# House repossession



## BethanyKE (Apr 21, 2011)

My house is about to be repossessed. I can't afford a lawyer. Does anyone know the process - how long it all takes etc? Will they come and take possessions? Thanx. Desperate.


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## jojo (Sep 20, 2007)

BethanyKE said:


> My house is about to be repossessed. I can't afford a lawyer. Does anyone know the process - how long it all takes etc? Will they come and take possessions? Thanx. Desperate.



How sad  

I dont know, but I think it takes ages and involves lots of court cases.

Jo xxx


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## BethanyKE (Apr 21, 2011)

jojo said:


> How sad
> 
> I dont know, but I think it takes ages and involves lots of court cases.
> 
> Jo xxx


You're very kind - thank you!


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## xabiaxica (Jun 23, 2009)

BethanyKE said:


> You're very kind - thank you!


I'm sure I heard that a lot of the banks are being quite helpful & allowing people (former owners) to rent their properties from them for alow rent

have you explored every avenue with them - reduced payments & so on?


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## Alcalaina (Aug 6, 2010)

Are you living in it?

If so talk to an abogado as soon as possible and find out your rights. If it your actual home you have a stronger case for appeal.


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## Alcalaina (Aug 6, 2010)

Alcalaina said:


> Are you living in it?
> 
> If so talk to an abogado as soon as possible and find out your rights. If it your actual home you have a stronger case for appeal.


Sorry, I've just seen that you can't afford a lawyer, so try your local ayuntamiento - social services department.


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## Alcalaina (Aug 6, 2010)

Lots of info on _desahucios_ here:

DERECHOS DEL PROPIETARIO  --  TODO SOBRE EL DESAHUCIO -- DESAHUCIO POR FALTA DE PAGO RENTAS -- DESAHUCIO POR NECESIDAD PROPIETARIO -- LA OCUPACION ILEGAL DE LA PROPIEDAD :: DESAHUCIOS EXPRESS


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## Maimee (Jun 23, 2011)

BethanyKE said:


> My house is about to be repossessed. I can't afford a lawyer. Does anyone know the process - how long it all takes etc? Will they come and take possessions? Thanx. Desperate.


My understanding is that the banks are struggling with the repossessions so are willing to talk to people in a favouable manner to try to overcome their crisis.


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## JoCatalunya (Mar 16, 2011)

My hubby can't work anymore so we are in fear of our home being repossessed too.

I went to see my bank manager and he said it takes a long time for it to happen and that the banks would rather not do it if they can, if you have a decent bank manager go speak to him. Unfortunately my bank charge 1500 euros to defer mortgage payments, not sure if your bank will, but if all else fails you could offer to pay whatever you can afford and see if they will accept it. After all, they find it as hard to sell repossessed houses as we do on the ordinary market. 
Give the consulate a call, they may be able to offer some advice or at least give you the number of a lawyer of the like who might give you some for free.
I am so sorry you have found yourself in this position and wish you all the best.


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## BethanyKE (Apr 21, 2011)

Thank you all for great advice - my first time ever on a forum .... I didn't know how many nice people who take the trouble to try to help!! I will try out all the suggestions. Problem is, my husband has left - all too much for him and his mother sick. I can't just go - my daughter's life is here. I work but don't earn enough to keep house going. I don't hold out hope of saving the house, but desperate to know what the process is. I have fears of them banging the door down any day!


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## Morten (Apr 20, 2011)

Very sorry to hear about your problems and hope you can find some kind of solution.

Firstly, have you had a sitdown with the bank and talked to them about the situation and potential ways out? Given you do have a job and an income - and the bank really doesnt want to do repossessions if they can avoid it - it is just possible some kind of arrangement can be made.

Have you looked into renting it out - and finding somewhere cheaper for you and your daughter? Or, simply selling it at a loss, below whats left on your mortgage - of course that leaves you with debts, but on a more manageable level and the debts wont be tied to where you live.

In terms of being scared they suddenly knock on the door and evict you, *they dont*. There is a due process and its lengthy, with notifications along the way, so you will have fair warning.

You havent said how far in the repossession process you/the bank are, but in general it can be divided into a few phases:

*Phase1*: Missed payment. The bank contacts you, potentially fines you and try to get you to get up to date on the loan.

*Phase2*: 3months arrears. If any part of the mortgage payments are more than 3months behind, the bank will start repossession. If you missed a payment 3months ago and paid 2 since, that still counts as being 3months behind and the repossession will start. Before doing so officially they will usually contact you to try and get you pay your arrears or make arrangements.

