Petition asking for compensation for buyers under threat of demolition

Post reply   Start new thread
:: New - Old :: Old - New

Pages: 1 |

Forum home :: Latest threads :: Search forums
The Comments
23 Jul 2014 09:50 by hosilverlining Star rating in Property owner in Gr.... 173 posts Send private message

Do you know anyone who has fallen foul of corruption and greed buying a Spanish property? I'm one of them, and so are 50 others just on one development near Granada. There are thousands more in Spain, either living in a property which was sold to them as legal but have discovered it is not, and who can't connect to water or electricity or are under threat of demolition, or living in the UK with a huge drain on their resources and also under threat of demolition WITHOUT COMPENSATION.

I'm talking about people who bought in good faith, with all the correct paperwork, and only subsequently found that there were problems with the legality of their property.  In our case, we completed in 2008/2009, and only in 2012 did we find out that the Guardia Civil had started an investigation into the licences of occupation, which has led to a criminal case with the developers and officers in the Town Hall being accused of fraud and planning crimes.

This affects people from all over the EU including Spanish nationals.  Our owners include British, Irish, Dutch, and 12 Spanish.  There are currently hundres of public officials charged with property crimes in Spain, but little hope of compensation for the owners of the properties. Some owners are not even aware that their property is under threat, there doesn't seem to be any obligation to inform them!!

Please sign this petition, thank you.

http://www.change.org/en-GB/petitions/uk-government-eu-compensate-innocent-people-after-demolition-of-their-spanish-homes?share_id=aVmhPpwWvE&utm_campaign=autopublish&utm_medium=facebook&utm_source=share_petition





Like 0      
23 Jul 2014 15:28 by mariadecastro Star rating in Algeciras (Cadiz). 9327 posts Send private message

Legal Questions? Speak to Maria Direct

I would encourage you to search on liabilities of property valuators/banks on this. I am inclined to think it is the right angle

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



Like 0      
23 Jul 2014 16:04 by hosilverlining Star rating in Property owner in Gr.... 173 posts Send private message

Thank you Maria, I will send this information to our lawyers, although as we have purchased and have mortgages etc. I am not sure how the bank could be liable.  If you can enlighten me I would be grateful.

We are pretty sure that the bank was up to their necks in this fiasco, there were a number of false completions that we know about.  They seem to be at the top of the bank's repossession list, maybe so that any evidence trail can be covered up.  The Guardia Civil don't seem to have uncovered anything in their investigation and the banks are not among the accused in the trial.

Many thanks.





Like 0      
23 Jul 2014 20:52 by mariadecastro Star rating in Algeciras (Cadiz). 9327 posts Send private message

Legal Questions? Speak to Maria Direct

Hosilverlining:

My angle is in Civil, not in Criminal Law.

I would think of doing a jointly and severally action for professional negligency against property valuators, Banks, Notary, Estate agent and Lawyer involved with their corresponding Insurance companies.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



Like 0      
25 Jul 2014 15:06 by mariadecastro Star rating in Algeciras (Cadiz). 9327 posts Send private message

Legal Questions? Speak to Maria Direct

Photo: En 2013 38.961 familias perdieron su casa a causa de los desahucios. Cada día siguen perdiendo su vivienda 100 familias en España: http://laeconomiadelosconsumidores.adicae.net/index.php?articulo=2199

1. Saw a house I liked

2. Bank sent HIS valuator who valuated the house

3 .Bank granted me a mortgage for buying it, knowing my economic situation

4.I paid till I was made redundant

5. As I could not keep the mortgage payments up, I asked the Bank to keep the house

6.They sent their own valuator who now valued the house at the half of original valuation

7.In short words: I have no house and I still owe the Bank 180.000€ which is what valuator overvalued and the Bank accepted: I mean: They especulate and I am guilty.

SOLUTION ADVISED:

Fight the Dation ( offer of the house to the Bank) at Courts. According to LEY 1/2013, DE 14 DE MAYO, DE MEDIDAS PARA REFORZAR LA PROTECCIÓN A LOS DEUDORES HIPOTECARIOS, REESTRUCTURACIÓN 
DE DEUDA Y ALQUILER SOCIAL, Bank will repossess the property for a value corresponding to AT LEAST 50% of auction value of the property.

AUCTION VALUE OF THE PROPERTY: It is a BIG summ included in every mortgage deed and which includes: prinicipal, interests and legal costs. 

Deffending a right valuation and supervising of the repossession and auction process is ESSENTIAL.

There is new Decission by the European Court of Justice by which, if you are acting agsinst the Bank for floor clause, they can not repossess the property

ACTION.... is the word!

Have a great weekend!

Maria

 

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



Like 1      
29 Jul 2014 14:33 by ads Star rating. 4021 posts Send private message

Maria,

Marta Andreasen (MEP) identified the following a little time ago, so could this be used in some way to assist clients who are seeking compensation? Is this relevant or of legal significance to this scenario?

"http://www.europarl.europa.eu/charter/pdf/text_en.pdf

 

Article 17

Right to property

1. Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired possessions. No one may be deprived of his or her possessions, except in the public interest and in the cases and under the conditions provided for by law, subject to fair compensation being paid in good time for their loss. The use of property may be regulated by law in so far as is necessary for the general interest."

 





Like 0      
29 Jul 2014 14:44 by mariadecastro Star rating in Algeciras (Cadiz). 9327 posts Send private message

Legal Questions? Speak to Maria Direct

Compensation expressed in that article refers to payment the Administration is  obligued to pay to owners when property is being expropriated for public reasons ( Administrative Law)

Compensation I am talking about is that of professionals connected to professional negligency ( Civil Law)
 

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



Like 0      

Pages: 1 |

Post reply    Start new thread


Previous Threads

abbygate lnssurance - 4 posts
Recommended Holiday Villas on Costa Del Sol? - 3 posts
Hello all - 0 posts
Zurich insurance - 6 posts
Wrought Iron gate wanted to keep dogs in! - 2 posts
police pension tax. - 12 posts
SPANISH CAR FOR SALE - 0 posts
Moving to Spain - 13 posts
Unpaid community fees at AGM - 13 posts
Going through the courts to get deposit back from developer - 4 posts
Bottle Fridge - 0 posts
Confused.com devious, or just plain ignorant? - 24 posts
Ship a car to Murcia - 16 posts
information - 9 posts
Claiming against Banks - 9 posts
Fancy buying a bar anyone ? - 5 posts
Taking Cat inside plane, to UK from Spain - 6 posts
Estate recommendation Playa Flamenca /Torreviejca area - 1 posts
L D Lines - 0 posts
Sky planner - 7 posts
Divorce and Spanish property - 12 posts
Return to Sender - 5 posts
The "shell suit" trash tourists have started to arrive!!!!!!!!! - 29 posts
Decision Made - Planning to Move to Spain - 15 posts
Yamaha 75 HP 4-Stroke Outboard Motor Engine - 0 posts

Number of posts in this thread: 7

DISCLAIMER:  All opinions posted on these message boards are the opinion solely of the poster and do not necessarily reflect the opinion of Eye on Spain, its servants or agents.


1 |
Our Weekly Email Digest
Name:  
Email:
   


This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x