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Tuesday, June 03, 2008
BSS5
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We have had problems getting the bank to pay out on our Bank Guarantees on two apartments at Santa Maria Greenhills has anyone had success please? They are in the lower blocks.
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03 Jun 2008 9:56 AM
mariadecastro
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What is the excuse of the Bank this time? 
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Maria L. de Castro, JD, MA
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03 Jun 2008 10:13 AM
BSS5
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Unfortunately the judge has understood that the dwelling is already finished and should we wish to claim from all the illegalities of the complex, we need to sue the developer instead of the bank. The main problem is that the judge has the wrong opinion that the bank guarantee only covers the delivery of the property when it covers the legality of the complex and the Habitation Licence as well.
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03 Jun 2008 10:14 AM
Tish
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BSS5,
There are many people trying to get their deposit back from Green Hills. ...with and without BG's. Have you been to court and won your claim against the Bank?
We bought on the upper level, and as you know it was not built. We still had to go to Court, the bank appealed the Judges decision to pay us our money and so we had another court case. We eventually got our money back.
We formed a group of about 40 people. As far as I know, very few , if any have been succesful . Several are going to appeal but it is a long drawn out system. Our lawyer said to us that there are always cases being heard in the courts from GH. You wouldn't believe the reasons the Judge gives why he says people must complete.!! It is corrupt ,right to the top of the judicial system.!
As you bought two apartments the Judge would probably say that you were an investor and just in it to make money, so you have to complete. Just one of the outrageous reasons given.
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03 Jun 2008 11:01 AM
mariadecastro
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Ask your lawyer to appeal that decission, there is Court Case Law to back your petition.
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Maria L. de Castro, JD, MA
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Director www.costaluzlawyers.es
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03 Jun 2008 11:21 AM
BSS5
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Thanks Maria, my husband is down in Spain today so I will pass on your message
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03 Jun 2008 11:25 AM
Tish
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The main problem is that the judge has the wrong opinion that the bank guarantee only covers the delivery of the property when it covers the legality of the complex and the Habitation Licence as well.
Maria, Why do the judges not know, understand or uphold the laws of Spain? If you know them ,why don't they?
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03 Jun 2008 11:42 AM
BSS5
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Exactly! One does wonder where the corruption starts and ends?
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03 Jun 2008 6:55 PM
mariadecastro
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Judges fail as we lawyers fail as we all fail.... That is why appeals are for.
Who think justice is perfect?
I do not want to justify corruption in any field or level... but not everything is about corruption.
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Maria L. de Castro, JD, MA
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03 Jun 2008 8:22 PM
Tish
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Maria, I think it is corrupt when a judge orders people to complete on an illegal development which Green Hills is and says it is not the developers fault! It IS the developers fault. They bribed Jesus Gil in order to build apartments instead of townhouses.! The architect from Marbella Town Hall went to the Court and told the Judge that GH was illegal...still the Judge ruled in favour of the developer. If that doesn't smack of corruption, what does?
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03 Jun 2008 9:02 PM
Just Dan
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Hi BSS5
Think you may find that however the corrupt way the licence was issued it was issued.
This is one of dozens of developments in similar or indeed much worse situations
The Banks wont pay and the developer is on his uppers so you may very well loose the deposits anyway (pretty soon if the last A.G.M is to be believed)
As Tish says (Hi Tish ) There is liitle justice here or most other developments and the fact that you went for 2 doesnt help your cause (how dare you try to invest your hard earnt money in Spanish property)
The fact is they are saying that you joined the corruption alongside the greed in pursuit of money so your guilty as the rest.
What sort of message is Spain sending out to the world when in future people or businesses wish to invest in the future.
Wish you all the very best in you pusuit of justice however my faith in justice in Spain is not confident that results will follow.
Just Dan
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22 Jun 2008 11:31 PM
tchowdry
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Hello
I am a new user, and bought in Block 10 of Greenhills. This has been built but was not granted a Habitation Licence. I have spent 6.000 € plus vat on Legal fees to try to get my deposit back ...
I have now been told my my lawyer ''and now everything is pending to receive confirmation from the town Hall about the Habitation Licence and the judgement to be granted''
I understood the Habitation Licences would not be granted therefore the developer was obliged to return the deposit ...
