MORE JUDGMENTS AGAINST A BANK FOR LIABILITY OF A REAL ESTATE DEVELOPER

On previous occasions we had referred to cases in which our clients who had acquired apartments by private contract that later obtained a favourable judgment against the bank where the amounts on account of the unfinished sale had been deposited due to the responsibility of the developer. Read more...

JUDGMENT AGAINST A BANK FOR EXTINTION OF MORTGAGE AND NULLITY OF ADJUDICATION

FLOOR CLAUSE

Our firm has obtained a favourable judgment in connection to a floor clause claim ruled by Court 1 bis of La Laguna (Tenerife), specialized in this matter. According to the Bar Association and the College of Procurators, this Court received approximately 4,000 claims within the first 6 months of its creation. The Bar Association estimated that around 200 judgments are released monthly. Read more...

MORE ABOUT LAW 57/68

In September 2017, we filed a class action lawsuit against Caixabank on behalf of our clients for the bank's responsibility as guarantor of the amounts paid in advance by the buyers and deposited into the account or accounts that the developer had open in that entity. The bank has passive legitimation under Law 57/1968, which was the one we referred to in the lawsuit. This Law takes on special importance as a watchdog of compliance by the promoter of the constitution of the guarantees established in said law. The law imposes the bank the responsibility for the opening of accounts by the developer, to guarantee the refunding of monies in case the promotion does not reach a good end. Read more...

LAW 57/68

JUDGMENT AGAINST A BANK FOR RESPONSIBILITY OF A REAL ESTATE DEVELOPER

In 2005 our clients acquired several apartments by private contract in a residential-commercial complex that should have been finished in 2008 and whose developer had requested a promotional loan to CajaCanarias (today La Caixa). Due to allegedly fraudulent maneuvers of the developer (their managers used financing money for their own benefit) the properties were not completed on time. Customers had delivered approximately 50% of the value of the property as delivery on account and the developer refused to return such amounts deposited in the bank account that the promoter had opened in CajaCanarias to finally file bankruptcy.

In November 2016, we filed a class action lawsuit against Caixabank on behalf of our clients for the bank's responsibility as guarantor of the amounts paid in advance by the buyers and deposited into the account or accounts that the developer had open in that entity. The bank has passive legitimation under Law 57/1968, which was the one we referred to in the lawsuit. More...

CONSTITUTIONAL COURT

CLAIM OF CONSTITUTIONAL REMEDY PROTECTION (RECURSO DE AMPARO) WON BEFORE THE CONSTITUTIONAL COURT

Our client, a mercantile company, acquired a farm land of 20 hectares (50 acres) in 2004. In 2009 he mortgaged the property as a non-debtor mortgagee, which means, guaranteeing another mortgage loan on the property of a private individual (debtor). As a result of the non-payment of the loan instalments, in April 2012 the bank sued the corresponding foreclosure proceeding against the debtor and against the non-debtor mortgagee before the competent court of first instance. During this stage of execution, our client asked the bank repeatedly (more than six times) if the farm land was going to be affected by the foreclosure, to which the bank always responded that there was nothing to be worried about, because with the auction sale of the villa all the credit was covered, with which, there would be no execution on the farm land property. Our client (non-debtor mortgagee) was not notified of the foreclosure lawsuit even though the bank knew several of the client’s addresses. Only one act of communication was attempted at a domicile (practiced by the bank's procurador), and the court ordered notice by edicts and the continuation of the execution by default (both against the debtor and against the non-debtor mortgagor). More...

MORTGAGES

In terms of foreclosing proceedings against our customers we have been extremely successful achieving the nullification of the procedures. More...

CLAIMS

ECONOMIC ADMINISTRATIVE CLAIM. In our blog of March 2015 we talked about what a complementary tax (further tax liquidation) is. More...

FAMILY LAW

In family law matters (separation, divorce, custody, alimony) have defended the interests of the client to achieve their full satisfaction. More...

IMMIGRATION LAW

The greatest achievements in this field are due to the full knowledge of the previous Organic Law of 1985 and the new LOE 4/2000 ... More...

COMMUNITY OF OWNERS

Our experience in Communities of Owners, covers not only legal actions... More...

INHERITANCES AND WILLS

In this regard, we have advised dozens of clients with inherited problems, helping the inheritance tax was not an insurmountable obstacle... More...