Fight keeps going! Costaluz Lawyers won cases in 2018 and 2019

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26 Apr 2019 11:02 by mariadecastro Star rating in Algeciras (Cadiz). 9194 posts Send private message

Legal Questions? Speak to Maria Direct

2018

CITY

COURT

BANK / INSURER

PROMOTOR

DEVELOPMENT

ORIHUELA

P1

BANCO SABADELL

MONSERRATE CAMARA ALBEROLA & SKY HOUSES

LA CAMPANETA

MURCIA

P1

BANCO POPULAR

HUMA MEDITERRANEO

ALMANZORA COUNTRY CLUB

MURCIA

P1

BANKINTER

CORVERA

CORVERA GOLF & COUNTRY CLUB

GRANADA

P1

BANCO SABADELL

PENINSULA PROJECT MANAGEMENT

RESIDENCIAL GRANADA GREEN

MADRID

TS

SGR & BBVA

HERRADA DEL TOLLO

SANTA ANA DEL MONTE

ESTEPONA

P1

CAIXABANK

INTERLAKEN 2003 SL (OCEAN VIEW HOMES)

CASARES DEL SOL

GRANADA

P1

BANCO SABADELL

PENINSULA PROJECT MANAGEMENT

RESIDENCIAL GRANADA GREEN

MALAGA

P1

CAIXABANK

PROVERTE (OCEAN VIEW HOMES)

GUADALUPE HILLS

ALICANTE

P2

BANCO POPULAR

SAN JOSE

PLAYA GOLF III

ESTEPONA

P1

CAIXABANK

INTERLAKEN 2003 SL (OCEAN VIEW HOMES)

CASARES DEL SOL

MALAGA

P1

CAIXABANK

MANILVA MAR Y GOLF SL

MANILVA MAR Y GOLF

MADRID

TS

SGR & BBVA

HERRADA DEL TOLLO

SANTA ANA DEL MONTE

HUERCAL-OVERA

P1

BANCO SANTANDER

PEINSA 97 SL

CALAS DE PINAR

MALAGA

P1

BANCO POPULAR & BANCO SANTANDER

AIFOS

CORTIJO DE TORREBLANCA

MALAGA

P2

CAIXABANK

INTERLAKEN 2003 SL

CASARES DEL SOL

MURCIA

P1

CAIXABANK

PROMILORCI

FRONDOSO VALLEY

ALICANTE

P1

BANCO POPULAR

IDEARCO

RESIDENCIAL MIRAMAR

MALAGA

P1

BANCO SANTANDER

AIFOS

CALA DEL SOL

HELLIN

P1

BANCO SABADELL

CLEYTON GES

FINCA PARCS

ALBACETE

P2

BANCO SABADELL

CLEYTON GES

FINCA PARCS

HELLIN

P1

BANCO SABADELL

CLEYTON GES

FINCA PARCS

MADRID

TS

SGR & BBVA

HERRADA DEL TOLLO

SANTA ANA DEL MONTE

MALAGA

P1

BANCO SANTANDER & BANCO POPULAR

AIFOS

EL BALCON DEL HIPODROMO

MALAGA

P2

BANCO POPULAR

AIFOS

EL BALCON DEL HIPODROMO

MURCIA

P2

BANCO POPULAR

HUMA MEDITERRANEO

ALMANZORA COUNTRY CLUB

ALICANTE

P2

SGR & BANCO SABADELL

HERRADA DEL TOLLO

SANTA ANA DEL MONTE

ESTEPONA

P1

CAJASUR

INTERLAKEN 2003 SL

CASARES DEL SOL

ALICANTE

P2

SGR & BBVA

HERRADA DEL TOLLO

SANTA ANA DEL MONTE

ESTEPONA

P1

CAIXABANK

INTERLAKEN 2003 SL

CASARES DEL SOL

MURCIA

P1

BBVA

PROCOBAR

SIERRA GOLF

ALICANTE

P2

SGR, BBVA, BANCO SABADELL

HERRADA DEL TOLLO

SANTA ANA DEL MONTE

MALAGA

P2

CAIXABANK

PROVERTE (OCEAN VIEW HOMES)

