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Lost escritura

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  • Lost escritura

    Hi all
    Trying to sort something for my mum and I hope someone out there can help. My father died (how inconsiderate!) and my mum has no idea where the escritura is for their villa. The bank made an error resulting in the electricity being cut off and the contract being cancelled. The electricity company will not re-connect her until she produces the escritura for a new contract (ironically they accepted the reconnection fee before telling her that bit!).

    Anyway, my questions are: (NB: The urgent question I need answering is no. 1 so if you don't know the others that's fine)
    1) How do I get a copy of the escritura (bearing in mind my mum has no idea which notary was involved)?
    2) Should we remove my dad's name from it and if so what implications will that have?
    3) If they gave NIE numbers when they bought the property in 1985 (the bank doesn't think they did), will it be on the escritura?

    Thank you so much for any help/advice you can give.
    Jangle x

  • #2
    Best advice is to contact a Spanish lawyer very urgently!

    Your fathers death could have serious implications regarding the property.

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    • #3
      ??

      Now I'm even more worried than before - can you tell me what you mean by serious implications?????

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      • #4
        I would think you mother would inherit your fathers half of the house and have to pay tax on it for one thing. Consult a lawyer, they will sort it for you.

        Comentario


        • #5
          Is that considered a serious implication?? If he's dead, he's dead, if tax has to be paid, it does - why would that be a 'serious implication'? Is it a huge amount?

          My main question was about getting a copy escitura - can anyone give me that information?

          I was hoping for help - not to be worried to death. I'm sure my 73 year old mother would be really comforted by knowing that my dad's death will have 'serious implications' with no further explanation. I know I said he was inconsiderate to die (my mother is devastated) but I think it's a bit inconsiderate to drop a bomb using bold type for 'very' and immotive phrases like 'serious implications' without a bit of explanation. It's certainly not helpful for a grieving family - quite the opposite - 'placebo' heaped coal on the fire!

          Please can someone help? I'm not asking for anything but the truth - but a bit of explanation around what is said would help! I know I could go to a Spanish lawyer, but I don't want to hand them a blank cheque and not know what I should be expecting them to do - we don't have much money and I need to be careful. I thought I might get a bit of an idea what was involved from this forum - surely someone out there has had to get another escritura whether or not it involves a person who is now dead being on it??

          Yours hopefully
          Jangle x

          Comentario


          • #6
            Hi Jangle, you would normally get a copy quite easy from the notory that it was signed in, however you have stated that your mother cannot remember which one this is, did she buy through an agent, can she remember which one? and are they still there? You would be best to contact a solicitor as your fathers name does need to be removed, and this will be at a cost. make sure that the solicitor gives you all the costs up front. The electicity problem they should be able to sort rather quickly, but the rest does take time in spain !!! Also make sure you take all paper work you have with you ..... including death certificate etc. I would imagine that they signed on their passports so take your fathers with you. Sorry for your loss. hope this is some help to you

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            • #7
              I was trying to help.

              You shouldn't rely on "amatuer" responses is what I am saying.

              Consult a Lawyer.

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              • #8
                You can always get a copy of an escritura in the local land registry.

                I cannot understand why the elec company are being so difficult - I have never heard of them asking for an escritura for a reconnection before - especially given your mothes situation - I think someone needs to put some pressure on them, given her age and situation.

                I can recommend Pellicer and Heredia tel 965 480 737, Ignacio speaks perfecr English having worked in the UK. You need to get the legalities of your fathers death sorted out before it leads to other complications.

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                • #9
                  Go down to Torrevieja Help, I'm sure they could point you in the right direction.

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                  • #10
                    Yes Chris thats a good idea. I mentioned this to my Spanish wife, she thinks Iberdrola are unhappy to re-connect if they think the house has legality problems or aged elec. installation as normally all they want is to see money!

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