*Phase3*: Formal repossession. Failing to clear the arrears above, the proceedings start. The bank must inform you formally that they start proceedings. This is done by certified letter, that they have to get you to sign for the receipt of. This notification could arrive at any point after the 3months period has passed, in practical terms generally about a month after people say.

*Phase4*: Legal action. After the notification the bank takes it to court (nothing you have to turn up to or get invited to) and gets the courts word that the property should be auctioned.

*Phase5*: Auction. The court sets a date for the auction of the property. The timeframe for this can seemingly be anywhere from 4 to 18months. Some say the systems are currently cloaked up pretty bad and to expect longer rather than shorter, but thatll depend on your area/court. If the property is sold on auction, it has a new owner (but he cant move straight in, before phase6) - if it isnt sold, it goes to the bank who borrowed you the money and they will put it up for sale themselves with further delays as a potential consequence.

*Phase6*: Eviction. 6month after the auction the eviction is carried out. You are given a formal notification of the specific time of the eviction in advance.

As you can see its a lengthy process. The important thing is not to let it destroy you with worries along the way. If you so wish, there are various options for fighting the final eviction, especially when having kids - but if you choose to go down that route you need to try and get a free consultation with a lawyer and/or one of the organisations mentioned above for some solid legal advice. Even if you cant find a way of keeping the property though, during the process you have time to find a place to rent that you can afford on your wages - that way you will have a nice place to live and raise your daughter, it doesnt have to be the end of the world. 

The very best of luck to you!



BethanyKE said:


> Thank you all for great advice - my first time ever on a forum .... I didn't know how many nice people who take the trouble to try to help!! I will try out all the suggestions. Problem is, my husband has left - all too much for him and his mother sick. I can't just go - my daughter's life is here. I work but don't earn enough to keep house going. I don't hold out hope of saving the house, but desperate to know what the process is. I have fears of them banging the door down any day!


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## Maimee (Jun 23, 2011)

BethanyKE said:


> Thank you all for great advice - my first time ever on a forum .... I didn't know how many nice people who take the trouble to try to help!! I will try out all the suggestions. Problem is, my husband has left - all too much for him and his mother sick. I can't just go - my daughter's life is here. I work but don't earn enough to keep house going. I don't hold out hope of saving the house, but desperate to know what the process is. I have fears of them banging the door down any day!


It is very difficult when everything lands on your shoulders like this to think clearly about normal everyday things that we normally take in our strides. So thinking about more major things like the house is going to phase you. You say that you work but not enough to pay for the house, your husband will need to contribute for your daughters maintenance as soon as he is able. 

Although I do not know the process I still feel sure that they will not be able to come and bang the door down, they have too many people with similar problems at the moment.

Please, please talk to your bank manager, get some form of legal advice and remember that we are all here to talk to and will support you.


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## BethanyKE (Apr 21, 2011)

Morten said:


> Very sorry to hear about your problems and hope you can find some kind of solution.
> 
> Firstly, have you had a sitdown with the bank and talked to them about the situation and potential ways out? Given you do have a job and an income - and the bank really doesnt want to do repossessions if they can avoid it - it is just possible some kind of arrangement can be made.
> 
> ...


Hi Morten

Now that I’ve stopped crying (!!!), I want to thank you from the bottom of my heart! 

I do have the house on the market and I think I must be at phase 4 – I had a huge fat letter from the court in March. My Spanish is quite good, but not up to the legal jargon. Also, I have been sick with panic every time I looked at it, so translation has been out of the question so far - I will sit down with a dictionary now!

My husband dealt with the bank before he left. They were really kind here in the local office – but obviously they just need their money. He lost his business and is now unemployed. I work in a regular job and pay social security – but my money is not good. The local bank rang Head Office who said that probably around July we would get a notification that we have 15 days to leave. The last time we were able to make a full payment was Dec or Jan I think – so this time frame differs a lot from what you have told me. I’m now wondering what the 15 days was all about. Maybe my husband misunderstood them.

I actually read on a link from UK in Spain that if you’re earning less than double to minimum wage (513€ I think) then you can get legal aid – so I’m going to look into that now.

I feel so much stronger now, thanks to you Morten – and to everyone else who has been so kind.

I will keep you all in touch, in case it’s of help to other people.

Thanks again!

Beth


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## BethanyKE (Apr 21, 2011)

p.s. I tried to put in the link to the legal aid advice, but they would let me put in a url. For anyone who needs legal aid in Spain, just google 'uk in spain legal aid' and the site should come up.