GUADALUPE HILLS

MURCIA

P1

BBVA

LA VEREDA DE SUCINA

LA VEREDA DE SUCINA

ALMERIA

P2

GENERALI ESPANA

HUMA MEDITERRANEO & HUMA INDALO

OASIS THABERNAX COUNTRY CLUB

ORIHUELA

P1

BANCO MARE NOSTRUM

PROCUMASA

LAS KELENDAS

ALICANTE

P2

SGR

HERRADA DEL TOLLO

SANTA ANA DEL MONTE

SAN JAVIER

P1

BANCO POPULAR

PEINSA 97 SL

CALAS DE PINAR

SAN JAVIER

P1

BANCO POPULAR

PEINSA 97 SL

CALAS DE PINAR

ESTEPONA

P1

CAIXABANK

INTERLAKEN 2003 SL

CASARES DEL SOL

MADRID

P1

HCC EUROPE

ASONE SL

URBANIZATION VENECIOLA

ALICANTE

P2

SGR

HERRADA DEL TOLLO

SANTA ANA DEL MONTE

ALMERIA

P1

BANCO POPULAR

SOCRIBO

PAGO DE LA ALFOQUIA

ORIHUELA

P1

BBVA

PROMOCIONES EUROHOUSE 2010 SL

RESIDENCIAL FORTUNA GOLF RESORT, APARTAMENTOS TURISTICOS PUEBLO LA SAL, RESIDENCIAL LOSE BALCONES DEL VALLE

ALICANTE

P2

SGR

HERRADA DEL TOLLO

SANTA ANA DEL MONTE

SAN ROQUE

P1

ZURICH INSURANCE

ALLERTON HOLDINGS

SEA GOLF REGENCY

ESTEPONA

P1

BANCO SABADELL

AMBITO SUR SA

URBANIZATION ROYAL MANILVA

MADRID

TS

SGR

HERRADA DEL TOLLO

SANTA ANA DEL MONTE

ORIHUELA

P1

BBVA & SGR

HERRADA DEL TOLLO

SANTA ANA DEL MONTE

MALAGA

P1

CAIXABANK

EXPLOITACIONES INMOBILIARIAS ALCAZA

HORIZONTE DE RIVIERA GOLF

MARBELLA

P1

CAJAMAR CAJA RURAL

BRISAMAR CUATRO

LAS PALMERAS DE CALAHONDA

MALAGA

P1

BANCO POPULAR

AIFOS

TERRAZAS DEL MEDITERRANEO

MADRID

TS

SGR

HERRADA DEL TOLLO

SANTA ANA DEL MONTE

MADRID

TS

SGR

HERRADA DEL TOLLO

SANTA ANA DEL MONTE

ALBACETE

P2

BANCO SABADELL

CLEYTON GES

FINCA PARCS

ORIHUELA

P1

BANCO SABADELL

DESARROLLO Y TECNOLOGIA

COLINAS DE LA ZENIA ELITE

MALAGA

P1

CAIXABANK

SIERRA BLANCA COUNTRY CLUB SA

SIERRA BLANCA COUNTRY CLUB

ORIHUELA

P1

BBVA

PROMOCIONES EUROHOUSE 2010 SL

APARTAMENTOS TOURISTICOS PUEBLO LA SAL

MALAGA

P1

BANCO SABADELL

PROMOCIONES URBANISTICAS COSTA TROPICAL SL

ALHAMBRA DEL MAR

JEREZ

P1

BANKIA

CONSTRUCCIONES Y PROMOCIONES FERRASUR 2002 SL

ESTELLA DEL MARQUES II

MADRID

TS

SGR

HERRADA DEL TOLLO

SANTA ANA DEL MONTE

2019

CITY

COURT

BANK / INSURER

PROMOTOR

DEVELOPMENT

FUENGIROLA

P1

CAIXABANK

PROMOPLAZA FUENGIROLA SL

CALANOVA PALM GOLF

DENIA

P1

BANKINTER

CONSTRUCCIONES MONTE PUCHOL

LOS LIMONEROS

CASTELLON

P1

CAIXABANK

CONSTRUCCIONES CASTELLON 2000

COSTAMAR 1

MALAGA

P1

BANCO SANTANDER

AIFOS

AIFOS HIPODROMO

ESTEPONA

P1

CAIXABANK

MANILVA COSTA

JARDINES DE MANILVA

ESTEPONA

P1

N/A

WHITE COMPASS SL

SEA & SUN

MURCIA

P1

BANCO POPULAR

HUMA MEDITERRANEO

ALMANZORA COUNTRY CLUB

ELCHE

P1

BBVA

RESIDENCIAL MIRALLEVANT

UNITED GOLF RESORT LA TERCIA

MURCIA

P2

BBVA

PROCOBAR

SIERRA GOLF

ALICANTE

P2

SGR & BBVA

HERRADA DEL TOLLO

SANTA ANA DEL MONTE

CARTEGENA

P2

BANCO SANTANDER

PEINSA 97 SL

CALAS DE PINAR

CARTEGENA

P2

BANCO SANTANDER

PEINSA 97 SL

CALAS DE PINAR

MALAGA

P2

CAIXABANK

ANDAINVER

CALANOVA SEA GOLF

ORIHUELA

P1

BANCO SABADELL

SAN JOSE

ALBATERA GOLF

ORIHUELA

P1

CAIXABANK

PROCUMASA

LAS KALENDAS

ARCOS DE LA FRONTERA

P1

BANCO SANTANDER

MIRAFLORES DEVELOPMENT INVERSIONES

