A homeowner in Málaga is fighting to stop a €210,000 property sale he says he never authorised. Credit: AI-generated illustration.
A homeowner in Spain is fighting to stop his house being sold for €210,000 after discovering that someone had allegedly arranged the deal without his knowledge or consent. The Málaga university professor says he has been summoned to a notary on October 21 to complete a transaction he insists he never authorised, while a purchase option has reportedly already been registered against his property. The extraordinary case raises concerns about property fraud and identity theft, particularly for UK and other foreign homeowners who own property in Spain, according to Cadena SER.
Málaga professor claims his signature was forged
Francisco Rodríguez Marín, a professor at the University of Málaga, first became aware of the alleged transaction in February, when he began receiving formal legal notices about a supposed agreement involving his property.
The proposed sale price was €210,000, which he estimates represents just 40 per cent of the home’s actual value.
Rodríguez Marín maintains that the signature on the documents was forged. He also says he can prove he was working at the university on the day the agreement was supposedly signed.
Disputed purchase option raises questions over property ownership
One of the most troubling aspects of the case is that an option to purchase the property has reportedly already been recorded in Spain’s Land Registry.
A registered purchase option can give someone certain contractual rights relating to a property, but it does not automatically transfer ownership.
The case has echoes of an earlier incident in Marbella, where an Austrian couple discovered their €320,000 beachfront property had been sold without their knowledge. That case involved allegedly forged documents and a disputed property transfer, which became the subject of a criminal investigation.
Suspected identity theft linked to earlier rental arrangement
Rodríguez Marín suspects the alleged fraud may be connected to an unsuccessful rental arrangement in Madrid involving his son, during which personal documentation was provided.
He believes information from that arrangement could have been misused to prepare the disputed property documents. However, the connection has not been established, and it remains unclear how the alleged fraud was carried out.
Identity fraud has also featured in other property investigations on the Costa del Sol. In August, police arrested a woman accused of posing as a lawyer in a €100,000 Marbella property scam. Investigators said she had used another person’s identity documents during the alleged fraud.
What UK and foreign homeowners in Spain can learn from the case
For UK residents and other foreign homeowners, particularly those who spend part of the year outside Spain, the case highlights the importance of knowing what is recorded against their property.
Owners can request a nota simple through Spain’s official Land Registry. This document provides information about registered ownership and certain rights or charges affecting a property.
Anyone discovering an unfamiliar entry should seek legal advice promptly to establish what it means and whether action is necessary.
Legal battle continues as October 21 deadline approaches
The next crucial date is October 21, when Rodríguez Marín says the disputed transaction is due to be formalised before a notary.
Whether that appointment will proceed remains unclear. The professor is seeking to prevent the sale, while questions surrounding the disputed signature and registered purchase option remain unresolved.