Registering Property Problem....

[jenna m]

Appreciate some comments on this problem which seems to have developed in getting our property registered in our joint names.
Having bought over a year ago, I contacted Registry Office at Motril.
When I received no reply re nota simple I telephoned them and found out that there was a problem in the fact that I had signed and paid the initial deposit, then my husband and I signed on the completion day.
The Registry Office are querying the wording which needs to be changed.
The Notary has now moved inland to another town and has to be contacted by the lawyer ( as per the lawyer!).

On my last visit I signed some form to do with the IBI payment.
Should we be worried? We are due over next month for a short visit.
Thanks in advance. Jenna m

[Beachcomber]

You need to find out the problem with the wording then arrange for a notary to grant an 'escritura de aclaración'. This does not necessarily have to be granted by the original notary.

Did your lawyer not leave a contact number when the escritura was presented for registration so that he could be advised of just such an occurrence?

[jenna m]

Ineed I wondered that myself, Beachcomber. He had our telephone number too but seems very averse to using it or indeed writing to us.

Thank you for your advice - it now gives me something concrete to present him with if need be and will use another notary if there is no other option.

Who would be liable for the additional expense of drawing up the 'escritura de aclaracion as you suggested?

[Beachcomber]

Yes, you will have to pay the notary's fee but it would not be as much as the cost of the original escritura.

If you can find out from the property registrar exactly what is required the notary's clerk will draw up the escritura accordingly.