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GM ON THE PRESS / GM EN LA PRENSA

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INTERVIEW TO GUADALUPE SÁNCHEZ ON THE "COSTA BLANCA NEWS" NEWSPAPER
The "Costa Blanca News" newspaper interviews Guadalupe Sánchez about the last cases won by  GM LEGAL EXPERTS. The article is specially focus on developments Santa Ana del Monte and Trampolin Hills.
To read the interview, please click on below images.
ENTREVISTA A GUADALUPE SÁNCHEZ PUBLICADA EN EL PERIODICO COSTA BLANCA NEWS
El periodico "Costa Blanca News" publica la entrevista realizada a Guadalupe Sánchez sobre los últimos casos ganados por GM LEGAL EXPERTS, especialmente los relacionados con las promociones Santa Ana del Monte y Trampolin Hills.
Para leer la entrevista, pinche con el ratón sobre las imágenes que se muestran a continuación.


GM ON THE PRESS / GM EN LA PRENSA

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ARTICLE ON LA VERDAD NEWSPAPER ABOUT LAST TRAMPOLIN HILLS' CASE WON

Murcia region newspaper "La Verdad" publishes an article about the case won recently by our Law Firm in behalf of several buyers of properties in Albudeite (Grupo Trampolin)


LA VERDAD 18/9/2014 Unos compradores de Trampolín logran recuperar su dinero

ARTICULO EN EL PERIODICO "LA VERDAD" SOBRE EL ULTIMO CASO GANADO POR EL DESPACHO RELATIVO AL GRUPO TRAMPOLÍN
El periodico "La Verdad" de Murcia publica hoy un artículo sobre el reciente caso ganado por el despacho en representación de varios compradores de viviendas del Grupo Trampolin en Albudeite.
LA VERDAD 18/9/2014 Unos compradores de Trampolín logran recuperar su dinero


GM LEGAL EXPERTS WON CASE / CASO GANADO POR GM LEGAL EXPERTS

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ROYAL DREAMS OF ALBUDEITE (GRUPO TRAMPOLIN): VALENCIA MAGISTRATES' COURT NEW JUDGEMENT ORDERS BTA INSURANCE TO REFUND DEPOSIT TO PURCHASERS
Courts are moving forward in the purchasers protection, to make sure that they could get back their savings when properties are not built or completed by the time agreed on contracts. And the new judgement from the Valencia Appeal Court is a good example.
The Court has ordered BTA Insurance to refund deposit, plus legal interest since payment to Trampolin, to several purchasers of the development in Albudeite.
BTA Insurance signed a class insurance with Trampolin in 2008, to guarantee the refund of deposits paid for properties in the Albudeite resort. When our Law Firm sued them in behalf of several buyers, the claimed that class insurance wasn't valid, as they wording stated that their liability just arises when individual insurance policies were issued. They said also the deposits were not paid into the account mentioned on the class insura…

GM LEGAL EXPERTS WON CASE / CASO GANADO POR GM LEGAL EXPERTS

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GARDENS OF MANILVA: NEW JUDGEMENT FROM SEVILLE'S COURTS SENTENCES CAIXABANK TO REFUND DEPOSIT PLUS LEGAL INTEREST TO BUYERS
Yes, we did it again. Seville's First Instance Court has just sentenced Caixabank to refund deposit plus legal interest and defence cost to our customers, who bought two properties in Gardens of Manilva.
Bank's defense was based on the lack of individual bank guarantee, and the "exhaustion" of the amount guaranteed. In addition, Bank was claiming that 57/68 Act wasn't applicable because our customers bought two properties so, in their opinion, they were investors and no consumers.
But the judge dismissed all the Bank's arguments to challenge our claim, because he interprets (as we do) that rights ruled by 57/68 Act are unwaivable, so any limitations to those rights agreed between Banks and developers are not enforceable against purchasers.
We are sure that this judgement will give string encouragement and hope to buyers of Garden of Mani…

LEGAL NEWS / NOVEDADES LEGALES

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EUROPEAN COURT OF JUSTICE: SPANISH INHERITANCE TAX IS AGAINST EUROPEAN LAW
The judgement of the European Court states that Spanish Inheritance Tax discriminates against foreign nationals based on "residency" criteria, which involves a restriction on the free movement of capital.
This judgement cannot be appealed, so the Spanish Government must now amend the inheritance tax law. Furthermore, this ruling could be used by those european national foreigner who did pay the inheritance tax to claim for the proportional refund.
GM LEGAL EXPERTS' legal team would be delighted to provide you further information about this matter.



