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31 Jan 2008 12:00 AM by debbiep Star rating. 51 forum posts Send private message

Good news !!

The official license has now arrived, it is available for viewing - fantastic.

People have been signing over for the past couple months and the urbanisation can only go from strength to strength.

DebbieP


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31 Jan 2008 5:37 PM by Just Dan Star rating. 440 forum posts Send private message

 

Great News Debbie (not a false alarm?)

What are the doom mongers going to say now. Its decision time for those that havent completed and I assume the developers may be looking to penalise many that have cost them alot of money in interest and community charge fees.

The whole valley can only go from strenght to strength and goes to show that only the property owners really are in a position to give up to date accurate information.

Dan

Sorry had to edit as I made some spelling mistakes as this is not my strong point.




This message was last edited by Just Dan on 1/31/2008.


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01 Feb 2008 10:49 AM by debbiep Star rating. 51 forum posts Send private message

No Dan not a false alarm as neither was our information last year, the license was granted last year and we now have the real thing - yipee

I agree completely it is decision time for many owners and my heart goes out to those who now find themselves in the awful position of not being able to complete due to whatever reason.

We as do yourself always try to be as honest as possible when posting and will always endevour to help people who need it whether this involves trying to get their money back, selling or completing. I do not believe that this website was set up for people to constantly put developments down but to offer honest information as you along with countless others do, be it good or bad.

Debbiep



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01 Feb 2008 11:42 AM by Just Dan Star rating. 440 forum posts Send private message

 

Hi Debbie

Agree 100% .

Once we signed the contract some of us have already made the decision to complete due to our paticular situation and the legal advice advice given.

None of us are happy with the situation but at least as far as this development goes there is a line underneath it and I too have much sympathy with the genuine ones that may have difficulty in completing,now more difficult with the exchange rates and the credit crunch.

Think you may agree though that there are many who just purchased to sell before completion and were purely in to make money on an investment they thought was a banker bet.

Agree its sad that the forums appear riddled with people that dont even own property in Spain and the sit on the fence giving there so called EXPERT advice and this is always negative, trying bring the overall Spanish Property market to its knees.( seems to be doing that on its own at the moment )

They then pick on a particular development  (there seems to be one on every development)where they have limited and outdated information and set themselves up a leading authority and everyone MUST agree with everything they say.

Rules on Your Development>   (you know the one you own and made up from the ones that have no tangible interest in)

Rule 1          DONT OWN A PROPERTY ON THAT DEVELOPMENT.

Forget your particular situation/Forget your legal advice/Forget or dont you dare post anything positive/Only read news reports that print bad news as bad news is what sells newspapers./Your a fool to buy there as I dont like that area/Your stupid if you complete for this that or some other reason./Anyone that bought in Spain off plan is an idiot that left their brains on the plain/be rude if someone dosent agree with you in partcular if you an owner.

Think all the genuine ones want is a forum that we all input information based one true good,bad or indifferent experiences and to help if we can

Dan






This message was last edited by Just Dan on 2/1/2008.


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04 Feb 2008 9:07 PM by Smiley Star rating in San Pedro de Alcanta.... 2502 forum posts Send private message

Smiley´s avatar
I am not an eternal pessimist - honest but having seen the LFO today it appears that it is still under administrative silence - at least thats what it looks like to me........ while this is a statute in law in Spain the Junta declared over 2 years ago that  silencio was not  acceptable - while the court decree seems to back everything  up  it will be interesting to see what the more cautious mortgage lenders make of it - hopefully sanity will return and and they will accept that nothing detrimental will ever happen to Las Terazas

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Smiley - patrick@marbellamortgages.com  www.marbellamortgages.com   www.comparetravelcash.co.uk



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04 Feb 2008 10:21 PM by Tish Star rating in Surrey. 833 forum posts Send private message

Smiley wrote:  having seen the LFO today it appears that it is still under administrative silence . 

 




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05 Feb 2008 9:57 AM by Just Dan Star rating. 440 forum posts Send private message

05 Feb 2008 10:22 AM by Smiley Star rating in San Pedro de Alcanta.... 2502 forum posts Send private message

Smiley´s avatar
Well and nothing really except that the Junta de Andalucia announced that Administrative Silence was not acceptable 2 years ago - consequently some of the banks then refused to lend on properties that had Licence issued by Silencio (despite the fact that the procedure is recognised as a statute in law in Spain) - however lenders have the right to choose whether they will lend or not and until that point most of them recognised Silencio as well - it remains to be seen whether in the light of the new Licence and the court directive confirming the Licence is deemed granted whether all the lenders will now consider SMV good risk. Nothings ever simple in Spain is it?

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Smiley - patrick@marbellamortgages.com  www.marbellamortgages.com   www.comparetravelcash.co.uk



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05 Feb 2008 11:37 AM by Just Dan Star rating. 440 forum posts Send private message

 

Hi Smiley

Yer right there Bud or Gal.

