29 Days to Homelessness – De Cotta, McKenna y Santafé

Sra. Reyes Gómez Llorente of  De Cotta Mckenna y Santafé sent me an email today which was a pleasant surprise. She did not answer my questions though but that was to be expected and she made it plain that she really does not want to talk to me. More later but first of all…

Thank you,  all of you, for your support. You know who you are so I won’t mention any names! Thank you

And now for the next episope you have been waiting for! I will start by telling you that I have located B. R. True Trauger in Madrid and am asking for his comments on the mistranslation of the word “respondent” in the English Court Order (see earlier posts if you haven’t kept up with the story) and watch this space for the answer.

Meanwhile, back to  Reyes Gómez Llorente of  De Cotta Mckenna y Santafé in Nerja.

To make this easier to follow I am publishing a sequence of e-mails from the last few weeks so you can follow the story as it unfolds. It involves three characters. Me, The Soon to be Homeless One, Reyes Gomez Llorente and the Buyer. It starts with a letter from me to Reyes Gómez Llorente.

 This a long post so get yourself a drink before you settle down to read this OK? 

 
Snr. Reyes Gomez,

I am writing regarding the case between Valerie Russell and Edward Kirwan.

I now have a buyer for the property, 1017 & 1018 Barranco Plano, Torrox, 29770
Malaga, Spain

Here are his contact details and the agreed price is € ///////////////

 ///// Buyer ///////

/////////////////////////////

Harrow

Essex

England

///////////////

 

  

The buyer is aware of the circumstances of the sale including the embargo and previous aborted and blocked attempts by me to sell the property. He is willing to proceed once the assurance of your client, Valerie Russell, has confirmed that she will allow the sale.

 

I understand that he travels in his business so e-mail is the best way to contact him in the first instance. 

 

As this matter is now thankfully drawing to a close, I include as an attached file the invoice for the expenses incurred on our joint property. I enclose my bill once again which I trust you will forward to your client and request her to respond.

 

   

Yours sincerely,

 

Edward Kirwan

BSc (Hons)

 

**********

Re: Reyes Gomez Valerie Russell Tuesday, 28 October, 2008 2:47 PM

From: “Reyes” <reyesgomez@decottalaw.net>

 

Dear Mr Kirwan,

 

Thank you for your email.

 

As I am Mrs Valerie Russell´s lawyer, I advice that I am not allowed to contact you, therefore, any communication that you wish must be done throught your lawyer.

 

If the people you say are really interested in the property you can pass them me email address for they contact me.

 

Regards

 

Sent: Friday, October 24, 2008 6:22 PM

Subject: Reyes Gomez

 

**********

Re: Reyes Gomez Valerie Russell  Thursday, 30 October, 2008 5:20 PM

 

From: “Edward Kirwan” Add sender to Contacts To: “Reyes” <reyesgomez@decottalaw.net>

 

Snr. Reyes,

 

Thank you for you e-mail. I have passed on your details to the buyer.

 

I must make one point clear to you. I am unable to afford a lawyer.

I do not have one therefore you need to correspond with me.

 

I trust you passed on my invoice to your client.

 

Sincerely,

Edward Kirwan

 

********** 

Reyes Gomez Valerie Russell    Monday, 3 November, 2008 8:33 AM

 

From: “Edward Kirwan”

 

Snr. Gomez Llorente,

 

 I have been in touch with Mr. Buyer over the weekend.

 

As with everything else in this case, starting with the divorce, I am the last one to know anything.

 

I have been to the court recently and they were unable to tell me when this property would go to auction. I have also been informed that once I raise the required sum to satisfy the court order you client will be struck off the escritura.

 

You on the other hand have told my buyer that… 

 

“I inform that there is a legal procedure issued in front of the Court and the 50% of the property will be sold by auction next month”

 

Therefore, kindly inform me where, when and with which auction house 50% of the property is being offered for sale and which 50% is being offered for sale. 

 

Over the weekend I have another couple, Mr. and Mrs. XXX, who are interested to view the property. 

 

A prompt reply will be appreciated.

 

Sincerely,

 

Edward Kirwan

 

**********

Re: Reyes Gomez Valerie Russell       Monday, 3 November, 2008 10:19 AM

 

From: “Reyes” reyesgomez@decottalaw.net

 

Dear Mr Kirwan, 

 

As I told to Mr Buyer your 50% of the property will be sold by auction next month, it means that Mrs Russel will not be removed from the Escritura, you will be.

 

 The only way to avoid the auction is that Mrs Russell is paid all the money before the 16th December. 

