EXCLUSIVE by James Bryce
A BRITISH expat whose home is at the centre of a legal battle over an alleged unpaid loan has described the situation as ‘farcical’.
Mark Ogley, 50, is fighting an embargo placed on the sale of his home by German bank Sparkasse, which claims to be owed money by the previous owner.
But the marine industry specialist, originally from Cheshire, insists the case has nothing to do with him and that he followed the correct procedure when buying the €280,000 property, near San Pedro, in 2003.
“I am stuck in limbo, it is a nonsensical situation that goes on and on and on and I can’t bring an end to it,” Ogley told the Olive Press.
“They’ve tracked down the previous owner in Germany and asked him to appear in court in Estepona, but he is an old guy and isn’t going to travel back to Spain for that.
“They are accusing me of knowing the previous owner and being in cahoots with him over the sale of the house, but they don’t have a shred of evidence to support that,” added Ogley, who shares the property with his partner and 14-year-old daughter.
“It’s not like I met the guy in a bar, I went through the correct procedure with lawyers and took out a mortgage.
“The problem is that lawyers can only check on borrowings against property in Spain, not money owed in other countries, so there is nothing to safeguard people from getting into this situation. It is farcical.”
Another nail in the coffin of Spanish property dealing. When will they ever learn? Nothing less than root and branch reform will restore confidence. Or prevent scams.
Wouldn´t a ” nota simple” from the property registry have shown that there was a mortage on the property?????
i am trying to sell my legal house in Catalunya…but the buro ( who gives you the cedula de habitacion) says i need the original (first) inscritura (copia simple). i have bought the house in 2000…the first copia simpe dates from 1975…so how im i supposed to have it ? And in Falset…the buro of registration national..they say they are not allowed to give that to me, due to the law on privacy ??? Even the architect doesn”t get it anymore…so here i am …100% legal, 100% original house nothing added…and they block me ? that really motivates me to invest some more in Spain…or to stay.
l have a piece of land near Oliva beach l was given a fine for bulding a casita l tried to get it down l went to the then Mayoress who promised me it would go to less than half she sent me the main man Arquitect who also promised to do something instead of getting the fine down it went uo 10,000 e and was embargoed, There are 40 more ilegal houses there and they are getting away with it. Why do they want my land which means nothing to these people in Townhalls but the world to me. l have been here 24 yrs but now know why all the expats are leaving all the Townhalls are corrupt.