VISTAS DEL LAGO

SAN ROQUE

P1

BANCO SANTANDER

PROMAGA

ALTA VISTA

ORIHUELA

P1

BANCO SANTANDER

PROCOBAR

SIERRA GOLF

VALENCIA

P1

CAIXABANK

TRAMPOLIN HILLS GOLF RESORT SL

TRAMPOLIN HILLS GOLF RESORT

VALENCIA

P1

CAIXABANK

TRAMPOLIN HILLS GOLF RESORT SL

TRAMPOLIN HILLS GOLF RESORT

HUELVA

P2

BANCO SANTANDER & BANKIA

MARTINSA FADESA

COSTA ESURI

MADRID

TS

SGR

HERRADA DEL TOLLO

SANTA ANA DEL MONTE

MURCIA

P2

BBVA

LA VEREDA DE SUCINA

LA VEREDA DE SUCINA

MALAGA

P2

BANCO POPULAR

SIERRA MAR DEVELOPMENT

HACIENDA BUENAVISTA

MALAGA

P2

CAIXABANK

MANILVA COSTA

JARDINES DE MANILVA

ALICANTE

P2

SGR

HERRADA DEL TOLLO

SANTA ANA DEL MONTE

ELCHE

P1

BANKIA

PLAYA DE PERLAS

RESIDENCIAL BUGANVILLA SOL

MALAGA

P1

BANCO SANTANDER

AIFOS

PUERTO GOLF LAS COLINAS

MARBELLA

P1

BANCO SABADELL

TERRAPOLIS / EDIFICADORA EUROPOLIS

CALA ROMANTICA VILLAS

ALMERIA

P1

BANKIA

EUROPEAN SUN HOUSES

LLANO SAN ANTONIO

MALAGA

P1

BANCO SANTANDER

AIFOS

AIFOS HIPODROMO

MURCIA

P1

BANKIA

PROMILORCI

FRONDOS VALLEY

 


This message was last edited by mariadecastro on 26/04/2019.

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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26 Apr 2019 11:40 by ads Star rating. 3844 posts Send private message

Well done Maria and team.

I wonder if there could be some way of knowing how many and which of these successful cases are being further contested to the Supreme Court by the relevant Banks?

Also have there been any rulings from the Supreme Court of late that have significant impact on cases going forward?

Many thanks.





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26 Apr 2019 12:18 by mariadecastro Star rating in Algeciras (Cadiz). 9194 posts Send private message

Legal Questions? Speak to Maria Direct

Dear Ads:

Some are being challeged at the Supreme Court.

Supreme Court is fixing to its doctrine, expectioning cases where it has been proven by the bank that developer and buyer reached agreements and used practises to avoid the protection of law 57/68



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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26 Apr 2019 12:51 by ads Star rating. 3844 posts Send private message

Thank you Maria.

For the sake of transparency would it be possible to see on those charts which successful cases and which Banks are further contesting successful rulings to the SC? 

Re new SC doctrine relating to developer and buyer agreements, what sort of agreements would this include, and does this mean that if the developer became insolvent following interim agreements, that they would not be protected by Ley 57/68? It’s a little confusing to understand what this actually means.





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26 Apr 2019 13:10 by mariadecastro Star rating in Algeciras (Cadiz). 9194 posts Send private message

Legal Questions? Speak to Maria Direct

Ads:

I will try to obtain a general info on how many of those cases are now under the Supreme Court. It wil take some time.

