tag:blogger.com,1999:blog-34474790559762466622011-09-12T23:24:52.946+02:00<center><strong>PATRICIA MORALES SEVILLANO, SPANISH LAWYER, SPECIALIST IN REAL ESTATES FRAUDS, CONVEYING AND INSOLVENCY PROCEEDINGS INVOLVING AIFOS, MIRADOR, PALMERA PROPERTIES AND OTHER PROMOTERS AND REAL ESTATES<p>PATRICIA MORALES SEVILLANO, ABOGADA, ESPECIALISTA EN FRAUDES INMOBILIARIOS, COMPRAVENTA DE VIVIENDA Y CONCURSOS DE ACREEDORES RELACIONADOS CON AIFOS, GRUPO MIRADOR, PALMERA PROPERTIES Y OTROS PROMOTORES E INMOBILIARIAS</p></strong></center>PATRICIA MORALES SEVILLANOhttp://www.blogger.com/profile/18393466466165368979noreply@blogger.comBlogger351100tag:blogger.com,1999:blog-3447479055976246662.post-63726992074828122002010-12-16T12:09:00.004+01:002010-12-16T12:13:12.846+01:00

(Publicado en el Diario Sur de Málaga, el 14 de Octubre de 2010 ).Confieso que barajé la idea de adquirir una granja en África, pero la descarté rápidamente. Decidí hacerme con unos terrenos muy bien situados en un precioso pueblo malagueño y en 2004 comencé a comercializar las viviendas que tenía pensado construir en ellos. En poco tiempo, logré encontrar compradores para las cien viviendas que

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(Publicado en el Diario Sur de Málaga, el 20 de Abril de 2010 ).Una parejita joven con planes de futuro o una pareja no tan joven con planes de jubilación ha podido firmar un contrato de compraventa con Aifos. Y es probable que tres, cuatro o cinco años después, la pareja no haya recibido aún la vivienda prometida, ni tampoco le haya sido devuelto el dinero que abonó. Quizá dicha vivienda no está

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According to the Spanish Insolvency Act, the insolvency administrators´ report will show the company´s accountancy, a view over its accounts and a list of assets and rights, with a clear mention regarding its kind and burdens. Bearing in mind the number of "supposed to be-finished promotions" or "under-work promotions" relating to Aifos, it is surprising the report does not include any point

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Last new about Aifos which has been published is clear: Málaga Company Court Number 1 has accepted Aifos claim about its bankruptcy, considering the company keeps debts in the amount of 1.029,41 millions of euros. The Judge says Aifos has been unable to reach an agreement with their creditors and the only way to face the situation is the insolvency preceeding. According to the econmic info Aifos

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It has been asked to Málaga High Prosecutor the investigation of the irregular planning procedure carried out by Mirador in Fuente de Piedra Council. Many documents and evidences make clear that Mirador and Fuente de Piedra Town Hall worked together in the planning procedure in the area UR-3, where Mirador was supposed to build VPO houses (subsidised houses), according to the planning created by

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Mirador de la Fortaleza S.L. has sold La Fortaleza plots, where the promotion should have been built and handed over to one hundred families.The plots, which were arrested by Tax Authorities, were sold last November to the spanish Madrid based company Mariñamendi S.L.We have to remind that some legal criminal actions have been taken against Mirador due to the fraud in this promotion, marketed

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Resulta penoso, lamentable y tremendamente injusto, acudir a una inmobiliaria para realizar la compra o venta de una vivienda con todas las garantías y comprobar, tiempo después, que la operación no se ha realizado, no se ha realizado correctamente o se ha llevado a cabo incumpliendo la normativa legal, fiscal, civil y, a veces, penal. Aunque "Palmera Properties S.L.", sus agentes, comerciales,

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Mr. Francisco Gutiérrez, Málaga Ombudsman, and Mrs. José Chamizo, Andalucía Ombudsman, introduced a new book "Real estate mobbing", based on all the cases dealt by Mr. Gutiérrez, real estate mobbing cases in Málaga. A lot of landlords (most of them, promoters) of "old rents" (with short rent payment) do not mantain buildings and houses, tenants live in very risky and bad conditions and they are