TRIBUNAL EUROPEO DE JUSTICIA: EL IMPUESTO DE SUCESIONES ESPAÑOL ES CONTRARIO A LA LEY EUROPEA.

La sentencia del Tribunal Europeo establece que el impuesto de sucesiones español discrimina a los extranjeros europeos en base a los criterios de "residencia", lo que implica una restricción a la libre circulación de capitales.
Esta sentencia no se puede …

GM LEGAL EXPERTS WON CASE / CASO GANADO POR GM LEGAL EXPERTS

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HACIENDA BUENAVISTA (SIERRA MAR DEVELOPMENTS, MIJAS): BANCO POPULAR IS HELD LIABLE FOR BUYERS' DEPOSITS ALTHOUGH NO INDIVIDUAL OR GENERIC BANK GUARANTEES WERE GRANTED
Although no individual or generic bank guarantees were given, we claimed Banco Popular's liability under the provisions of the 1st article of the 57/58 Act First Instance Court from Marbella, because the account where deposits were paid into was really an special account, although Bank and Developer used the name "ordinary".
Our understanding is that the enforcement of mandatory laws must not depend on the good will of the parties and, obviously, should ensure protection for third parties acting in good faith (purchasers).
Luckily,  the Judge of the First Instance Court in Marbella was of the same opinion, and declared that account was really "special", no matter the name given by the parties, so Bank should have made sure that deposits were withdrawn just for building purposes, and should have a…

GM LEGAL EXPERTS FINAL MEETINGS' SCHEDULE IN UK CONFIRMED. INFORMATION UPDATED

IMPORTANT UPDATE 09/03/14: GM Legal Experts meetings in London Cancelled

GM LEGAL EXPERTS final meetings’ schedule in UK confirmed. Please find below details of dates, times and locations. If you are interested in meeting Guadalupe Sánchez in one of the below dates/locations, please contact us as soon as possible at info@gmlegalexperts.com
BELFAST:
Day: Thursday, September 4th,  Time: from 14:30 to 16:00.  Place: Belfast Int Airport (Cafe Bar, Arrivals area)
BIRMINGHAM:
Day: Thursday, September 4th Time: from 20:30 to 21:45 Place Airport Hotel (Ibis Birmingham Airport)
Day: Friday, September 5th Time: from 9:30 to 12:00 Place: Lutterworth Golf Resort, Rugby
GLASGOW:
Day: Friday, September 5th Time: from 19:30 to 20:45 Place: Glynhill Leisure Hotel Glasgow Airport


If you can’t attend meetings, but are seeking for legal advice, please do not hesitate to email us at info@gmlegalexperts.com

GUADALUPE TO ATTEND MEETINGS IN UK

We would like to inform you that Guadalupe is organizing meetings in UK for the first weekend of September (between the 4th to the 8th). Final dates and places will be confirmed depending on the number of people who previously confirm us their interest to attend meetings. So if you are interested in meeting with Guadalupe, please let us know and email us to info@gmlegalexperts.com.

LEGAL NEWS / NOTICIAS LEGALES

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HERRADA DEL TOLLO APPLIES FOR LIQUIDATION AT MERCANTILE COURT
07.30.2014 UPDATE: BANKRUPTCY COURT ACCEPTS REQUEST AND CALLS HDT FOR LIQUIDATION

We would like to inform that, last Friday, Herrada del Tollo was forced to apply for the voluntary liquidation of the company at the Mercantile Court in Alicante, because they are not able to fulfill with the creditors’ agreement and release the first 10% payment of the debt to the creditors.
Please note that when the mercantile court accepts this request, all the properties purchase contracts signed with HDT that haven’t been cancelled yet, will get automatically cancelled. Furthermore, the Mercantile Court will declare the breach of the 35% release and 5 years payment schedule agreement, which won’t be valid any longer. 
These are positive news for those plaintiffs who have already started legal proceedings agains the Banks and voted in favor of the creditors agreement, because banks now won’t be able to challenge the claim using as argument tha…