It seems some buyers, in some cases, decided not to be submitted to protection of Law 57/67 against other offers by developers. But these are exceptional cases.

What the Supreme Court is affirming once and again is that (1) They are not changing their doctrine (2) Just in those cases where possibilities of control by the Bank were elliminated by developer/claimant in purpose, banks can scape liability. Again: these are an exception.

There is some ongoing discussion on whenn a buyer is not covered by this Law as being an investor.

On general terms, Case Law os advancing positively

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



Like 1      
27 Apr 2019 09:48 by ads Star rating. 3844 posts Send private message

Thank you Maria.

As well as the numbers of cases It would also be helpful to know which banks are still contesting Ley 57/68 to the Supreme Court, following your successful appeals, and on what grounds are they still challenging this law. 

 


This message was last edited by ads on 27/04/2019.



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29 Apr 2019 10:39 by mariadecastro Star rating in Algeciras (Cadiz). 9194 posts Send private message

Legal Questions? Speak to Maria Direct

Ok.  Noted. Will try to do a small report on what you are asking as soon as I can



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



Like 1      
06 May 2019 16:54 by sandra Star rating in . 796 posts Send private message

sandra´s avatar

The 29th April was my 73rd birthday and I was 59 years old when.......................................................................................

.....In April 2005 we paid the first part of our deposit on an apartmen in Mijas. The shell of the development was up and was awaiting the next stage. Our lawyer failed to inform us the development’s original  developers had gone bankrupt and we were purchasing from the second developer. Then after we purchased, this developer also went bankrupt. After many months of delays in finding someone to complete it the development was eventually issued a habitation licence in late 2008 (three years after the completion date we were promised) when the financing bank stepped in and found a builder to complete the development. Of course as lowly buyers we were fed a pack of lies regarding the delays and not until after we cancelled the contract did it become clear what had actually caused the delays.

In June 2008 we engaged Costaluz lawyers to cancel our contract and seek the refund of our deposit after we were unable to see that the development would ever be completed.

The whole debacle has ruined our retirement dream and cost us in excess of £100,000.00 including lawyers fees.

Our health is now such that we would now have sold the apartment and be using the funds to make our retirement more comfortable but the banks, aided by the judges, are hanging on to our money for all they are worth. 

Rant over!

 

 

 

 



_______________________

  

 

 

 

 




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06 May 2019 18:16 by ads Star rating. 3844 posts Send private message

Sandra,

What are the grounds upon which the Bank are contesting your claim and have you achieved any success at appeal level during this excessively lengthy process? Have you not been able to gain any preliminary enforcement of principal monies in the interim period? Is this now being contested at SC level?

I wonder if you fit into any of the categories that Maria identified, "It seems some buyers, in some cases, decided not to be submitted to protection of Law 57/67 against other offers by developers. But these are exceptional cases." or

"There is some ongoing discussion on when a buyer is not covered by this Law as being an investor."

With this in mind, I wonder if Maria could clarify whether any supportive case law exists whereby "other offers by developers" would require the purchaser's explicit agreement to forgo their inalienable rights with regard to the protection provided by Ley57/68?

How can a purchaser be deemed to be exempt from these INALIENABLE protective rights if they have never been informed or required to agree to such an exemption? Likewise with being classed as an investor....how can a purchaser be deemed to be exempt from these INALIENABLE protective rights if they have never been requested to agree to such an exemption?

Doesn't this come down to the SC recognising INALIENABLE rights...i.e. Inalienable definition, not transferable to another or not capable of being taken away or denied.

 

 

 


This message was last edited by ads on 06/05/2019.



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06 May 2019 20:09 by mariadecastro Star rating in Algeciras (Cadiz). 9194 posts Send private message

Legal Questions? Speak to Maria Direct

Sandra:

I have just sent a private email to you

Kind regards

Maria



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



Like 0      
06 May 2019 23:58 by sandra Star rating in . 796 posts Send private message

sandra´s avatar

Ads,

We did not waive our rights nor were we investors. We purchased a ‘flipped’ property on a part built development and the seller is now long gone. Had we known the history of the development there is not a chance that we would have purchased, but hindsight is a wonderful thing.

At our first appointment In the plush Marbella lawyers office there were two lawyers present, then  a young English associate was called in to the room to ‘witness’ the proceedings. My main concerns were that our money was safe ( we were in business for almost thirty years) and we were assured that the Bank Guarantee would protect us, even paying interest on our funds should there be delays.

