Fresh news about Granada

From some months now I have been reading on this page the different comments, questions or reflections from people that like myself have purchased a property in Granada, more concretely in Medina Elvira area, and have felt cheated on because nothing that was promised to us has been completed, and yet we found ourselves in the impossibility of recuperating our money, and with the threat that we would have to pay the rest, although in the knowledge that the properties do not have all of what lead us to purchase our holiday apartment . With no schools, no commercial centres, with the housing project works still going on….and feeling victims of a sort of real scam from which we could not escape.

I am an owner of property on Medina Elvira and I should say firstly to anyone who did not complete, for whatever reason, I sincerely hope they are successful in getting their money back and have indeed spoken to some people who have done so, either using the bank guarantee or for reasons of late completion of the buildings, depending on which development they were buying on.

However I should clarify that the current situation is not quite as you report jennycook.  An investigation has been opened by the court in Granada, which is indeed investigating the validity of the licences. However at this point no trial has been opened and therefore there has been no definitive judgement about the legal status of those properties which were issued with Licences of Occupation.

If the fact that there is an ongoing investigation is helpful to anyone in their own case, that's all good for them, but I would hesitate to make any assumptions at the moment.

There are a number of people who have completed purchase on Medina Elvira, and are using their apartments, indeed some families are living their permanently and there are also owners with long term tenants, so we of course have an interest in the outcome of these proceedings having invested large sums of money in our properties.  We don't know when the investigation will conclude or when the judge will decide if there is to be a criminal trial but we hope this will be soon so that we as owners of properties with mortgages etc. can take actions necessary to protect our interests.

I am happy to share more information when it is available but at this point in time the investigation is ongoing.  It has been reported in the Granada press. 

Hi, please could you let me know which press in Granada has reported this latest news on ME23, I was also under the impression by my lawyer that the LFO's had not been granted on the date Peninsula informed us that they were but I still lost my court case in Granada!!!

There are articles in Ideal, Granada Hoy and Europapress this week as the accused have been giving testimony in court.  There have been a number of articles in Ideal in the last few months.

The LPO for MEDINA ELVIRA 23 was issued by the Town Hall of Atarfe on 24th October 2008.

We are awaiting a determination by the judge regarding the legality of the buildings and whether there will be a criminal trial.  From an article in today's press it is indicated that subpoenas will be issued so the investigation is not yet concluded.

Hi Jamie

Sorry for not replying earlier, but I have been away a few days. I can’t help you with any news released on press about the mayors and officials of Atarfe’s issues. My information comes from my lawyer, who takes many other clients that were purchasing in Medina Elvira, and in some of the neighbouring urbanizations, and has managed to take Peninsula to its Bankruptcy Declaration.

I know that these days they are taking their statements at Granada’s Court. But for what my lawyer says, really the most interesting part is that this is a good proof of the 1st Occupation Licences not being as they should be, and so, a good evidence for the lawsuits of those who decide to finish the contract for late delivery (my case too).

I am no expert in law, and might have not explained myself very well.

In any case, good luck

Jenny

Hi hosilverlining

To be honest, I wasn’t planning to do something as serious as a report. I simply wanted to share what I think could be good news for those that like me, hadn’t completed, and or either are on suit against Peninsula, or against the guarantor, or against them both, or motionless and scared waiting for something to happen.

For those who have completed, like in your case, the truth is I have nothing to say. On one side, because I guess that if you have completed is because you wanted to, and I hope you are happy. And on the other side, because if in the end there are any charges against the mayor or something like that, I don’t know either in what way this could affect you, the ones who have already completed.

Anyway, I am very happy that my issue is improving (this is what my lawyer told me) with these news. And that is what I shared here. And also that is what I wanted, that those buyers who didn’t see any escape could receive, some news of hope and relief, as there is no judge who can say that a promotion in these circumstances, is finished, and that the buyers are forced to pay.

I hope I was a bit more clear this time.

Jenny

Please don't misunderstand me Jenny, I am all for everyone getting justice in this situation, I only wanted to say that there are a number of people who did complete purchase, somewhere around 60 apartments sold (some have, sadly for those involved, been repossessed or dacion en pago agreed with the bank) and all of these have lost or stand to lose a lot more than their initial deposits. 

There are currently 48 owners, Spanish and non-Spanish, who still own these properties and are paying mortgages, insurance and all the associated running costs (community fees, gas,electricity, local taxes etc. etc.) without any certainty about the future and with several months in the last couple of years when the properties have been unusable, firstly because the developer failed to legalise the communal electricity supplies, then again this year when the water was cut off and we had to go to court to have it reconnected while we establish a permanent contract.  There have been a lot of posts on this forum about people trying to get their deposits back, which I hope you all can do if the licences are declared illegal, I only wanted to highlight that there are other people with a lot at stake & huge ongoing financial commitments which we are pretty much stuck with.  The main reason they are not heard about on this forum is because we are working hard through our owners group to try to resolve our problems.

The investigation is ongoing.  At a recent court hearing the trial of the ex-Mayor has been postponed due to problems with the charges - more bungling in the court system.

http://www.granadahoy.com/article/granada/1403459/la/audiencia/manda/juzgado/nuevo/juicio/alcalde/atarfe.htmlSo

Meanwhile we are still in limbo.  Our licences have not yet been ruled on in court so we just pray we can get a permanent water supply contract while we still can. 

We're told that our developer is now in receivership so all of us - including our community which is owed several thousand euros in fees debts - will have to wait until the administrator assesses what assets exist and proportions them out amongst what we imagine are many debtors, with the tax man and others having first dibs.  All the other developers on Medina Elvira have also gone to the wall, so we are left in the hands of the banks and the Town Hall & without any guarantees of having any public services provided.  So, happy is not quite the word any of us involved in this scenario would use.

Good luck to everyone involved, and I suggest talk to your lawyers about being represented personally in the investigation as injured parties.  The judge has asked to hear from all those affected and we hope to receive a judgement which gives us all something to work with, for those of us with ownership commitments this will be the possibility of having our developments legalised.

I'm more than happy to talk to anyone via p.m. e-mail or phone.