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Some years ago you bought a lovely house and received with it a huge mortgage. You was able to buy the house thank to the mortgage indeed. You remember the real estate agent explained to you all costs could be included in the mortgage. But now you have a really high monthtly instalments that you can not face. This is not an easy situation, of course, but you must try to deal with it in the best

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Mr. Antonio Morales has been elected as the new Málaga High Court Public Prosecutor, sustituting Mr. Manuel Villén, who has left his role to permit his daughter to be part of the Málaga Public Prosecution Body.Mr. Antonio Morales, which took up his new post in 13th January, explained he was arriving to that hard work with illusion, willing to listening to the citizens and helping them to

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Photo from "La Opinión de Málaga", Izaskun GuerreroGiven Mr. Faura is not taking care of some communications from the Court (he has been called to have his statement and he does not attend), he was arrested yesterday at 9,30 h by National Police, while he was at home.He was brought to National Police Station in Torre del Mar, where he spent nearly all the morning until he was brought to Vélez

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Maybe you have been told by any friend or buyer in the site. Fuente de Piedra Mirador promotions (phase I, about thirty houses handed over, and phase II, non built) have not electricity service.Electricity service (still building work light, not personal meters) was stopped two weeks ago by Spanish company Endesa. Now people living in phase I only has a provisional electricity generator which

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Maybe you paid 20.000 € or 50.000 € or more to buy a house three or four or give years ago. Now you are in the worst situation you were not able to imagine. The house has not been built or has been built partially or has been built illegaly. The promoter does not answer your request, maybe he is in or is about to be in bankruptcy, we are in the middle of a big world wide crash (promoter´s perfect

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Photo from "El País"Maybe you have heard about a criminal claim against Mirador and Palmera, which was being studied by a Málaga Court regarding La Perla, Fuente de Piedra I and II and Villanueva del Rosario, apart from other irregular businesses promoted by Palmera.It is possible you were told or you read that the Court which has been over the case decided to file it. It was last April, the

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We have talked a little about this subject in other posts. This one is especially for this question which can create you many problems.They are usually introduced by the real estate agent who affirms this lawyer will help you and will make you save money, as you do not have to look for other lawyer. Really false sentence.I can tell you from my experience, using common sense also, these lawyers

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As I always recommend, it is essential to read carefully and understand totally the document you are signing. I have found in many cases, a lot of buyers think they are signing a purchase contract. They feel they are doing that, maybe the real state (maybe Palmera Properties...) has given this wrong impression.However, the documents is not a purchase but an assignment of rights contract. In this

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Rincón de la Victoria is a lovely village near the beach in Málaga. This is part of its view from the mountain. You can buy a house there from Sherry Mirador (Grupo Mirador company), in Paraíso del Sol complex. As always, please, imagine you bought it six years ago, you paid deposit and amount over the contract and you were told the works would finish in a couple of years. However, time is

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Aifos (builds?) and sells all over Spain, especially, all over Andalucía. You will find their promotions marketed in Almería, Málaga, Cádiz... the impossible or difficult point is getting the house built legally. Their main goal is having your money, their obligations are not so important to care about...Many of their purchasers bought through Palmera Properties, where the problem starts. You pay

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You can watch a lovely clip in youtube (here you have) about a beautiful promotion in Fuente de Piedra. I have watched. Oh, what a waste of time. I see they do not explain to you some interesting details you need to know: first of all, they do not give any reason to understand why a promotion with ninety houses is not all sold after six years it was marketed. I can give to you some keys about it.

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Martinsa Fadesa is one between many insolvency cases in Spain. This is a huge one as the company was selling many promotions all over Spain. Some months ago the company communicated they get in bankruptcy and insolvency procedure was started at the Court immediately. The last new about the company would be very funny if it did not affect a lot of worried families: Martinsa Fadesa has sent a

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Getting your NIE is not only a suggestion, it is a strong recommendation I have to do. Most of the times you get involved with Spanish Law and, especially, Spanish Tax Law and you do not know what is the NIE.NIE is a Spanish Official Number which gives to you identification in order to act with tax purposes. You NEED this ID number to identify yourselves and you will not be able to sign any

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A lot of British citizens bought a house in the small city of Almoradí, in Valencia. However, five years after the payment, the house is not built.In fact, the house is not going to be built by Urbasa, which left the site alone and stopped more than two years ago. Now all Urbasa properties are suffering many arrests by tax authorities, individuals and providers. However, the worst point is one