After we decided to cancel the contract and the lawyer seemed most reluctant to carry out our wishes we asked Maria to take up our case. It was then the lawyer revealed that there was no Bank Guarantee because, in his words, ‘the developer failed in his duty to provide one.’

We have had court cases against the developer and the bank both of which have taken years to go through the Spanish court system. After waiting almost a year for the judge to deliberate on our last case he requested further information from the bank. In my last communication from Maria the banks have not yet produced the required paperwork and enlisting the help of the police was being considered.

Maria is welcome to correct any errors in my recollection of the details.

 

 

 

 



_______________________

  

 

 

 

 




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07 May 2019 01:18 by ads Star rating. 3844 posts Send private message

Questions....

When a defendant ( in this case the Bank) is obstructive to the request for evidence, what options are open to the claimants lawyer?

Can they request a time limit to be placed upon production of evidence, and if not adhered to, can they raise a request for a judicial ruling in the absence of evidence, based upon perceived obstructive behaviour and bad faith? Or would this not be allowed? Is placing a time constraint of this order on production of evidence purely at the discretion of the judge?

Has this been reported and placed on official record with the relevant Banking authorities?

Who is monitoring compromising instances of this nature? Are we once again highlighting a major failure in regulatory Banking compliance?





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07 May 2019 10:16 by belfastchamp Star rating. 6 posts Send private message

It is our understanding that the SC has made two judicial reviews SSTS January 2018 and September 2018 in favour of the banks.  Is anyone aware of these and if so what implications do they have on claimants going forward?





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07 May 2019 12:44 by mariadecastro Star rating in Algeciras (Cadiz). 9194 posts Send private message

Legal Questions? Speak to Maria Direct

In Sandra case, it is the developer who is not being found by the Courts. We have provided all possible localization means but still no fruit. We are studying further measures ahead.

Recent  SupremeCourt decissions dated January 2018 and September 2018 are for cases where, existing a General Guarantee and payments/ account being established in the private purchase contracts, these payments were made by buyers/ conveyancing lawyers with no submission to contract specifications.

Surveillance duties and possibilities of Guarantoors, according to law 57/68 are in relation to contracts and developers accounts that are available to them by virtue of this law. 

If a buyer willingly decides to pay in a way/ amounts different to what is contractually agreed, Guarantoors are not liable. 

If buyers sent their deposits to lawyers and it was them who paid it in a way different to contract terms, liability is of the lawyers, obviously.

 

 


This message was last edited by mariadecastro on 07/05/2019.

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



Like 1      
08 May 2019 08:20 by ads Star rating. 3844 posts Send private message

Thank you Maria.

In the event of previously proven developer breach, contract cancellation and developer insolvency, if claimants have already proved their monies were deposited into developer accounts (via successful provincial appeal rulings against the GENERAL guarantor Bank) and the purchase contract named the GENERAL guarantor, are their inalienable rights still fully protected under Ley57/68 according to these recent SC reviews?

Does this also include protection of their rights for backdated interest?





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08 May 2019 11:39 by mariadecastro Star rating in Algeciras (Cadiz). 9194 posts Send private message

Legal Questions? Speak to Maria Direct

Ads. Affirmative answer to both questions

M



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



Like 1      
08 May 2019 16:15 by angeleyes1 Star rating in Camposol & Bradford. 328 posts Send private message

angeleyes1´s avatar

After waiting almost a year for the judge to deliberate on our last case he requested further information from the bank. 

I seriously doubt the Spanish justice system and those working in it have any intention of implementing any justice against a Spanish national wherever possible.

At the best winning is one thing, getting the money is another.



_______________________
When you have to shoot, shoot, don't talk.



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08 May 2019 17:51 by mariadecastro Star rating in Algeciras (Cadiz). 9194 posts Send private message

Legal Questions? Speak to Maria Direct

All our clients with won cases against clients are getting their refunds back

M



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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08 May 2019 18:14 by angeleyes1 Star rating in Camposol & Bradford. 328 posts Send private message

angeleyes1´s avatar

Getting ‘’on paper’’ is not quite the same as money in the pocket.



_______________________
When you have to shoot, shoot, don't talk.



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08 May 2019 20:00 by mariadecastro Star rating in Algeciras (Cadiz). 9194 posts Send private message

Legal Questions? Speak to Maria Direct

Yes... in their pocket. They have got their money in their bank accounts

M



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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