 

Regards 

 

Reyes Gómez Llorente

Abogada

De Cotta Mckenna y Santafé Calle Diputación nº 6, 2º

(29780) Nerja

Málaga

Spain Tel (0034) 952 52 70 14

Fax (0034) 952 52 34 28

Email: reyesgomez@decottalaw.net

Website: www.decottalaw.net

 

**********

 

 Re: Reyes Gomez Valerie Russell Monday,           3 November, 2008 10:32 AM

From: “Edward Kirwan” 

 

Snr. Gomez Llorente,

 

Thank for your reply.

 

Please also answer my question.

 

Where, when and by whom is the auction to be conducted?

 

Sincerely,

 

Edward Kirwan

 

****************************** 

Here are the letters between DeCotta Law and  Buyer (His name has been removed for his privacy and also because he is no longer an interested buyer…I WONDER WHY…)

 

If you have read this far…well done, get yourself another snack or coffee or whatever because there is more to come!

 

******************************

 Original Message —– From:  Buyer

 

To: reyesgomez@decottalaw.net Cc: nerjaenquiries@decottalaw.net

Sent: Friday, October 31, 2008 11:04 AM   Subject: Property in Spain

 

 

Dear Mr. Reyes Gomez,

 

I am writing to find out more about a property in Torrox belonging to Mr Edward Kirwan.

 

I have agreed a price to buy his property with him but I understand there are some complications regarding his former wife.

 

Will you please send me the details and the procedure.

 

Sincerely ,

 

Buyer

 

 

**********

 Fri, Oct 31, 2008 at 11:20 AM, Reyes <reyesgomez@decottalaw.net> wrote:

 

Dear Mr Buyer,

 

Thank you very much for your email.

 

 I am the lawyer of Mrs Valerie Russell, Mr Kirwan´s ex-wife.  I inform that there is a legal procedure issued in front of the Court and the 50% of the property will be sold by auction next month. 

 

Please, can you confirm the price that you have agreed with Mr Kirwan for the property?

 

Regards  

 

Reyes Gómez Llorente

 

Abogada

De Cotta Mckenna y Santafé Calle Diputación nº 6, 2º

(29780) Nerja

Málaga

 

 

**********

 

—– Original Message —– From:  Buyer

 

To: Reyes Sent: Saturday, November 01, 2008 9:58 AM   Subject:   Re: Property in Spain

 

Dear Mr. Reyes Gómez Llorente,

 

The price agreed is € /////////////////

 

Now I am confused with your letter.

 

How is half the property sold and how does this effect me if I go ahead with the purchase?

 

Am I able to purchase it all or is it divided with the cottage and the land.

 

Mr Kirwan said this as a possibility but it was not all clear to me.

 

Sincerely ,

 

Buyer

 

********** 

 

To: Edward Kirwan

—–Inline Attachment Follows—–

 

 

 

———- Forwarded message ———-

From: Reyes <reyesgomez@decottalaw.net>

Date: Mon, Nov 3, 2008 at 9:51 AM

Subject: Re: Property in Spain

To  BUYER <////////////////////////////////@gmail.com>

 

 

Dear Mr Buyer, 

 

Thank you for your email.

 

I inform that the property belongs to Mr Kirwan and Mrs Russell at 50%. Due to a debt that Mr Kirwan has to pay to Mrs Russel there is a Court case. The Judge has ordered that the 50% of the property that belongs to Mr Kirwan is sold by puclic auction on the 16th December. 

 

The full property consists of 4 piece of land in the Land Register, and the 50% of each will be sold by auction, it means that if somebody buys this he/she will become a co-owner with Mrs Russell. 

 

If you are really interested in buying the property I will have to comment with Mr Russell, I am not sure if she will be happy with the price. In the event that she is interested in selling the property to you at this or at different price, it is neccesary to deal with the purchase before the 16th December. I inform that my client is not cancelling the Court case if the Public Deed is not signed before the 16th December.

 

In the event that you decide to deal with the purchase of the property and an agreement is reached with my client, I suggest that you instruct a lawyer who acts on your behalf. If you wish a colleague from this firm can assist you. 

 

Regards

 

Reyes Gómez Llorente

 

Abogada

De Cotta Mckenna y Santafé Calle Diputación nº 6, 2º

(29780) Nerja

Málaga

Spain

 

Tel (0034) 952 52 70 14

Fax (0034) 952 52 34 28

Email: reyesgomez@decottalaw.net

Spain Tel (0034) 952 52 70 14

Fax (0034) 952 52 34 28

Email: reyesgomez@decottalaw.net

Website: www.decottalaw.net Our opening hours for the offices in Mijas-Costa, Nerja & Tenerife are:

9:30 to 17:30 Monday to Thursday.  Friday: 9:30 to 14:30

Nuestro horario de apertura para las oficinas de Mijas-Costa, Nerja y Tenerife es de

lunes a jueves de 9:30 a 17:30; viernes de 9:30 a 14:30

 

The Coin office is open Monday to Friday 10:00 to 19:00

La oficina de Coin está abierta de lunes a viernes 10:00 a 19:00

 

Offices in Coin, Mijas-Costa, Nerja & Tenerife

Oficinas en Coin, Mijas-Costa, Nerja y Tenerife 

 

 

 

 

 

 

******************************

 

 Did you notice that nice bit of advertising there? I can’t help wondering who in their right mind would want the same lawyer acting for both parties? And whose best interest is the lawyer going to serve; client 1, client 2 or their own? Or am I just a little cynical?

