Triumphant court decision for British homeowners

HOLIDAY HOME: Was wrongly auctioned off.

A BRITISH couple have won a drawn-out legal battle against Mijas Council, which seized and auctioned off their home almost two years ago over unpaid taxes.

The couple, who live in the UK, first became aware that there was a problem when friends staying at their Mijas holiday home told them that people claiming to be the new owners drilled through the lock on the front door to gain entrance, lawyers explained.

Although the owners had informed the authorities when they purchased the home in 2002 that any official communication should go to a lawyer in Fuengirola, the council took the easy route and simply sent notices to the property itself, the judge declared.

Also, the €7,406 IBI property tax bill for 2009-2015 which was the reason for the embargo could have easily been settled as the couple had a Spanish bank account with more than enough funds to pay the debt.

Therefore, the judge at Malaga City’s number two administrative court declared the auctioning off of the house, for less than a third of the property’s value, to be null and void.

The case could set a precedent as there are approximately 80 similar cases under investigation at the Fuengirola courts.

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