Tahir
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23 Jun 2008 8:06 AM
BSS5
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As I mentioned in my earlier postings we went to court and the judge made a judgement that the developer was responsible not the bank as the apartments were built. However, we have appealed and evidently a similar case has been won, as the bank guarantee states the opposite to the judge, so we are keeping our fingers crossed. Do you have a bank guarantee?
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04 Aug 2008 7:37 PM
Robert H
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When dealing with Marbella properties, the judges are very careful, as there are 30.000 properties just like Green Hills. I think they are buying time till the new PGOU is approved, which should finally legelase a lot of these properties. So they have to take a lot of large issues into account: The financial future of lots of developers, already a branch under lots of pressure, the local unemployment rate, the Marbella economy etc. So they may seem in principle to rule in favor of the developers, but also know that with the lengthy appeal systems and summer hols, they are not too hasty.
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04 Aug 2008 8:07 PM
Just Dan
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Reality is
The courts cant rule in favour of the purchasersbecause mass claimswould result in developers, more important the Marbella Council/ and Banks crashing almost over night.
It will all be manulated to save an econonomy thats heading for dire trouble already
Bloody stinks that the law that was there to protect be abused in this way and feel the only delay in issuing licences is that they are trying to get rewarded for allowing the corruption to have happened in the first place.
This corruption will mean Marbella will be the first out of the s--t with many areas in Spain may never get results
WHY ? BECAUSE MARBELLA MAKES THE NEWS,
Just Dan
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04 Aug 2008 8:51 PM
mariadecastro
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Judges are independent from executive power... let´s keep believing in and hoping that... because it is not untrue. Some of them are not, but.... I know of many of them who are good independent Judges.
Just a simple statement I know but.... simple things need to be reminded sometimes.
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Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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08 Sep 2008 5:10 PM
Logan
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Hi
Has anyone got an update on Greenhills? We are totally on our own with this one! we purchase in block 10 and paid 109,000 deposit. Our Spanish lawyer keeps advising us not to go to court as so many cases are being lost and we have only recently discovered that the bank gaurentee is NOT in place!!!! Has anyone got honest advice about what to do?
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08 Sep 2008 5:20 PM
BSS5
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Hi We have appartments on Greenhills and are at the moment waiting for our case to come up with Malaga Court. We have guarantees.
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08 Sep 2008 6:23 PM
Just Dan
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Logan
Think you mat have to listen to your solicitor as with no bank guarantee then even if you win getting any money will be another thing
BSS5
Well at least your in with a shout however should you win ( sadly not many if any have) then be prepared for appeals as the banks appear to say sod off and take us to court..
Now the development is finished ? so job done as far as the guarantee is concerned.( well what forms completion of the property in law and what happens in court can be very different)
Unless the development was or is deemed illegal thats where the lottery will start in what Judge you get( Now licence for phase 1 + 2 were suppoed to be 1 licence and Phase 1 was revoked
So now they say it was two different licenecs and 2 was never revoked,however feel that records just may have been altered
If the judge goes with the bank i,e the A.S rule then be prepared to have to pay their costs. Loose and the developer may try to claim back dated interest from when it was deemed you should have completed.
However as can be seen,someone has had a result on Los Lagos (simliar situationNot the first )but that wasnt in Malaga Courts.
What will happen if the devleloper goes belly up and whats keeping him going so far I havent a clue but it doesnt read pretty but this has been said for a long while now.
When he does my personal opin io and that of my solictor is that there will be very good sales being a mininmum of 30% discounts amounting to the depsits lost.
Really wish yoy all the best in getting the judgement
P.S You say properties ? Oh bugger that could come home to screw you as they may just say you were an investor and you lost out on an investment like everyone else.
You were an investor were you not 
Silly you,didnt anyone tell you that they change the rules and if they loose you loose .If they win then you still loose if it suits them
Just Dan
This message was last edited by Just Dan on 9/8/2008.
This message was last edited by Just Dan on 9/8/2008.
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09 Sep 2008 12:37 PM
JazP
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We too bought in the lower blocks with No Bank Guarentee and have not been successful in the courts. the resolution of the high court was that no BG is not sufficent to cancell the contract, no LFO and illegal build even though an architect verfied it was so is still not sufficent grounds for a refund of our deposit. We are noe in the position that if we do not complete we lose our deposit, is anyone else in a similar situation and if so can you advise as to how we can recover our deposit or a least some of it.
Thanks
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