Friday, March 30, 2012

HOLY WEEK IN SPAIN


I am sure many of you will have watched the processions during Holy Week and wondered what the Spanish names are for some of the elements of the parades. Below are just some that I have discovered.
ANTIFAZ
The hood worn by some members of the procession. Penitentes wear just the Antifaz. Nazarenos wear both the Antifaz and the Capirote.
BANDA DE MÚSICA
The band that accompanies the processions.
CAPATAZ
Person who directs the Costaleros who carry the Paso.
CAPIROTE
Pointed or cone shaped hood worn by the Nazarenos which symbolises repentance and grief.
COSTALEROS
Persons carrying the Paso.
CIRIALES
Members of the procession dressed like priests carrying silver staffs with candles.
CIRIOS
Very long candles carried by Nazarenos.
CRUZ DE GUĺA
Cross carried in front of the procession of Nazarenos.
HERMANDAD
Is the brotherhood or members of a church who take part in the procession.
HERMANOS
Members of the Hermandad.
IMAGEN
Sculpture, typically of Christ or the Virgin Mary.
INCIENSO/INCENSARIO
Incense burned in metal containers (Incensario) hung from a rope or chain and swung about to disperse the scent.
LA MADRUGÁ
Starting late Thursday night/Friday morning. This is a series of processions which can run all through the night until the following morning.
MONAGUILLOS
Children dressed like Ciriales (Priests).
NAZARENO
Member of the Hermandad (brotherhood) dressed in a robe and a cone shaped hood to hide their identity. Colours of robes and hoods depend on the procession.
PALIO
Canopy supported by poles, or Varales which covers the image of the Virgin Mary.
PASO
Float with the Virgin Mary or Christ, decorated with candles and flowers.
SAETA
A serenade sung by one person to the imagen of the Virgin Mary. The Paso stops during the singing.
TÚNICA
Tunic or robe worn by the Nazarenos.
VARALES
Silver or gold poles supporting the canopy/Palio which covers the image of the Virgin Mary.

Friday, March 23, 2012

PROTECTION OF MORTGAGE DEBTORS


We have received this information from MARTINEZ ECHEVARRIA I PEREZ I FERRERO ABOGADOS and thought we would share it with you.
If you would like further clarification of this information please contact david.perez@martinezechevarria.com

Royal Decree Law 6/2012 of 9 March, on urgent measures to protect mortgage holders out of resources.

Object.

- Establish measures to ensure the restructuring of mortgage debt of those with special difficulties in meeting its payment;
- Relax the foreclosure proceedings.

To whom it applies:

- As a general rule, debtors located on the threshold of exclusion loan or credit agreements secured by real estate mortgage
- Will be generally applicable measures contained in Articles 12 (extrajudicial execution procedure) and 13 (preference for access to aid for tenants).

Threshold. Shall be considered located at the threshold of exclusion those debtors of credit or loan secured by mortgage on your primary residence, when they concur in all of the following:

- Must be the only house owned by the debtor
- Loan / credit granted for purchase without collateral or inadequate personal
- All members of the household must have no earned income or economic activities;
- Higher mortgage payment to 60 per 100 in net income of the household;
- Members of the family unit must lack of assets to meet debt and Mode accreditation requirements. It develops in the art. 3

Moderation of default interest. From the time that the debtor prove that is located on the threshold of exclusion, the applicable penalty interest shall not exceed the result of adding a remunerative interest on the loan agreed a 2.5 per cent on capital outstanding loan. This measure applies, though the financial institution has not signed the Code of Good Practice, as Article 4 that includes the regulation is independent of the Code.

Code of Practice.

Features:

- May voluntarily subscribe to credit institutions or any other entity, professionally, carries out the loans or mortgages;
- Published as an annex to RDL;
- Once signed, compliance is mandatory;
- Either party may compel the other to grant deed of novation of the contract, applying the provisions contained in the Code of Good Practice, with the costs borne by the applicant, the innovation will have the effects specified in Article 4.3 of the Law 2/1994, (no change in range of the mortgage, except increased responsibility or term);
- May be invoked before the courts by the affected party;
- Stay in the Code shall be for a minimum of two years, automatically renewable from year to year;
- The acquisition value of the home being financed must be less than the following limits:
- Cities of more than one million people: 200,000€.
- Over 500,000 or in metropolitan areas of over a million: 180,000€
- Over 100,000 people: 150,000€.
- Other: 120,000€.
- Will be applicable only to the member institutions, debtors and contracts referred to this Royal Decree, not walking its length, as a matter of policy or interpretation, to any other area, although, of course, the member institutions may matter purely discretionary implement the provisions of the Code of Practice to debtors or improve various provisions contained therein.

