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Blog | April 22nd

Court 4 in Fuengirola voids 9 equity release mortgages taken out by British pensioners 

Esperanza Broz Martorell, presiding over Court of First Instance 4 in Fuengirola, has declared that 9 mortgage loans worth close to 4 million Euros taken out by British property owners with Chesire-based lender SLM are totally null and void and makes an order to the land registry for the removal of the lender’s charge. Additionally, the Court makes a specific order preventing SLM from claiming the sums advanced to the borrowers, who will not be therefore forced to return any sums.

At the request of the claimants’ counsel (Lawbird Legal Services S.L.P.), the Court accepted the cross-examination of various witnesses -lawyers who acted for SLM, former Hamilton’s Financial Services’ employees, an ubiquitous Mr. Sam Atkisons, current SLM director- and substantial contractual documentation as well…

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