Any lawyer/someone with experience who could be kind and help explain the squatting rights in Spain please

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17 May 2011 00:00 by ukhcc1 Star rating. 43 posts Send private message

we have bought a property from Atlas/Technologia urbanistica in 2003 in los balcones, we waited 3 years with no communication whatsoever, we visited the site in 2005 ro fint it empty, after strong battle with Atlas/technologia we were allocated a new duplex in las filipinnas 4 where work was already underway and was promised completion in 2006, the developer overshot the completion date by 1 year but when we came to completion, we did a snagging list and there was issues with the appts but also with the development left as a construction site, however Technologia wanted us to sign with thier bank banco popular and we insisted to sign with our bank CAM which were waiting for documents to sing a mortgage but never came, we got a letter from technologia to pay 9000 euros becasue we have not completed with thier bank, our solicitor wrote thru a notary a letter explaining why we could not complte as bank does require certificate of habitacion or something and developer does not have it etc... we dicided to sue for breach of contract. it is now 2011 and we lost 46000 euros, property sort of ready but no documents and no developer to deal with, court date still outstanding not sure to when...... and we would like to know if  ther is any squatting rules ( IN/OUT)we should observe or beaware in order to live in an empty property with no developer to claim it and us purchasers wanting it.we do not belive that a satisfactory conclusion will be the outcome from the court, we will not get our money for sure let alone the appt so we would like to SQUAT IT.

please please help with your advice.





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17 May 2011 17:01 by mariadecastro Star rating in Algeciras (Cadiz). 8150 posts Send private message

mariadecastro´s avatar

 You can squat it  but if the Bank enforces the mortgage rights it has on the development and sell it to a different person, you will have no rights at all.

I would advise you to claim against the Bank which received your deposits out of provision 1.2 of law 57/68.

Thanks,

Maria



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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17 May 2011 17:42 by ukhcc1 Star rating. 43 posts Send private message

Hi Maria,

first of all thanks for your prompt advice, however it seems that everyone have rights spanish government, spanish tax office, spanish law, spanish lawyers, spanish developers, spanish notaries  spanish banks etc....... over us but we don't see to have any rights over them.

 

why would a spanish bank such as bank popular want to sell the property again ( who in his state of mind want to buy a spanish property now anyway) to someone else so that they can claim a mortgage right. have we not have right of bank guarantee over them to rogued developers. why is the legal system, governemnt closing thier eyes or do they think we so wealthy in the UK that we can still survive the hit.

the law you mentionned is on paper sadly, in action no one i have read off got his money back from any banks CAM, BP, CAIXA ETC... the legal system is very slow, the legal outcome varies from village to village, morover if the outcome is positive from a certain good sensed judge, it is impossible to enforce it as all developers run way (funny they all gone) but banks also are crying that they do not have money and who can force them to pay up. government? ABSENT  Law? SLOW and no real power. European Community? CORRUPT BUREAUCRAT.

we have no money to put into a big spanish hole, we already lost 46000 euros, our property is standing there but we cannot complete it, we are deseperate to find a way to get even SQUATTING , by the way Squatting Our own contracted property. I AM SURE IT IS NOT ILLEGAL. we just need someone to show us the way, could it be you Maria.





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17 May 2011 17:54 by ukhcc1 Star rating. 43 posts Send private message

Hi Maria,

My so called NOW solicitor cannot even get me a hearing date since 2007 let alone fight a bank for a refund.

i spoke to him and he said that we cannot claim against the bank as we did not ask them for a bank guarantee certificate in the first place, But reading through other people comments even with bank guarantees, buyers coudn't get refunds and banks suppose to give bank guarantees under the law you mentionned

so you telling me that we should claim against the bank is not promising, motivating or concretly faisable from what i read in this web and other petitions signatures comments and certainly we do not have more money to drop into the big spanish dream turned nightmare.

and what would increase confidence in us brits loosing huge amount of money is to get lawyers (DECENT)  to take up cases based on a NO WIN NO FEE and bombard the leagal system with cases to resolve somehow and put judges and legal system under pressure to deliver or break and that this decent solictors will make a lot of money from resolved cases as it will motivate us buyers to pay much more when we know there will be a result.

here is my offer Maria,and all good solictors, you get me back my 46000 euros and i am willing to pay at the end of a successful collection of the money 16000 euros.

we just want to turn the page around and move on, anyone could help.





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23 May 2011 19:56 by Cove Robert Star rating. 216 posts Send private message

 Hi uk

Just out of curiosity, did you get some response to your offer?





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24 May 2011 17:12 by ukhcc1 Star rating. 43 posts Send private message

hi Cove robert,

i have not got any feed back from Maria or any other lawyers reading my comments? i wonder why?





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24 May 2011 17:13 by ukhcc1 Star rating. 43 posts Send private message

Hi Maria,

any comments or feedbak to my posts?





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24 May 2011 17:29 by Cove Robert Star rating. 216 posts Send private message

 That is a shame. One should think that your offer is extremely generous and potentially very lucrative for an enterprising lawyer.If I am not mistaken the sum would be around twice the going rate, in itself a proud amount. Thank you for your answer. I wish you all the best and a happy outcome to your problems. Did you try and cast your net wider? I can't believe there are no takers somewhere.





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24 May 2011 18:19 by ukhcc1 Star rating. 43 posts Send private message

Hi Cove,

it is 2.5 times of they are asking for now with no guarantees to deliver the funds into your bank account.

surely, if there is such a thing about winning cases, lawyers would want logically to earn 2.5 times thier comission. it is a very good proposition. who will take it????





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