This rule was O.K for so many years and there is a rule that it is deemed granted by default after 3 months from admin silence date.

Trouble is that one sector says these developments are legal or should be legal and another legal entity says not.

Whoever this appears the case right down through the Costa del Sol as many others threads of other development will confirm

As is seen even with the paperwork its not guarantee it wont be deemed illegal later.

Think Banks are going to be very careful indeed as to if they lend at all unless some sort of confidence is not returned to the market,developers will go bust,people will loose deposits,the ones that have completed will have property thats technically not theirs.

We are not talking about just one or two developments here as the c--p is just starting to hit the fan and these few developments that for SOME have been the centre of attention will be just a spot on the map.

As my solicitor mentioned once ,they are incapable too corrupt to sort this lot out and the european courts may be be the only answer.

In the meantime feel we need to try to put a balanced view on things(if possible) as the Spanish seem to change the rules to suit them/Courts siding with developers,Banks leaving us all in the cold

Dan

 

 




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05 Feb 2008 12:03 PM by Smiley Star rating in San Pedro de Alcanta.... 2502 forum posts Send private message

Smiley´s avatar
IMHO I dont think there will ever be problems with SMV Las Terazas as it was always on the 86 PGOU - there was a type 1 discrepancy which means a slight overbuild - block nearest the toll road was a little too high I think - security hut wasnt on the plan and slightly too many parking spaces - thus it can be deemed that in essence its legal - dont think there will ever be disputed Title - simply a question of whether silencio is right or wrong - seems too much for greater brains than mine to decide but if its statute then its the law - did someone say the laws an ass??

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Smiley - patrick@marbellamortgages.com  www.marbellamortgages.com   www.comparetravelcash.co.uk



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05 Feb 2008 12:32 PM by mr.c Star rating. 46 forum posts Send private message

Smiley

re the Administrative Silence Rule, as far as I was told by an authority in Marbella, whereas it is law as Dan rightly says (LFO normally granted by default after 3 months), what the Junta has said is that in the cases where building licences have been suspended, this Rule cannot apply.

However in the case of SMV, as you rightly point out, the problems are so small that the general feeling amongst lawyers of friends I know on this development is that the LFO will indeed be forthcoming at some point, just a case of when.

Personally I don't think written confirmation of a local judge's ruling based on the ASR quite cuts it .  The Junta has a recent nasty habit of overturning decisions made locally.  But am sure the real thing will arrive one day, just a case of being patient on this one.

SMV is one development  that  will oneday be home and dry, am sure.  Enjoy!

Chris




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05 Feb 2008 5:12 PM by Smiley Star rating in San Pedro de Alcanta.... 2502 forum posts Send private message

Smiley´s avatar
Hi Mr C the Licence is indeed issued - I have a copy but it is still the Licence under silencio - it is the official silencio certificate which means that under the old law it  could  be deemed the License was issued  but the point i am making is that in times gone by that was enough  - will the mortgage lenders that had a moratorium on lending on SMV decide to take the pragmatic view as most people are and start advancing there - or will it be a question of them passing it to their legal team who will sit on the fence for the next three years.

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Smiley - patrick@marbellamortgages.com  www.marbellamortgages.com   www.comparetravelcash.co.uk



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05 Feb 2008 8:24 PM by Just Dan Star rating. 440 forum posts Send private message

 

Hi .Mr C and Smiley.

Totally agree with both of you and think that this sitting on the fence will pove to be the downfall of property in Spain if they are not careful.

Mr C is correct that regarding the 3 month and it deemed that the licence was issued however on some developments they appeared to change the rules after many of us signed,

May be hundreds if not thousands of us that are involved and little more we can do is to accept advice that these development will get legal status one day and Santa Maria Village is clearly there or almost there it brings us hope.

Should my particular development not get legal status and they decide to demolish it then the Banks that I have an 80%+ mortgage with and myself will have to sit down and look at our options.

Dosent look to clever and  feel we are mear pawns in a very big sick game where we appear to have little or no control.

Such a mess and appreciate you efforts and concerns

Dan




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05 Feb 2008 8:24 PM by Just Dan Star rating. 440 forum posts Send private message

 

Hi .Mr C and Smiley.

Totally agree with both of you and think that this sitting on the fence will prove to be the downfall of property in Spain if they are not careful.

Mr C is correct that regarding the 3 month and it deemed that the licence was issued however on some developments they appeared to change the rules after many of us signed,

May be hundreds if not thousands of us that are involved and little more we can do is to accept advice that these development will get legal status one day and Santa Maria Village is clearly there or almost there it brings us hope.

Should my particular development not get legal status and they decide to demolish it then the Banks that I have an 80%+ mortgage with and myself will have to sit down and look at our options.

Dosent look to clever and  feel we are mear pawns in a very big sick game where we appear to have little or no control.

Such a mess and appreciate your efforts and concerns

Dan




This message was last edited by Just Dan on 2/6/2008.


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