Procedure:
- Financial institutions should communicate their inclusion in the General Secretariat of Treasury and Finance, who shall publish the quarterly list in Electronic Office and the BOE.
- Monitoring will be conducted by a Commission of Control which is a representation of the Spanish Mortgage Association, the Bank of Spain, the National Stock Exchange and the Ministry of Economy who will chair the committee and have a casting vote .
- The Control Commission shall publish a yearly report on their compliance.
- May be introduced to the Bank of Spain claims arising out of any alleged failure by the banks of the Code of Good Practice, which will receive the same treatment as other claims processing and resolution which corresponds to said Bank of Spain.

Misapplication. The debtor would have benefited both the reduced penalty interest as the provisions of the Code of Practice without qualifying for it, or who willfully and deliberately, seek placed or kept on the threshold, will affect at least the following consequences:

- Be liable for damages that may have occurred for an amount not less than the benefit improperly obtained;
- Pay all costs arising from the implementation of these measures of flexibility.

Fiscal

- ITPYAJD. A new article 45.IB number 23) of the revised text:
"23. The writings of formalization of contractual innovations and mortgage lending to occur pursuant to Royal Decree Law 6/2012 of 9 March, on urgent measures to protect mortgage borrowers without resources, shall be exempt from the quota phase- the notarial stamp mode of this tax. "
- Increase in Value of Urban Land. A new paragraph 3 to Article 106 of the Act Regulating Local Tax:
"3. In transfers made by debtors within the scope of Article 2 of Royal Decree Law 6/2012 of 9 March, on urgent measures to protect mortgage holders out of resources, on the occasion of the payment in your housing provided for in paragraph 3 of Annex of that rule will be considered a substitute for the taxpayer taxable entity acquires the property without the substitute may require the taxpayer the amount of tax obligations met. "
- Income tax. It adds an additional provision to Law 35/2006 of 28 November:
"Thirty-Sixth additional provision. Foreclosed housing. Shall be exempt from this tax the capital gains that could be generated in the debtors within the scope of Article 2 of Royal Decree Law 6/2012 of 9 March, on urgent measures to protect mortgage borrowers without resources, occasion of the payment in your home under paragraph 3 of Annex of this standard. "

Tariffs. The notary and registration duties arising from the cancellation of real rights in cases of mortgage foreclosed mortgaged debtor located in the threshold for exclusion of this Royal Decree-law, give a bonus by 50 percent. The debtor shall not bear any additional cost of the financial institution that purchases mortgage free of charge, ownership of the property mortgaged before.

Extrajudicial execution procedure. This reform is of general application and not only to debtors included in the threshold of exclusion, but only affects cases where the procedure taken against a debtor's residence:

1. The realization of the value of the property will take place through a single auction for that type will be that agreed in the memorandum of mortgage. However, if you submit a bid for an amount not less than 70 percent of the amount by which the good would come to auction, means the property awarded to whoever presents the best position.
2. When submitted the highest bid is less than 70 percent of the type referred to the auction, the debtor may file, within ten days, the third to improve posture, offering more than the 70 percent of the appraised value or, even less than this amount is sufficient to achieve complete satisfaction of the right of the performer.
3. After the said period expires without the debtor of good conduct as provided in the preceding paragraph, the creditor may, within a period of five days, the award of the property or properties for an amount not less than 60 percent of the appraised value .
4. If the creditor not to make use of that authority, means the property awarded to who has submitted the highest bid, provided that the amount you have offered over 50 percent of the appraised value or, still less, cover at least the amount claimed for all items.
5. If the act of the auction no bidder has not, the creditor may, within twenty days, request the award in the amount not less than 60 percent of the appraised value.
6. If the creditor fails to make use of the option referred to above, shall be governed by the provisions of Article 236 n. Regulation of Mortgage (if there should remain deserted auctions held and the creditor fails to do the right goods procured executed, the Notary will terminate execution and close and formally registered the minutes, which opened to the courts that apply).

The reform is to adapt this procedure a set of rules (Articles 234 et seq of the Mortgage Regulations, which refers to art. 129 LH) to the reforms of the Civil Procedure Act that affected their Article 670, 671 and later additions Sixth Additional Provision.

Now, the possibility of three auctions now limited to cases where the property is not the debtor's residence.

But even after this reform, it awards for bids to cover the amount claimed, but this was ridiculous (paragraph 4), also by the creditor, if he acted as a bidder.