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## BethanyKE (Apr 21, 2011)

Maimee said:


> It is very difficult when everything lands on your shoulders like this to think clearly about normal everyday things that we normally take in our strides. So thinking about more major things like the house is going to phase you. You say that you work but not enough to pay for the house, your husband will need to contribute for your daughters maintenance as soon as he is able.
> 
> Although I do not know the process I still feel sure that they will not be able to come and bang the door down, they have too many people with similar problems at the moment.
> 
> Please, please talk to your bank manager, get some form of legal advice and remember that we are all here to talk to and will support you.


Thank you so much Maimee!


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## xabiaxica (Jun 23, 2009)

BethanyKE said:


> p.s. I tried to put in the link to the legal aid advice, but they would let me put in a url. For anyone who needs legal aid in Spain, just google 'uk in spain legal aid' and the site should come up.


you should be able to put in a url very soon - it's an automatic trigger, but sometimes takes a little while to kick in

is this the link you meant?

Spanish Courts


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## BethanyKE (Apr 21, 2011)

xabiachica said:


> you should be able to put in a url very soon - it's an automatic trigger, but sometimes takes a little while to kick in
> 
> is this the link you meant?
> 
> Spanish Courts


I'll try again - this is it

European Commission - European Judicial Network - Legal aid - Spain


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## DunWorkin (Sep 2, 2010)

Bethany, where in Spain are you?


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## BethanyKE (Apr 21, 2011)

I'm in Andalucia - Granada


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## Morten (Apr 20, 2011)

Heya

It is almost impossible to say without the knowing the specifics, could be 15days till its sent to court to have an auction sanctioned etc, could be that the bank tries to pull a fast one by getting people to leave before the auction to speed up the process etc. I completely understand that you dont like to even look at the papers - must be really tough - but I would really really strongly suggest finding a local lawyer who will give you a free consultation, take the letter etc to him - and get him to give you a bit of solid advice -> he can tell you exactly where in the process you are, exactly how it usually plays out in your local area etc, if you can scrape together money for an hour or two of help from him thats even better.

A piece of slightly "naughty" advice (and again, please get proper legal help): If you are still making partial payments, stop. It makes no difference now unless you can clear the amounts you are behind in total. Use whatever money you can scrape together towards saving up for a deposit on a new home, a bit of legal help etc.

I know its a huge step to actually go outthere and ask for help - specially when you dont have money to pay for it, but it really is what you need right now. Get someone on your side - and the organisations mentioned can almost certainly point you to a lawyer with free consultations and can potentially either provide a bit of legal aid of their own or point to one who will help for even just a few euros or promise of payment later. Its not an easy step to take, as it means facing the problems head on and even presenting them to others - but having a solid hand helping in the process will be a huge load of your shoulders.

A mortgage firm has the process in more details here: The Repossession Process In Spain and try clicking the "what can be done" tab too ... it also makes the same suggestion I did - get the bank to agree to sell below on the free market below the level of the mortgage. Basically tell the estate agent to keep dropping the price till its sold - the theory is to avoid all the costs of reposession and convert whatever debts remains to "less scary debts" that aint tied to where you live.



BethanyKE said:


> Hi Morten
> I do have the house on the market and I think I must be at phase 4 – I had a huge fat letter from the court in March. My Spanish is quite good, but not up to the legal jargon. Also, I have been sick with panic every time I looked at it, so translation has been out of the question so far - I will sit down with a dictionary now!
> 
> My husband dealt with the bank before he left. They were really kind here in the local office – but obviously they just need their money. He lost his business and is now unemployed. I work in a regular job and pay social security – but my money is not good. The local bank rang Head Office who said that probably around July we would get a notification that we have 15 days to leave. The last time we were able to make a full payment was Dec or Jan I think – so this time frame differs a lot from what you have told me. I’m now wondering what the 15 days was all about. Maybe my husband misunderstood them.
> ...


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## Alcalaina (Aug 6, 2010)

*"Defaulting homeowners to get greater protection"*

From today's El Pais:



> ... a resolution was passed [yesterday] raising the amount of a borrower's monthly salary that cannot be seized in case of default on a home loan, from the current 641 euros (the minimum wage in Spain) to 961 euros. If the defaulter has dependents, a further 30 percent per family member will remain untouchable.
> 
> The measure aims to alleviate the hardship of many families whose breadwinners lost their jobs in the economic crunch. With unemployment at 21 percent and an extremely high home ownership rate of over 80 percent, foreclosures have become a painful reality across the country. This hardship has served to fuel the widespread protests against Spain's political and economic system synthesized by the 15-M grassroots movement.