GM LEGAL EXPERTS WON CASE / CASO GANADO POR GM LEGAL EXPERTS

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RESIDENTIAL SECUOYA (JOEL HOMES): BUYERS TO RECOVER DEPOSITS, NO MATTER BANK GUARANTEES WEREN'T GIVEN
We are proud to say that we have once again helped purchasers, who bough one off plan property that was never completed it, to recover their deposit, plus legal interest form the payment to developer, although individual bank guarantees were never given.
This time, the purchasers bough in 2006 one property in "Residencial Secuoya", which was built by Joel Homes in Las Herrerias (Cuevas del Almanzora, Almeria). The deposits were transferred to one bank account opened in Bancaja (now Bankia), who also provided the financing for the development.
After some investigations, GM LEGAL EXPERTS found that there was a generic bank guarantee in place, and decide to sue Bankia for the whole amount, plus legal interest, despite purchasers never got the individual bank guarantee, because the lack of delivery of the individual guarantee and the payment of the deposit into one ordinary ban…

PRESS REPORT / NOTICIAS DE PRENSA

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INTERVIEW TO GUADALUPE SANCHEZ ABOUT "INTEMPO" BUILDING ON THE SPANISH NEWSPAPER "DIARIO INFORMACION"
The Spanish Newspaper "Diario Información" posted last Saturday a brief interview to Guadalupe Sánchez about the "InTempo" building (Benidorm). On the interview, Guadalupe confirms the existance of generic bank guarantees granted by the developers' Bank (Nova Caixa Galicia) and explains the legal chances of the purchasers to recover their deposits.
Please find below the link to the interview:

ENTREVISTA A GUADALUPE SÁNCHEZ SOBRE EL EDIFICIO INTEMPO PUBLICADA EN EL DIARIO INFORMACION
El Diario Información publicó el pasado Domingo una breve entrevista a Guadalupe Sánchez sobre el edificio "InTempo" en Benidorm. En la entrevista, Guadalupe confirma la existencia de avales colectivos prestados por el banco que financia la promoción (Nova Caixa Galicia) y explica las posibilidades legales de los compradores para recuperar las cantidades en…

GM LEGAL EXPERTS WON CASE / CASO GANADO POR GM LEGAL EXPERTS

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COURT JUDGEMENT: BANCO POPULAR' SWAP CONTRACT DECLARED NULL AND VOID
The swap contract was offered by Banco Popular to the plaintiff after the signature of a mortgage for his property. The plaintiff believed that he was signing an insurance to prevent the increase of his mortgage interest rate, but Bank didn't provide him information about the consequences of lower interest rates.
First Instance Court from Orihuela declares that the swap contract is null and void, because the clauses are extremely complex, so it must be offered to people with the appropriate profile (investors). Our client wasn't an investor and did understand the risk of the contract, as long as no information or explanation was offered by the Bank, so his consent to the swap contract wasn't valid.
The Bank must refund now all the extra interest charged to our client as a consequence of the swap.
SENTENCIA QUE DECLARA LA NULIDAD DE UN CONTRATO SWAP.
El contrato Swap (o de intercambio de tipos de interés) s…

GM LEGAL EXPERTS WON CASE / CASO GANADO POR GM LEGAL EXPERTS

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BANKS SENTENCED TO PAY 800,000 EUROS PLUS INTERESTS TO SEVERAL PURCHASERS OF SANTA ANA DEL MONTE WHO NEVER GOT INDIVIDUAL BANK GUARANTEES, AS A RESULT OF A CLASS ACTION LAWSUIT 
SGR & BBVA have been sentenced to pay about 800,000 euros plus legal interest to several purchasers of Santa Ana del Monte (Jumilla), who joined a class action lawsuit over enforcement of generic bank guarantees, as the court understands that the lack of delivery of individual bank guarantees can't limit the purchasers' unwaivable rights established in the 57/68 Act.
However, the sentence has dismissed the claim in behalf of some buyers who arranged the cancellation after the meeting of creditors or voted in favor of the creditors' agreement, because the criteria of this specific court is that just purchasers who arranged the cancellation before or during the Bankruptcy proceeding, and didn't accept the release and payment schedule proposal, are entitled to enforce the generic bank guarantees…