Monday, March 12, 2012

MOTHERS DAY


"Mothers of teenagers know why animals eat their young." ~ Author Unknown

"Mothers are all slightly insane." ~ J.D. Salinger

"I want my children to have all the things I couldn't afford. Then I want to move in with them." ~ Phyllis Diller

"There is only one pretty child in the world, and every mother has it." ~ Chinese Proverb

"It takes a woman twenty years to make a man of her son, and another woman twenty minutes to make a fool of him." ~ Helen Rowland

"The most remarkable thing about my mother is that for thirty years she served the family nothing but leftovers. The original meal has never been found." ~ Calvin Trillin

"A suburban mother's role is to deliver children obstetrically once, and by car for ever after." ~ Peter De Vries

"It would seem that something which means poverty, disorder and violence every single day should be avoided entirely, but the desire to beget children is a natural urge." ~ Phyllis Diller

"All women become like their mothers. That is their tragedy. No man does. That's his." ~ Oscar Wilde

"A mother is a person who seeing there are only four pieces of pie for five people, promptly announces she never did care for pie." ~ Tenneva Jordan

"You don't really understand human nature unless you know why a child on a merry-go-round will wave at his parents every time around - and why his parents will always wave back." ~William D. Tammeus.

"Working mothers are guinea pigs in a scientific experiment to show that sleep is not necessary to human life." ~ Author Unknown

“Any mother could perform the jobs of several air-traffic controllers with ease." ~ LisaAlther

"My mother had to send me to the movies with my birth certificate, so that I wouldn't have to pay the extra fifty cents that the adults had to pay." ~ KareemAbdul-Jabbar

"My mother had a great deal of trouble with me, but I think she enjoyed it." ~ Mark Twain

"My mother's menu consisted of two choices: Take it or leave it." ~ Buddy Hackett

Thursday, February 23, 2012

FRANK “IT’S THE WAY I TELL EM” CARSON HAS DIED AGED 85


Belfast born comedian Frank started out performing in local pubs and concert halls. He got his big break on the TV Show ‘Opportunity Knocks’ in the 1960s and then went on to take part in TV show ‘The Comedians’.
Described as “one of the nicest people in showbiz” Frank also worked tirelessly for charity.
Below are just some of his jokes and as he would say ‘IT’S A CRACKER’.
 Paddy calls a wrong number at 3am. "Is that O'Malley's Bar?" he asks. "No it's not, this is a private residence." "Oh, I must have the wrong number. Sorry to have troubled you," says Paddy. "Ah it's no trouble," says the stranger. "I had to get up to answer the phone anyway."
 My father fought in World War I single-handedly destroyed the Germans' lines of communication. He ate their pigeon.
 A fella said to the doctor: “What’s the good news?” “You’ve got 24 hours to live.” He says: “What’s the bad news?” And the doc says: “We should have told you yesterday.”
 An Irishman's wife gave birth to twins. Her husband demanded to know who the other man was.
 A fella walks into a pet shop and says: “Give me a wasp.” The shopkeeper replies: “We don’t sell wasps.” He says: “There’s one in the window.”
 A fella walked into hospital and the doctor said: “You’ve got three minutes to live.” The man said: “Can you do something for me?” “Yes,” he said. “I’ll boil you an egg.”
 Have you heard about the Irishman who reversed into a car boot sale and sold the engine?
 I don't think my wife likes me very much. When I had a heart attack she wrote for an ambulance.
 I rang British Telecom. I said, “I want to report a nuisance caller.” He said: "Not you again.”
 My wife said to me: “If you won the lottery, would you still love me?” I said: “Of course I would. I’d miss you, but I’d still love you.”

Wednesday, February 8, 2012

Alhaurin el Grande - Living life to the full in a typically Spanish town


Having spent a third of my life living in Alhaurin el Grande I am obviously qualified to talk about this amazing market town, so strategically positioned that by car anyone can be in Malaga, Marbella, Fuengirola, or Torremolinos in less than half an hour. Check it out on Google if you don’t believe me!

Off course it was not always like this. In 1988 when I bought my first home in Alhaurin el Grande it used to take me one hour fifteen minutes to get to the airport, and yes I did have a good car.

The views of the Guadalahorce valley from almost anywhere in Alhaurin are breathtaking and if one is lucky enough to live on the east side at the foot of the forest the views stretch as far as Malaga bay. On clear winter days one can see the cruise ships sailing in and out of the harbour.

The history of Alhaurin can be traced back to Roman times when the hills (Sierra de Mijas) were populated by huge oak trees, highly valued by the Romans for their boat building industry.

The total population is around 25,000 of which 20% are foreigners, British, Dutch, and Scandinavian. In fact most of Europe is represented, as well as a good proportion of South American states.

There is no shop, bar, restaurant or house for that matter where a foreigner is not made welcome. The Alhaurinos hospitality is legendary and at first it may seem overwhelming until one realises that every visitor is treated the same. The exception to this rule is when a foreign visitor tries to change what the locals see as important aspects of their culture like bullfighting, personal questions about the civil war, questioning the need for their religious processions etc. These things and many others are considered sacrosanct and not worth talking about with someone who does not see it the way they do. Having said that his year the Mayor has banned the traditional ‘cattle race’ through the town’s streets during the Feria (local celebrations). The Mayor made this decision because he deems it to cruel to the animals. This is a real progressive decision which seems to have been accepted without to much protest.

