41 Days to Homelessness

If you have not read the introduction to this whole saga please go and read this.

According to Reyes Gomez Llorente of DeCotta Law in Nerja, Malaga, Spain my half of my property will be sold at public auction. The date is the 16th of December. The place Torrox  Court, Malaga at 11am.

Here is a copy of the e-mail to me . 

Monday, 3 November, 2008 11:17 AM

Dear Mr Kirwan,

 

The auction will take place on the 16th December at 11.00 hours in Torrox Court.

 

The auction will conducted by the Judge and Court Secretary.

 

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

 

Any Bids?

This “public auction” has not been publicly announced anywhere that I or any of my friends or associates have seen.

I have been to the Court this morning, I have scoured the notice board and there are no messages. (Pictures to be published later) I have spoken with an employee dealing with the files of this case and he confirmed that no announcement was on the notice board and that there was no intention (nor it seems any obligation) to place any notification in any other place than on the notice board in the Torrox Court.

The question is…what constitutes a public auction in Spain or perhaps more specifically, Andalucia? 

Is this a Public Auction or a Kangeroo Court?

We wait and see…

Meanwhile…I found yet another buyer which is not an easy task in the present financial climate. I will not reveal the buyer’s identity. However, we struck a deal after I had explained the complications of buying this property. The following e-mail was forwarded to me for comment by this potential buyer…

From: Reyes <reyesgomez@decottalaw.net>
Date: Mon, Nov 3, 2008 at 9:51 AM
Subject: Re: Property in Spain
To: xxxxxxxxxxxxxxxxxxxxxxxx

 

Dear xxxxxxxxxx

 

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
Website: www.decottalaw.net

Hmm…? Would that put you off as a buyer? Probably. In my case I have yet to hear back to my response. 

BUT…more importantly, how does my debt constitute my ex-wife owning half the property? All I am trying to do, yet again, is to satisfy a court order. What I need is a buyer who’s bid will exceed the debt which would then leave me with a little with which to start again. So far all my buyers have been put off in one way or another over the years since the divorce settlement. Settlement? I’ld just like some peace back in my life!

NEXT POINT…

Who on earth in their right mind, as a stranger, would buy half of 4 pieces of property to co-own with a woman they have never met? Answers on a post card please.

So it leads to this question?…

Who might benefit the most from a public auction that no-one knows about and who could raise the funds to buy the 50% of the property?  Answers on the same postcard please (to save paper and postage charges!)