Afectados promotores en Andalucía Directo

Afectados promotores en Andalucía Directo

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.

Demanda contra bancos de Aifos y otras promotoras

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.

AIFOS´s creditors to pass first step to their proposal

6.10.14 Last Friday we presented the list with more than 500 credits to support creditor´s proposal in AIFOS´s Bankruptcy process. Abanca, the bank who was born from Caixa Galicia and Caixa Nova, who holds a credit over 6 million euros, joined to this iniciative. They also mantain a relevant credit according to the definitive report from Court Administration. Almost 30 million euros support now the petition to advance the proposal to next step. You still can join. Ask to your lawyer or call us.

Sur in english august 29th 2014 By Francisco Jiménez About Aifos. After a long and complicated process that has dragged on for five years, the future of Aifos will be decided within the next few weeks and, with it, that of nearly 5,000 people who were affected when this property group, which at one time was the largest developer in Malaga province and had more than 80 residential developments all over the Mediterranean, went into voluntary receivership on 22nd July, 2009. Those affected included not only purchasers of properties that they never received, but also workers, suppliers, banks and even the tax and social security authorities. Aifos went from being a major business with offices in London, Munich and Dublin to becoming the biggest insolvency case in Andalucía with debts of 901 million euros. The creditors have until 4th September to file with the court a proposed agreement that would allow the company to be saved. The Aifos proposal At the moment the only proposal drawn up is by Aifos, although the Receivers, who are openly at war with Aifos owner Jesús Ruiz Casado, have doubts about its viability because it involves the use of money which is subject to legal proceedings and may not be available. Aifos suggests giving its creditors a choice between receiving part of the money they are owed, or waiting until all the assets are sold and the money acquired is divided up. However, in the latter case, financial institutions (who are owed two thirds of the debt), Hacienda and Social Security would have priority, and other creditors would only receive whatever is left after the authorities had been paid off. Aifos suggests paying people who bought properties, suppliers and other creditors only half of what they are owed (the total of this type of debt is 209 million euros) and they would not receive any of the money for nine years. It proposes paying its 50 million euro tax and social security debt over several years, until 2022, and wants the banks (who are owed 600 million euros) to enter into new bilateral agreements which would enable the company to finish its uncompleted developments and continue to pay back its loans. However, there is a drawback - Aifos does not have the money to pay the ordinary creditors their 50 per cent, although it seems confident that it will manage to obtain it. Time is running out Some of those who have paid Aifos for properties they have never received are considering accepting an 80 per cent refund, whereby 20 per cent of it would be in cash and the rest as an equity loan to the company to prevent it having to go into bankruptcy and to give themselves more chance of recovering their money. However, this proposal would need a certain percentage of support and time is running short. Lawyer Carlos Cómitre, of Ley 57 Abogados, has pointed out that support from the banks is crucial. “They must decide whether to face losing all or part of their money or to join smaller creditors in managing a new Aifos with new shareholders and management,” he said. Please contact us if you need more help.