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## TiaTula (Mar 25, 2011)

You need a decent Spanish lawyer who speaks excellent English. Ask him about a "dación en pago" We did this last year. It can avoid being left with a huge debt that follows you for the rest of your life for outstanding payments. Our abogado charged us about €450,00 for months and months of work and notary visits. Keep in contact with the bank and don't just walk away, this is the worse thing to do. You will get through it...we did.....good luck.....


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## VFR (Dec 23, 2009)

It may well pay to to visit your local Gestor/Ayuntamiento and speak to the social dept, they will know good local lawyers, may even have a free in house one ?


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## tonemar (Nov 9, 2010)

BethanyKE said:


> Thank you all for great advice - my first time ever on a forum .... I didn't know how many nice people who take the trouble to try to help!! I will try out all the suggestions. Problem is, my husband has left - all too much for him and his mother sick. I can't just go - my daughter's life is here. I work but don't earn enough to keep house going. I don't hold out hope of saving the house, but desperate to know what the process is. I have fears of them banging the door down any day!


I really do feel for you, it happened to me in the last recession in the 90's, I had my house taken from me. _n the UK_, try and be strong, I know things look bleak, but believe me you will recover. As you have seen from the posts many people are behind you. The very best of luck and stay positive!!!!
Tony


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## djfwells (Sep 28, 2009)

BethanyKE said:


> My house is about to be repossessed. I can't afford a lawyer. Does anyone know the process - how long it all takes etc? Will they come and take possessions? Thanx. Desperate.


Have PM'd you link to Guide advising you the 6 steps between defaulting on your mortgage and your home being repossessed and, more importantly, what steps you can take to prevent this from happening.


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## Morten (Apr 20, 2011)

djfwells -> any chance you could post the guide here, specially if we missed something previously - sadly lots of people are in similar situations at the moment.


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## djfwells (Sep 28, 2009)

Morten said:


> djfwells -> any chance you could post the guide here, specially if we missed something previously - sadly lots of people are in similar situations at the moment.


I dare not risk the fury of the Moderators. 
Please feel free to PM me if you would like me to send it to you.


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## VFR (Dec 23, 2009)

djfwells said:


> I dare not risk the fury of the Moderators.
> Please feel free to PM me if you would like me to send it to you.


Its not what you do, but how you do it 
The information is clearly relevant & may well be of use to a good many members in these troubled times, and indeed to the casual visitors who are not yet members even though its free !

For instance the Sat Guy's are very helpfull & of course are in buisiness, therfore I often read the free info they supply on here (like most I guess) and to me have become a trusted source should I ever need that service.


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## xabiaxica (Jun 23, 2009)

playamonte said:


> Its not what you do, but how you do it
> The information is clearly relevant & may well be of use to a good many members in these troubled times, and indeed to the casual visitors who are not yet members even though its free !
> 
> For instance the Sat Guy's are very helpfull & of course are in buisiness, therfore I often read the free info they supply on here (like most I guess) and to me have become a trusted source should I ever need that service.


precisely

and tbh the constant references to PMs are more likely to bring down the fury of us mods - it's quite possibly/probably no more than sneaky touting for business & will be viewed as a way of getting free advertising

better to put the info on the forum for everyone in the form of free advice - that's what the forum is for


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## jojo (Sep 20, 2007)

xabiachica said:


> precisely
> 
> and tbh the constant references to PMs are more likely to bring down the fury of us mods - it's quite possibly/probably no more than sneaky touting for business & will be viewed as a way of getting free advertising
> 
> better to put the info on the forum for everyone in the form of free advice - that's what the forum is for



Sending private messages in such a way IMO spells only one thing - touting for business and wanting money for it! So if anyone suggests PMing, they want your business!

Jo xxx


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## Stravinsky (Aug 12, 2007)

djfwells said:


> I dare not risk the fury of the Moderators.
> Please feel free to PM me if you would like me to send it to you.


And you didnt think you would by making a post like this


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## DunWorkin (Sep 2, 2010)

Can Mods read other people's PMs?


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## xabiaxica (Jun 23, 2009)

DunWorkin said:


> Can Mods read other people's PMs?


absolutely not!

sometimes wish we could though

no-one but the sender & recipient can read the PMs - not even admin

it just raises suspicions when posters who are known to have a business connected with the thread they are posting on says 'PM me for more info' or 'I'll PM you'

it smacks of touting for business, which apart from being against forum rules, just isn't fair on the forum members who pay for Premium Membership so that they can advertise openly


anyway - perhaps djfwells will come back & post the info & we all stop being suspicious


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