MORTGAGE FORECLOSURE INITIATED BY THE ORIGINAL LENDER, EVEN THOUGH THE CREDIT HAS BEEN ASSIGNED BUT THE ASSIGNMENT HAS NOT BEEN REGISTERED IN THE LAND REGISTRY
Under Article 540 of the Spanish Civil Procedure Act (LEC), as amended in 2015, the assignee of a credit may request that the foreclosure proceedings continue in its favour as the successor of the original enforcing party. To do so, the assignee must submit documentary evidence proving the assignment. If the court considers the documentation […]
ASSIGNMENT OF THE AUCTION AWARD WHEN THE ENFORCEMENT IS CONDUCTED BY THE ASSIGNEE AND THE DEBTOR IS UNAWARE OF THE CREDIT ASSIGNMENT
When the enforcement proceedings are conducted by the entity that acquired (assignee of) the loan and the debtor is unaware of the credit assignment, an assignment of the auction award (cesión del remate) may take place. If the assignment occurs during the enforcement process (and therefore Article 1535 of the Civil Code does not apply), […]
ASSIGNMENT OF MORTGAGE LOANS: LEGAL CONSEQUENCES
Between the Assignor and the Assignee The assignment transfers the credit and all its accessory rights, pursuant to Article 1258 of the Spanish Civil Code, including guarantees such as surety, mortgage, pledge, or privilege, unless these are expressly excluded in the assignment agreement. If the assignment is partial, the extinguishment of the assignor’s ownership rights […]
WILL APPOINTING A CAREGIVER AS HEIR
A man dies widowed, with no descendants or ascendants, and leaves a will naming as his sole and universal heir whoever personally cared for him during the last years of his life. He appoints a friend as executor, granting him the power to determine who that person was. The testator’s siblings question the validity of […]
CHOICE OF THE FINAL HEIR BY THE EXECUTOR
A man dies widowed, with no descendants or ascendants, and leaves a will naming as his sole and universal heir whoever has personally cared for him during the last years of his life. He appoints a friend as executor, granting him the power to determine who that person is. The testator’s siblings question the validity […]
DETERMINING THE APPLICABLE LAW IN A SEPARATION OR DIVORCE PROCEEDING INVOLVING FOREIGN SPOUSES
Two British citizens resided in Spain until one year ago. After deciding to divorce, the husband returned to the United Kingdom. If there are no assets to be liquidated and it has been agreed that the husband will pay child maintenance, is it necessary to prove the applicable law? Answer: 1. Applicable Law Concerning Minor […]
REGISTRATION IN SPAIN OF A DIVORCE ISSUED IN GREAT BRITAIN BETWEEN A SPANISH NATIONAL AND A BRITISH NATIONAL RESIDENTS IN ENGLAND
A marriage between a Spanish citizen and a British citizen, celebrated and registered in Spain, was dissolved by divorce in London in 2022. What procedure must be followed to register the divorce in Spain? Answer: Since 31 December 2020, the United Kingdom is no longer part of the European Union. This affects the application of […]
BRITISH NATIONAL APPOINTS HIS WIFE AS HEIR WITHOUT RESPECTING THE FORCED SHARE OF HIS DESCENDANTS. DOES SPANISH LAW OR ENGLISH LAW APPLY?
To determine which law governs the succession of a British citizen with real estate in Spain, it is essential to consider EU Succession Regulation 650/2012 (ESR), which governs cross‑border inheritances. This regulation modifies the previous rule (which referred to the national law of the deceased) and establishes as a general principle—unless the testator expressly chooses […]
BRITISH CITIZEN RESIDENT IN LONDON. APPLICABLE LAW TO THE SUCCESSION
A British citizen resident in England owns several properties in Málaga. He dies intestate, leaving a brother. Which law applies to the succession? Since the deceased did not make a choice of law, the applicable rules are those of his habitual residence (England). However, under English private international law, the succession of immovable property is […]
HOLDING A HOMEOWNERS’ ASSOCIATION MEETING IN A FOREIGN LANGUAGE
In a homeowners’ association where most owners are foreign nationals and the property manager is also foreign, the question may arise whether the meeting can be held exclusively in English. A judgment of the Spanish Supreme Court (STS, 15 November 2002) establishes that it is valid to hold the meeting in English instead of Spanish. […]
