‘How can this be happening – it just seems so unfair’
A British expat mum and her son have been left homeless after Spanish officials sold their home at a fraction of its value to pay off a mere €4,000 euro debt owed by her ex.
Victoria Jenkins has lived in Marbella for 22 years, while 13-year-old son Sam Cohen was born in the location popular with British holidaymakers.
But despite this, Jenkins was served an eviction notice after authorities sold off her £280,000 (€320,000) property for £24,400 (€28,000) at auction.
Jenkins purchased the two-bed flat in Riviera del Sol with her ex-partner for £235,500 (€270,000) and had no mortgage or other debts against it.
She is not the only victim of an alleged property seizure scandal, with a string of other homeowners claiming to have also been targeted in similar circumstances.
The scandal has led to campaigners calling for officials and a former mayor of the town to be investigated by police.
After paying the €4,000 debt, officials also kept the remaining money from the sale claiming it was used to pay legal fees, leaving Jenkins and Sam with nothing – not even the child maintenance she had previously been awarded by a court.
When they were evicted, six men – including two police officers, two town hall officials plus the new owner and his friend – arrived at the flat to force them to leave, Jenkins said.
She had since been staying on a friend’s sofa with Sam since October 5 last year while she battles the Andalusian courts for answers.
In November 2020, the 37-year-old was served with an eviction notice and told her apartment had been sold by the town hall to recoup unpaid ground taxes of just €4,000 owed by ex-partner Lee Cohen, who officially owned the property.
Jenkins said she was not notified her of the debt or of the sale of the flat, which actually took place in 2015 behind closed doors.
Jenkins said the first she knew about the sale was when a final eviction notice was served ordering her to leave the property by April 15, 2021.
After a lengthy legal battle, Jenkins was finally allowed by the court to see her case file and discovered eviction notices and letters about the sale were being sent to the wrong address.
Jenkins claims this was done deliberately and is part of a wide-ranging scam by town hall officials to snatch properties from vulnerable residents under false pretences by selling the homes at reduced prices.
“I have had the same address, email and phone number the whole time I’ve been in Spain. All the court documents have the correct address, but the notifications were sent to one that doesn’t exist,” she said.
“Because it looked like I was not responding, the judge automatically ruled in their favour without me knowing about it or being given a fair hearing or chance to put my side and legal documents forward.”
Jenkins continued: “How do people get an invite to attend a closed auction? Why can no one answer that question to start with? I’d love to buy a home worth €320,000 for €28,000.
“There were other homes with much higher debts than €4,000 at the time my home was sent to auction. These homes with higher debts were not auctioned. Why is that?
“The only difference I can see is that my home had the mortgage completely paid off and the others did not, so there was a massive difference in equity and what was to gain.
“We have had our home sold from underneath us and we have not been given a penny, despite there being hundreds of thousands of euros in equity in the home.
“How can this be happening – it just seems so unfair. What about my son? He’s lived here his whole life, he goes to school here.”
Jenkins said she had not heard from her ex since he left her and their son in Spain to start a new life in Indonesia in 2012.
Through the Spanish courts, Jenkins had previously obtained the right to stay in the apartment until their child turns 18.
She believes local politicians have taken advantage of her position to swoop on the flat as the force of sale was put on the property by the ex-mayor of Mijas, Angel Nozal. With no social housing, the only help the authorities gave was to offer to put Sam into care.
The desperate mum was told by Spanish authorities to apply for emergency financial assistance, but a year on has still not received a penny.
“I feel defenceless, bullied, unable to protect my son, anxious and scared. I’ve never felt so harassed and helpless. I don’t understand why my child’s legal rights have been ignored,” Jenkins said.
The mum is now taking the case to a tribunal at the Supreme Court in Madrid, but it could be years before the case is heard.
She added: “We were kicked onto the streets in the middle of a world pandemic and left with nothing over a €4,000 debt.
“I just tried to give my son the best upbringing, but I can’t spend enough time with him because of all the pressure of what’s going on. It’s just horrible.
“My son only gets one childhood. I don’t know how we are going to manage now.”
A Fuengirola court in 2015 gave Jenkins full child custody, the right to stay in their home until her son turns 18 or for alternative accommodation to be provided.
Jenkins warned other Brits of the dangers of investing in the region, as other expats have also fallen foul of similar legal problems.
She said: “There are all the TV shows showing people buying homes in the sun, especially in this area, but no one sees what happens to them afterwards and I feel there should be a strong warning to people thinking of investing any money in the Mijas Costa area until the people in authority are looked at.
“It is an area massive with tourists and people hoping to start a new life. I have seen so many people come and have sold their homes back in the UK to invest here, only for 12 months later to leave with nothing. It is heart-breaking.”
Former mayor Nozal testified in court in 2016 over the forced sale of a couple’s home – worth €368,000 and sold for €110,000 – over a €20,000 debt.
The same year, the Andalusian regional parliament launched a probe into Mijas town hall’s process of auctioning off properties embargoed over tax debts during the period from 2010 to 2015.
That investigation is still ongoing. Some cases involved homes that were allegedly seized over minor debts and sold off quickly at majorly discounted prices.
Locals have dubbed it the ‘Official Scam’ as it is allegedly being carried by the authorities.
Local media reported that in 2015 a British couple’s €250,000 home was sold for €80,000 without their knowledge, also over a €4,000 tax debt.
These cases led to the former mayor, the ex-head of the treasury and a tax collector at the town hall potentially facing criminal investigations.
When asked why these auctions were being carried out despite the former mayor being investigated, a spokeswoman for Mijas Town Hall said she believed the last sales were “carried out between 2012 and 2016”, but did not know the exact date.
She claimed the auctions were not being carried out in “secret” and were “in accordance with the legal guidelines”.
The spokeswoman added that information about the auctions is published and is publicly accessible, but could not say where and how this information is available.
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