My very first meal in Alhaurin was a dinner at Casa Paco and it’s still there serving good fish six days a week. In 1988 it was one of three restaurants. Today there are more than thirty restaurants including an Indian, Chinese, Italian and even a traditional English fish and chip shop.

My favourite place is Finca la Mota a 12 bedroom hotel with a lovely restaurant. The hotel is only a few kilometres from the town centre and well worth a visit. It is Dutch owned with a German chef who can cook just about any dish in the world better than they would in the country of origin. Yes even Paella! www.fincalamota.com.

There is enough nightlife in Alhaurin to satisfy the most demanding ‘ravers.’ I am told that the fashion this year is Music bars from techno to country and anything else in between. When the night is over you can have breakfast in ‘Bar Dany’ another institution open 24 hours per day for 11 months of the year.

For those seeking sports facilities, Alhaurin is second to none. The Municipal Sports Centre boasts indoor and outdoor swimming pools, tennis courts, paddle, football 7, basketball and much much more. From 7:30 until 22:30 the centre is a bee hive of activities.

For golf lovers like me there are two great courses only 4km from the town centre and 52 more within half an hours drive in almost any directions. www.alhauringolfresort.com. www.laurogolf.com.

Alhaurin el Grande is not immune to the present economic crisis effecting most of the western world, but its people, friendliness, the great weather and peaceful surroundings make this particular difficult period more bearable.

Of course for anyone wishing to buy a property now is the time. Prices are rock bottom and people (those affected most by the crisis) are willing to negotiate. Others would not sell their property for anything in the world because they could not find another place like Alhaurin el Grande anywhere in the world.

Monday, January 30, 2012

Spanish Property Update


After 30 years of indiscriminative building in the countryside and hundreds of thousands of properties being sold mainly to foreign buyers who contracted lawyers to ensure that their investments were guaranteed by the correct paperwork, only to discover that a law that came into effect retrospectively in 2002 made their homes illegal and therefore unsellable.
Owners of these “illegal” properties in Axarquia and Guadalahorce Valley were promised a quick and fair solution by the Regional Government of Andalucia in 2005 when it proceeded to carry out an inventory of the affected properties town by town, village by village in alphabetical order. As it was to be expected the inventory was never finished and it only served to prosecute dozens of Mayors and officials for corruption and negligence, thus creating an even bigger problem of credibility as far as would-be investors in this region are concerned.
Six weeks ago the news that the Regional Government was going to legalise 60,000 country properties was leaked to the media only to be rectified by the Government this week who said that the new decree will legalise 10% of these rural homes. This will leave 80% in limbo although they would be subject to IBI (rates) which the majority of them already pay. The remaining 10% to be demolished.
This decision is an insult to the citizens of the Costa del Sol and Andalucia in general. I am personally outraged at the way these inept politicians have dealt with this problem of their own making and totally echo the statement of the president of SOHA, Philip Smalley when he said to the press “we do not know what to do next except wait for a change of Government (which hopefully will be on the 25th of March 2012) because the present one has demonstrated after six years of talking we now realise that they have not listened to anything we said.”
To summarise we live in Paradise, fantastic beaches, great countryside, beautiful and hospitable people, good infrastructure and of course the best climate in Europe. All we need is a few good laws which we can all abide by and a new Government made up of politicians who work for the people and not what we have now which is a band of corrupt, inept and proponent imbeciles. If on the 25th of March we get rid of this lot it will be the beginning of a new and more prosperous and happy Andalucia.

Thursday, April 21, 2011

Good Deals to be had for Spanish Property



Do you want a holiday home, or a permanent home in Spain? If you do then now is the time to start your search as there are a great number of properties for sale, approximately 1 million and the expectation is that prices will continue to drop this year.

Good news for those looking to buy, not so good news for those selling private homes or developers.


The Spanish National Institute of Statistics show that house prices are dropping. In the third quarter of 2010 residential properties fell 2.2 percent compared to figures from 2009. Also new property prices and re-sales are also on the decline with a 2.6 and 1.8 percent decrease year on year.


In view of the economic crisis it would appear that sellers now know that they have to be more realistic when putting a value on their properties. Many more owners are willing to enter into negotiations as the want a quick sale.


The prediction is that house prices in Spain may continue to fall for another two years, so investors locally and abroad are watching what is happening in Spain and some have already made some key investments already.

http://www.propertysearchspain.com/en_benalmadena-costa-spain-apartment-2-bedrooms-1-bathrooms-131000_prop_525.html