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martes, 28 de julio de 2015

SANTA ANA DEL MONTE: NEW JUDGEMENT SENTENCES BBVA AND SGR TO REFUND DEPOSITS

We have won a new Santa Ana del Monte case: Alicante Courts has just sentenced SGR ad BBVA to refund deposits, plus legal interest and legal cost, to several Santa Ana del Monte' purchasers.

Banks challenged our claim using standard arguments: lack of individual bank guarantee, payments weren't made into the right account (special) and  35% release agreed with San Jose is still applicable (although the company has been already called for liquidation).

But Judge understands that Banks are guarantors as long as there is a generic bank guarantee in place, so lack of individual bank guarantee is not enforceable against buyers. Same about the lack of payment into the special account: it's the builder's duty to do it.
In relation with the 35% release, Judge states that make no sense to discuss about it, as long as developer has been called for liquidation and it's clear that payments won't be made.

One more step.

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