Entries by Gonzalo Calderón Chao

Do I have to open a bank account for buying a property?

Opening a bank account for buying a property in Spain is not necessary, but it is recommended for paying utilities, taxes, property related expenses, etc. It is also recommended for making the final payment upon completion. Nowadays, it is very complicated to make the payment through your lawyer’s bank account due to money laundering. Your […]

What is a procurador?

The procurador is the legal representative of the client before the Spanish Courts. The procurador is the link between the lawyer and the Court. It is mandatory to hire one in order to litigate in the Spanish Courts. He/She will be in charge of the communications with the Court. The procurardor will present the writs […]

Is the clausula suelo illegal?

Many clients wonder: is the clausula suelo illegal? This is a very common doubt amongst people with mortgages in Spain. “I am a little confused about the Clausula Suelo as it seems it was always an illegal clause. The European courts have ruled that banks should remove the clause and refund all monies to the […]

Heirs refuse to open and accept the Will

“I am named on a Will along with other family members, but after numerous years trying nicely, the other heirs refuse to open and accept the Will. What are my rights? Can I force the opening of the Will? Can I sell any of the assets if the Will has not been accepted?” This is […]

Decisión de la UE sobre la cláusula suelo

La polémica por el pago de intereses por la nulidad de la cláusula suelo comenzó en el momento en que nuestro Tribunal Supremo decidió declarar la nulidad de las clausulas suelo y en vez de reconocer la obligación de devolver todo lo cobrado indebidamente, lo limitó únicamente a partir de su Sentencia de Mayo de […]

Certificado de Empadronamiento in Spain

In Spain, there is a local record for people residing in a town. This local record is called Padrón and the proof that you are registered and residing in a town is the Certificado de Empadronamiento. If you are told that you need to “empadronarte” this means that you have to register yourself in the […]

GROUND CLAUSE: BANK’S NEW STRATEGY

The Spanish Supreme Court delivered recently a Judgement about ground clauses. After this Judgement, most Judges have cancelled almost 100% of ground clauses in the mortgages of the claims lodged into the Courts (provided that the grounds of the claim are that the client was not informed about the mentioned ground clause). After that, some […]