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Professional Advice

Pregunta al Administrador de Fincas: Casa embargada por el banco ¿Cómo hacemos constar en el registro?

In my community, of nine members, one of them had the House foreclosured by la Caixa, three years ago, and the bank has not contacted the legally constituted community and we would like to know the steps to give to be recorded in the register of the property when it comes to potential new buyers and sellers to take into account the debt , considering the fee and how to put it in knowledge of the registry, through which process. Thank you Juan

José Antonio H. 

Administrator:  Juan López

The first thing we recommend you is to enquiry a simple note of the dwelling;  it is a fast, secure and economic way of having the confirmation of who is the current owner and since when.  Once these data are clear, you must send to the owner a burofax, preferably, to claim the amounts owed. Depending on whether transmission occurred before the 1 July 2013 or later to the current owner will be able to affect the quotas of the previous owner two or four annuities respectively, from the date of purchase.  If you have to go to a Bank as it says, they will request data from the community, CIF, bank account, and especially the minutes justifying outstanding debts, contribution fees, levies, etc.   If they do not usually make meetings should convene one in which pay is the total debt as soon as possible. Clearly stating annual and fee from annuity due.

Finally, please notice that in October of this year it has entered in force an amendment to the Civil Code to reduce from 15 to just 5 years the limitation periods of contributions of community debts, so we advise that they speed up the procedures which we have advised.   On the subject of annotation in the register, is an option too costly in time and money, and ill-advised unless in this case.  We look forward to serving you help.  Regards

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