GM LEGAL EXPERTS WON CASE / CASO GANADO POR GM LEGAL EXPERTS

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ANOTHER COURT RULES THAT RELEASE AND PAYMENT SCHEDULE AGREED ON MEETING OF CREDITORS' AGREEMENT DON'T APPLY TO BANK GUARANTEE
Although this is a controversial issue, every time more and more Courts are ruling that release and payment schedule accepted by the purchaser on the meeting of creditors' agreement don't apply to Bank Guarantees. Therefore the Bank must meet the total payment (legal interest included) in a single payment.
This time the ruling is against Banco Pastor (now Banco Popular), and refers to one bank guarantee given to purchasers in El Pinet (San Jose Inversiones y Proyectos Urbanísticos).
OTRO JUZGADO DECLARA QUE LA QUITA Y ESPERA ACORDADA EN SEDE CONCURSAL NO AFECTA AL AVAL BANCARIO
Aunque es cierto que nos encontramos ante una cuestión controvertida, cada vez más Juzgados están resolviendo que la adhesión por los compradores a los acuerdos de quita y espera en sede concursal no determina la novación o extinción del aval. Consecuentemente, el banco avali…

LEGAL NEWS / NOTICIAS LEGALES

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FOR THE FIRST TIME IN DEMOCRACY, MOST OF THE MAGISTRATES OF THE NATIONAL HIGH COURT AND STATE ATTORNEY, AGAINST THE AMENDMENT  OF THE "UNIVERSAL JUSTICE" ACT
Five of the six Magistrates of the National High Court and the State Attorney have hardly criticized the amendment of the "Universal Justice" Act, which was approved, as a national urgency, by the  Spanish Government. The Magistrates refuse to dismiss the cases of crimes against the humanity and genocide that they have been investigating over last the years. As a result of the new Act enforcement, more than 40 drug lords have been already released.
For the the first time in democracy the magistrates of the National High Court join forces against an Act approved by the Government.
http://politica.elpais.com/politica/2014/05/22/actualidad/1400784189_270618.html

LA MAYORIA DE MAGISTRADOS DE LA AUDIENCIA NACIONAL Y EL FISCAL GENERAL DEL ESTADO SE MUESTRAN ABIERTAMENTE CONTRARIOS A LA NUEVA LEY DE JUSTICIA UNIVERSAL. E…

GM LEGAL EXPERTS WON CASE / CASO GANADO POR GM LEGAL EXPERTS

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SUCCESSFULLY ENFORCED BANK GUARANTEE FOR "RESIDENCIAL AQUA NATURE" - MAHERSOL
The Court of Valencia didn't accept the argument put forward by the Bank, that the cancellation of the purchase contract involves the cancellation of the Bank Guarantee. Furthermore, the Court ruled that the private agreement reached by the purchaser with the developer to get just the principal paid within a few months doesn't apply to bank guarantee, so the Bank must meet the total payment (interest included) in a single payment.



EJECUTADO CON ÉXITO UN AVAL PARA EL RESIDENCIAL AQUA NATURE DE MAHERSOL
El Juzgado de Valencia rechazó la oposición del Banco relativa a que la resolución del contrato de compraventa determina la cancelación del aval. Además, el Juzgado declara que el acuerdo alcanzado por el comprador con el promotor para cobrar el principal de forma aplazada no determina la novación del aval, por lo que el Banco debe pagar la totalidad de la suma avalada (intereses incluidos) en un…

GM ON THE PRESS / GM EN LA PRENSA

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NEWSPAPER "LA VERDAD DE MURCIA" HAS PUBLISHED INFORMATION ABOUT THE CASE WON AGAINST CAM AND BTA FOR SOLERA EL TRAMPOLIN
Today, the newspaper La Verdad de Murcia has published the news referred to the ruling which condemn the CAM BANK and BTA DRAUDIMAS to refund the deposits of our clients who bought their properties from Solera el Trampolin.


http://www.laverdad.es/murcia/v/20140410/region/obligan-caja-devolver-dinero-20140410.html


NOTICIA PUBLICADA EN EL DIARIO LA VERDAD DE MURCIA SOBRE SENTENCIA CASO SOLERA EL  TRAMPOLIN CONTRA CAM Y BTA
Hoy, el Diario La Verdad de Murcia se hace eco de la sentencia en la que se condena a  la CAM y a BTA DRAUDIMAS a devolver el dinero a clientes de nuestro despacho que compraron a Solera el Trampolín.

http://www.laverdad.es/murcia/v/20140410/region/obligan-caja-devolver-dinero-20140410.html

