Is there such a thing as a LEGAL property in Spain?

We have to get a mortgage to buy our dream home in Spain. We are only looking in the area up to Nerja.

So far we have paid three lots of survey fees, only to be told that the property is not registered as it should be. We have enlisted the services of a solicitor, originally in Fuengirola, recommended by a friend, who stopped us from putting a deposit on a couple of places, then a lady in Nerja who has finally got through to the El Borge town hall to find that there are files open on the seller of our latest fiasco which we have been following up for almost three months only to find that we cannot get a mortgage.

We should have heard the warning bells. There was another person interested in the property who could not get it as they had a mortgage difficulty. We didn't realize this was due to the owner not paying fines.

We are very disillusioned, even depressed, about the slipshod arrangements in Spain when it comes to buying/selling property. How can it be possible for a "progressive" country that is a part of the EEC have laws which are just so laughable when compared to other countries.

How can it be possible to be put into a position whereby you find the house you like, put on a deposit and then lose that deposit due to the inefficiencies of local AND national government.

We are now onto our sixth house and have just heard that due to the possibility of a fine on the owner it is not possible to get a mortgage.

We are not asking for much. We just want to buy a house in the country, reasonably close to the coast; and we want to know that when we get the ok from the solicitor then it is ok to place the deposit safe in the knowledge that the process will take its course and provide us with a house to call our own.

Our solicitor had actually spoken to the owner and was in possession of "all the documents required", but only due to our bank requesting another piece of paper were we finally to find out that there was a file open on the seller in the El Borge town hall. This could become a lien on the property, rendering it unmortgageable as far as the bank are concerned. We have now spent FOUR lots of survey fees. At this rate all our house money will have been spent on surveying houses that, due to the stupidity and inefficiency of the Spanish system, are out of reach. We believe that this is both an inefficient AND an unjust system. We are just throwing money at a Spanish money pit.

I would be happy if this post could be brought to the attention of the King of Spain, although I am rapidly beginning to think that the Spanish government is a toothless dog.
Thanks
Raul

Sorry to hear of your problems. Although you do often hear of problems like this happening, it?s very unusual for someone to have so much bad luck.

Debts on houses are carried by the house, not the person who owns it. So if you take over a house you take over its debts. In general your solicitor should find this, and of course if the debts were only little you could elect to take them on. I'm not sure if there is a small fine outstanding if you could take this on also (if it was reasonable).

But I'm afraid the answer to your question (which you won't want to hear) is that this is Spain. Spain does things in its own ways I'm afraid, and however much you might not like some of the procedures they ARE the procedures that you will need to learn to live with. Everything takes longer and there?s loads of paperwork.

We bought a new build, but there were still a few niggling problems which the solicitor eventually sorted out. With older houses you can encounter ownership problems also, especially with family homes when due to a number of wills the homes are owned by four or five people, all of which have to give permission to sell.

But I'm sure you will find the hassle is worth it, and eventually you will find your dream home!!
Thanks
Ronald