An investigation has been opened by the prosecutor into fraud and corruption regarding the Medina Elvira resort. The licences for building for all of the developments, and the subsequent licences of first occupation which were issued for at least 3 of the developments, are all likely to be declared invalid.
Anyone who has been affected by the situation on Medina Elvira has a right to be represented in court as an injured party and I would encourage anyone who has completed purchase and found themselves owners of a property without proper services, or anyone who has failed to get their deposit back on a property not completed, or who has completed purchase and has been repossessed or negotiated dacion en pago with the bank, to talk to their lawyer about submitting their name into the court as an injured party.
From information gained from our lawyers and local councillors, most of which has been reported in the press, it seems clear that no-one should have been obliged to complete purchase on any property at Medina Elvira. Indeed, it is probable that no-one should even got as far as putting down a deposit.
The Golf Course, the Golf Club and one of the developments (Medina Suites) were all built on protected land. The whole development was started before the regional government had actually signed off the plans. A complaint about these matters was lodged with the prosecutor in 2005, but was mysteriously filed - if this had been acted on, it is likely that no building would ever have taken place and none of us would be in this situation today.
The allegations are that the land was sold to the original developer by the council for half its value, and was then divided into parcelas and sold on at a massive profit. On one of the completed developments there are 198 apartments, which seem to have magically morphed from the original approved plans which were for 7 villas in large plots. The previous Mayor of Atarfe and others in the planning office are all implicated along with the developers in a massive fraud and what can only be likened to pyramid selling of land and property and what is known in Spain as 'la cultura de la pelota' or culture of the pitch (easy money).
This is not about getting money back in the first instance, much as many of us would dearly like this to be the outcome. It is about ensuring that this is not written off as a victimless crime so that the court will take into account the affected parties, and hopefully the perpetrators will be tried for their crimes and the rest of us can move forward. For those of us who completed purchase, it is about making sure our properties are legalised and that we are provided with proper services. For these and others it could also open the way for civil action for compensation.
If anyone would like more details about the case please send me a pm. I have details of the court and the case reference. The judge has indicated that the period for submissions to court will soon close, and a trial will be opened, so time is of the essence.
This message was last edited by hosilverlining on 19/12/2012.