Saturday, November 5, 2016
Mr. Handy, involved in Aifos´s bankruptcy, happy at the end
This week is special for our client.
We got it!
Mr. Hnady, after years thinking on losing all the money invested on his dream (an apartment in Málaga) will recover the money plus interests.
This has been ordered by the Court Nr. 7 in Málaga, in a case against Banco Popular. Now the Bank must pay the deposit back.
This is also a good new for all the guys who came to the Coast to buy an apartment to live in and after years of fighting don´t have apartment and don´t have the money.
Monday, October 17, 2016
Mr. Smith will recover the money paid to AIFOS
17/10/2016
A court in the capital condemns the Banco Popular and Banco de Santander to pay whay Mr Smith invested in buying a home unfinished with interest and costs.
The Court of First Instance No. 1 of Malaga condemns both entities to payment of 71,887.95 euros, amount severally guaranteed by the defendants referred and which was paid by the applicant to AIFOS in anticipation for an apartment in a purchase contract signed between the plaintiff and the entity in date 24/02/2004.
Mr. Smith had invested all his savings in the dream of homeownership in the province in which to retire, as did thousands of Britons with intent to enjoy his retirement on the Costa del Sol, but the dream was frustrated with the stoppage of the work and the Bankruptcy of the developer, making impossible to recover the savings from Developer, but this issue, defended by 57 lawyers Law has had the best results.
Saturday, October 8, 2016
Wednesday, September 14, 2016
Two banks have been condemned to return 50,000 € to a British man
The money was a deposit for a flat in Mijas which was never built and he had the misfortune to sign a contract with the promoter Aifos
Some 30 years ago the man came to Spain and got to know Mijas and decided it would be the perfect place to share a home with his son.
At the time he was living in the United States where he had established his savings for a home which, however was never built. Despite the off-plan fiasco, now a judge has condemned the two banks to return nearly 50,000 € for what occurred.
The victim signed a contact with Aifos Arquitectura y Promociones Inmobiliaria S.A. for the acquisition of a building under construction on August 12 2003 for a house in the residential development Aifos Hippodrome, in Mijas.
According to the sentence, reported in Diario Sur, the buyer made an advanced payment of 70,251.50 € to be carried out as outlined in the contract. But the home was not built in time so the First Instance Court 10 in Málaga gave for resolved the agreement obliged the promoter to return said amounts. This resolution was later confirmed by the magistrates in section 6 of the Málaga Provincial Court in 2013.
Now the judge in the First Instance Court 8 in Málaga has partially estimated the demand made against Banco Popular and Banco de Santander, as noted by the Briton, who has been represented by Ley57 Abogados. In this way, the two banks will have to return what was deposited into the Aifos accounts for the responsibility which the banking entities must hold for having used money deposited in their banks without investigating any guarantees on the destination.
In fact, Banco Popular will have to return 29,100 €, plus interests accrued since the judicial reclamation and Santander 20,575.75 €
According to the fundamentals of law, the purchase of property which involves payments from the purchaser into the account belonging to the promoter without opening a special account, and the corresponding guarantee against the purchaser who pays the total amount in advance deposited in the account or accounts which the promoter has in the said bank.
Friday, January 1, 2016
Monday, December 7, 2015
One way to recover money paid to developers.
12/07/2015
This is a part of the article written today in La Opinion de Malaga today by Jose Antonio Sau. Full article in Spanish by clicking here.
"The director's office Law 57, Carlos Cómitre, said that before the December 31st. 2015, his office will file more than 70 claims of responsibility for the organs of First Instance."
This stems from the Law 57 / 1968 regulating the guarantees of the amounts paid on account by the purchaser of a house.
The rules the banks to open accounts in which prepaid amounts are received, should demand guarantees "he says, and clarifies that, in the case of Aifos, were not demanded. "
This year was a Supreme by which he condemns the banks. On the basis of that judgment, customers have the last chance to try to recover their money, but the law will change on December 31st., " explains the lawyer.
Although the new legal text will retain responsibility, always is preferable since it claimed, and that this liability claim based on Law 57/68 ".
In his office, Law 57 Lawyers manage a list of banks that could answer those guarantees. "Aifos entered bankruptcy in 2009 and liquidated in November 2014, so he must sell assets worth about 780 million euros to to address the claims of those affected.
Most buyers do not have individual guarantees, and thereby the banks failed to fulfill the banking Normaa which is also required and hence the responsibility.
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