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How many couples and small families are in a big problem? I still remember that mortgages signing in Notaries... you were able to find the borrowers -married or about to be, young, happy, ignoring what they were doing-, their parents -guarantee needed to have the loan-, and the house -over valuation, of course-, apart from the seller -glad to sell so expensive- and the real state -VERY PLEASED OF

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Maybe you visited Benalmadena and fell in love with its lights and beaches, food and people and, that day you were offered a nice apartment there which you coud afford, you paid for it. Time passing, you thought everything in Spain is made in a very slow way, then it was normal. One day you realise something is going wrong, you look for a lawyer and find a Spanish one who has not heard anything

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That is clear. Prices are 5 % lower this year. Teatinos (University area in Málaga) has dropped 9 %; you will find a rate of 2.337 € per meter there; 3.564 € per meter in Málaga center.Mediterranean Estate Meeting hold these days in Málaga (9th-12nd October) is offering interesting businesses: two rooms flat, with garaje, swimming pool and fitted kitchen in Rincón de la Victoria (Málaga), 175.000

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As you may know, Cogilgo´s insolvency proceeding was opened last July, with a warning in the Spanish Bulletin (dated in 5th July). Unfortunately, many British Buyers bought Cogilco´s houses, most of them, vía Palmera Properties, in promotions like "Las Mimosas" (Benalmádena), finished some months ago (including first occupancy license), with a great delay according to hand over date stated in the

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Only one Court is dedicated in Málaga to deal with company matters, including increasing insolvency proceedings, not only companies ones, but families that get in this because they can not pay their mortgages and other monthly instalments. Spanish Insolvency Act 2003 establishes a legal proceeding, the creditors meeting, in order to face the insolvency situation of a company, which means the

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Video about the sad situation of this promotion, sold but not built by "Grupo Mirador". Thanks to PublicoTV for the video. You will find translation into English below. REPORTER "La Fortaleza Development, three bedrooms, swimming pool, parking and paddle course, with a big, big green area". VICTIM BUYER Here it is where we are waiting for living in and there a big difference from this paper and

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I am very sorry about giving you a more warnings but the situation and behaviour of Grupo Mirador claims for it.Maybe you bought five years ago, you paid a significant amount of money and you did not get drawings, bank guarantees and building permit.Now they have sent to you a letter, in Spanish, and you feel something is happening. But WHAT?. They say legal terms you do not understand. Please,

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Benálmadena Council has announced a reduction in three municipal taxes in order to fight against the crisis.Ownership Council Tax (IBI, Impuesto de Bienes Inmuebles) period of due payment limit will be 31st October, instead of the current 1st July. And any owner who pays it by his bank account (standing order) will be able to pay it in two partly payments (5th July and 5th October).Buildings,

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Some newspaper has published the new (well, it is not exactly a new for us, but it is for many which do not realise the serious circumstances we are in), the Andalucía Supreme Court of Justice Chief Prosecutor has affirmed real state frauds are increasing in Andalucía.He has warned the situation is getting worst day by day and that the Chief Prosecutor Office is considering to prepare a especial

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In most of the cases, the problem which worries you is not new. Your feeling of concern starts when you realise something is not right in your purchasing. However, it is much more probable the irregular matters existed since the beginning.Dealing with sellers, developers or estate agents is not easy, none can denies it. But there are some interesting and useful issues you need to have clear

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Real states affirm they are out of money. It is something unbelievable. We can imagine at least a couple of uses they gave to those huge sums of money they received...Now the housing market is stopped, they offer you the best option, the business of your life: swapping the non-existing-house you bought, for the nearly-built-house-difficult to sell. The proposal is as clear as "taking the money

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I do remember, as if it was yesterday, my first client who bought through Palmera Properties and suffered their irregular and helpless way of dealing with contracts, purchasers, vendors and independent lawyers.She was a middle-age lady which was willing to live in Spain as her permanent residence. For that reason, once she has found a lovely house to rent in Rincón de la Victoria, she contacted

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Welcome to my blog.There is no point in it but helping you and helping me in your concerns and my work.That´s right: helping is my job, especially giving you the best advise in your purchasing, in that tax matter you think about or in the will you want to grant.Honouring Spanish Law is essential and, what is nearly more important, taking care of some very typical circumstances you will find in

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