Good morning, It is not explained well, it should be more concise because it is not clear if it is a personal or mortgage debt, it seems that it is personal, if you only have a credit with that entity of 6000 and can not pay the agreed fees , I recommend that you negotiate with the entity a reduction of the fee, in case of quantity claim procedure you can not seize an amount that exceeds the minimum interprofessional salary. Greetings.
In that sense, I understand that it fits perfectly into vice of will, given that you have hidden the real characteristics of the land, according to article 1265 of the Spanish Civil Code, “the consent given by mistake, violence, intimidation or fraud” will be null and void “and , in the subject that occupies us at this moment, that is to say, focusing on the error: article 1266 of the Spanish Civil Code “for the error to invalidate the consent, it must fall on the substance of the thing that was the object of the contract, or on Those conditions of the same that would have mainly given reason to celebrate it The error on the person will only invalidate the contract when the consideration to it would have been the main cause of the same.The simple error of account will only lead to its correction “. Therefore, in case of not wanting to reach agreements, it would be advisable to file a civil action against them, and claim compensation for damages, although for this you will need an appraiser appraiser who values it. Many luck and encouragement!
Good morning, the logical thing would be to make a purchase with mortgage sub-registration and register it in the property registry, the problem is that it does not bind the credit institution, it is a contract between you. The ideal would be to agree with the entity and give guarantees of compliance with the credit by your ex-wife. Currently, banks are not for the work of one of the two get out of the mortgage because they have two people who can deal with the credit instead of one .. Good luck!
Well in that case, you must oppose the execution and at least you will gain time. In some executions I managed to delay the same up to two years, but it depends on the Court and how saturated it is. I think it would be convenient to try to reach an agreement, it is always better than nothing. Greetings and luck.
The appraised value is that which is in the deeds of the mortgage.
I regret to say that it may be true that they go for your home after not having managed to auction the house, at least for debt value and also for the interests and costs that usually go up to 30%. Although then it is always opposed and challenge fees. I think the best thing you could do is try, however bad it may be, to sell it for the debt value and request a deferment to your entity that will surely be more interested in getting some liquidity before auctioning a property or a ship. Good luck and greetings.
Hello Tony, I recommend that you look at the Royal Decree Law 6/2012, of March 9, on urgent measures for the protection of mortgage debtors without resources, and in relation to this if your entity adheres to the “Code of good practices” in virtue of art. 5 of the aforementioned Law. The thresholds are almost marginal, we must show that you are in a situation of social exclusion, in case you do not enter to negotiate or value it, I recommend that you ask for a lawyer by trade. Greetings and luck.
Hello Julio, It seems that the 57,345 Euros more may be due to the interest due, plus the costs of the procedure, which may amount to 30% of the amount claimed. I would recommend that you challenge the fees and at least oppose it, although for this you will need a lawyer and a solicitor. If you do not oppose in a timely manner there will be nothing to do. Good luck and greetings.