property conveyancing and failure to take the necessary action on finding this information in a nota simple (if he ever obtained one, that is) is nothing less than gross negligence.
This should also have been pointed out by the notary at the time of signing or maybe the lawyer, if he was also acting as the translator, deliberately glossed over it during the translation.
At best this, as I said, is gross negligence and at worst, if he was in cahoots with the seller to keep this information from you, it is fraud.
But what to do? It's no good trying to get another lawyer to sue him because they are all made from the same mould and he will just take your money then tell you there is nothing he can do.
Neither is it any good going to his 'professional' body the College of Abogados because they are nothing more than the lawyers' trade association dedicated to protecting their members from complaints like this from the public.
Perhaps name and shame him at every opportunity so that others purchasing in the Chiclana area don't make the same mistake!
#3
Re: Mortgage Cancellation.
You could try this route and nail the so and so it will take a "little time" (joke) But you will get satisfaction out of the situation.
Spanish Ombudsman
And I do hope you get what you want.
David SR
Spanish Ombudsman
And I do hope you get what you want.
David SR
#4
Re: Mortgage Cancellation.
[QUOTE=countryboy]You could try this route and nail the so and so it will take a "little time" (joke) But you will get satisfaction out of the situation.
Spanish Ombudsman
And I do hope you get what you want.
Thanks for your reply.
We have filled out the form on the internet and received a letter in Spanish with a number of the case but that is as far as we are at present??
Do you know what happens next.
We went to the lawyers office yesterday asking for either a copy of the receipt from the Land Registry for the papers he is supposed to have presented them or if not copies of the papers. Guess what he was not there (probably hiding under the desk) but his secretary assured us she was with him when he did it??? We are still waiting for a reply to our 4 emails and we also asked yesterday for an email to confirm this fact.
There was another English couple at the lawyers whom he had promised they would have an electric contract and a telephone within 4 weeks. So they made a special trip from UK to see him why this has not been done. We asked them if they saw any pink pigs flying past the window????
Spanish Ombudsman
And I do hope you get what you want.
Thanks for your reply.
We have filled out the form on the internet and received a letter in Spanish with a number of the case but that is as far as we are at present??
Do you know what happens next.
We went to the lawyers office yesterday asking for either a copy of the receipt from the Land Registry for the papers he is supposed to have presented them or if not copies of the papers. Guess what he was not there (probably hiding under the desk) but his secretary assured us she was with him when he did it??? We are still waiting for a reply to our 4 emails and we also asked yesterday for an email to confirm this fact.
There was another English couple at the lawyers whom he had promised they would have an electric contract and a telephone within 4 weeks. So they made a special trip from UK to see him why this has not been done. We asked them if they saw any pink pigs flying past the window????