 

******************************

Let’s see what else is going on…

 

******************************

Reyes Gomez Llorente Valerie Russell   Friday, 7 November, 2008 12:45 PM

From: “Edward Kirwan” Add sender to Contacts To: “Reyes Gomez” <reyesgomez@decottalaw.net>Cc: “decottalaw” nerjaenquiries@decottalaw.net

 

Snr. Reyes Gomez Llorente,

 

I have had a rather disturbing letter from the potential buyer of my property. In fact he has sent me a copy of your letter to him.

 

I would like you to explain to me your words to my buyer:

 

 

1)   “The full property consists of 4 pieces of land in the Land Register, and the 50% of each will be sold by auction, it means that if somebody buys this he/she will become a co-owner with Mrs Russell.” ?

 

 

2) “The Judge has ordered that the 50% of the property that belongs to Mr Kirwan is sold by public auction on the 16th December”

 

 

Could you please enlighten me with the name of the judge and the official paper that states that “The Judge has ordered that the 50% of the property that belongs to Mr Kirwan is sold by public auction on the 16th December” ?

 

 

I do take it that you are familiar with the court order from Hastings stating that :

 

ii) the respondents solicitors shall have conduct of the sale

 

 

I do also presume your are aware of paragraph 3 from the court order:

 

The applicant do transfer to the respondent immediately upon payment of the lump sum and interest all her legal and beneficial interest in 1017 & 1018 Barranco Plano, Torrox.

 

 

I can only interpret that the letter to my buyer is an attempt to obstruct my efforts to honor my debts and unless you can inform me otherwise I shall act upon it as such…an obstruction to the sale of my property.

 

 

Sincerely,

 

Edward Kirwan

 

******************************

There was no reply to this email until today. It took a full 10 days and a personal visit to the office in Nerja to get this reply. 

 

****************************** 

 

Re: Reyes Gomez Llorente Valerie Russell  Monday, 17 November, 2008 3:04 PM

From: “Reyes” <reyesgomez@decottalaw.net>View contact details     To: Edward Kirwan 

 

Dear Mr Kirwan, 

 

Please, take note that I haven´t got any obligation of to respond your letter. I am sending this communication just a matter of cortesy. This is the last email that I am sending you. You must appreciate that I have been instructed by Mrs Valerie Russell, no by you.

 

I confirm that the legal procedure in front of the Torrox Court is going on correctly and there isn´t any mistake. I understand that it is quite difficult for you to understand all the legal procedure. 

 

If you have decided do not pay a lawyer for representing you, you must understand that I am not tasting my time in explaining you the matter. Tehrefore, don´t waste your time in sending me more emails. 

 

Thanks  

Reyes Gómez Llorente

De Cotta Mckenna y Santafé

 

Calle Diputación nº 6, 2º

Nerja

Spain

 

Tel (0034) 952 52 70 14

Fax (0034) 952 52 34 28

Email: reyesgomez@decottalaw.net

Website: www.decottalaw.com

 

Our opening hours for the offices in Mijas-Costa, Nerja & Tenerife are: 09:30 to 17:30 Monday to Thursday.  Friday: 09:30 to 14:30

Nuestro horario de apertura para las oficinas de Mijas-Costa, Nerja y Tenerife es de lunes a jueves de 09:30 a 17:30; viernes de 09:30 a 14:30

 

The Coín office is open Monday to Friday 10:00 to 19:00

La oficina de Coín está abierta de lunes a viernes 10:00 a 19:00

 

Offices in Coín, Mijas-Costa, Nerja & Tenerife

Oficinas en Coín, Mijas-Costa, Nerja y Tenerife

 

******************************

The spelling is original by the way!

 ******************************

 And there is more but that will have to wait for tomorrow or another day. For instance, why do I or anyone else not have any information about this “public auction” of my property? Why has Torrox Court not been able to find my name on their computer and how do you find out, register and bid at a “poblic auction” even if you did happen to know in was happening?

 

 

 I think a letter to Jon Sutton, Partner of De Cotta Mckenna y Santafé might be in order.