The First Instance Court number 6 of Orihuela has ruled a judgment in favour of a Belgian client of Carlos Baño Leon Spanish Lawyers in his claim against an important developer of the area of Torrevieja and Orihuela.
As we have said many times, when the termination of a purchase contract is requested and the refund of the paid money is demanded, it is very advisable to request also the preventive seizure of the house matter of the proceeding when there is not a bank guarantee.
If the judge accepts this seizure, it means that for the developer it is almost forbidden to sell the house, because no one is going to purchase this house knowing that he/she may be liable for the claimed debt.
This measure is a relief for our Belgian client, since it is always assured that if the Court says that he is right in the trial that will be held, he will collect the claimed money because the property will take responsibility of such debt.
Preventive seizure

It is necessary to meet two requirements so that the judge accepts this preventive measure.

The first one consists in having evidence of good rights in the complaint, that is, the judge sees the complaint serious, authentic, well-founded and well-proved. The second requirement is that the judge thinks that there is a risk that during the proceeding the real estate may be lost or receive other liens for the case that there is not a seizure on it yet. This case would clearly prejudice the claimant who, having obtained a favourable judgment has no way to enforce it because the debtor lost or sold the said property.

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