SOLERA EL TRAMPOLIN: GM LEGAL EXPERTS WON CASE / CASO GANADO GM LEGAL EXPERTS

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CAM BANK AND BTA DRAUDIMAS INSURANCE COMPANY SENTENCED TO REFUND DEPOSITS TO PURCHASERS OF SOLERA EL TRAMPOLIN - ROYAL DREAMS OF ALBUIDEITE!!!!!
Three purchasers of Solera in Trampolin, who bought properties in the development of Albudeite, are recovering their deposits after the First Instance Court from Alicante sentenced Cam Bank and BTA Insurance company to refund them their money.
Although our customers just held fake individual bank guarantees from "Swiss Financial", the Court from Alicante understand that CAM Bank and BTA are jointly liable pursuant to the 57/68 Act.
Regarding CAM Bank, the ruling states that they are liable although generic or individual bank guarantees were never granted. Given that we provided evidences in Court that the CAM account were deposits were paid was special, the judge understands the CAM breached the duties of care regulated in article 1.2 of the 57/68 Act, and allowed Solera El Trampolin to withdraw deposits without controlling the purpose…

GM LEGAL EXPERTS LEGAL NEWS / NOVEDADES LEGALES GM LEGAL EXPERTS

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DID YOU PAY A DEPOSIT IN "EDIFICIO INTEMPO" (BENIDORM), AND DON'T WON'T TO WAIT ANY LONGER FOR THE COMPLETION? YOU DON'T HAVE TO! THERE IS A GENERIC BANK GUARANTEE!!

Although it was unexpected, we were able to finally unveil the generic bank guarantee signed by Olga Urbana with Nova Caixa Galicia to guarantee the refund of the deposits to purchaser in the infamous "Edificio Intempo", in Benidorm. So many people who were waiting for the completion of the property as the only alternative to avoid the lost of the deposit could now claim the refund to the Bank, plus legal interest, under the provisions of the 57/68 Act.


We are preparing a low cost class action, and you are still in time to join it, so do not hesitate to contact us for further information.



¿HIZO ENTREGAS A CUENTA PARA LA COMPRA DE UNA VIVIENDA EN "EDIFICIO INTEMPO" (BENFORM) Y NO ESTÁ DISPUESTO A ESPERAR POR MÁS TIEMPO A QUE FINALICEN LAS OBRAS? NO TIENE QUE HACERLO! EXISTE UNA LÍNEA …

GM LEGAL EXPERTS WON CASE / CASO GANADO POR GM LEGAL EXPERTS

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VALENCIA MAGISTRATES COURT REJECTS BANKIA'S APPEAL AND CONFIRMS THAT GENERIC BANK GUARANTEE FOR EDIFICIO TORREBLANCA (AUGIMAR) IS ENFORCEABLE
La 7th department of the Valencia Magistrates Court has confirmed the ruling from the First Instance Court of Valencia which stated that generic bank guarantee agreed between Bankia and Promotora Augimar for Edificio Torresblancas (Castellon) is enforceable, so the Bank is liable for the deposits paid by purchasers, no matter if they don't hold individual bank guarantees.

Therefore, Bankia has been sentenced to pay to the purchaser the deposit, plus legal interest and defense cost for both proceedings (first instance and appeal)

LA AUDIENCIA PROVINCIAL DE VALENCIA DESESTIMA EL RECURSO DE APELACIÓN DE BANKIA Y DECLARA SU RESPONSABILIDAD RESPECTO A LOS DEPÓSITOS ENTREGADOS CON FUNDAMENTO EN LA LÍNEA DE AVALES
La sección 7º de la Audiencia Provincial de Valencia ha confirmado la sentencia dictada por un Juzgado de Primera Instancia de Valencia …

GM LEGAL EXPERTS LEGAL NEWS / NOVEDADES LEGALES GM LEGAL EXPERTS

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UNVEILED GENERIC BANK GUARANTEE FOR "LA RESERVA DE MARBELLA" DEVELOPMENT
The deposits paid by many purchasers of "La Reserva de Marbella" might be covered by the generic Bank Guarantee agreement signed by Banco Popular with the developer. 
Therefore, any purchasers who have already requested or claimed for the cancellation of the purchase contract could be entitled to retrieve their deposits plus legal interest.
DESVELADA LA EXISTENCIA DE UNA LÍNEA DE AVALES PARA LA PROMOCIÓN "LA RESERVA DE MARBELLA"
Las cantidades entregadas a la promotora por muchos compradores de "La Reserva de Marbella" podrían estar garantizadas por el Banco Popular en virtud de la línea de avales que se suscribió con la promotora. Por ello, cualquier comprador que haya optado por la resolución del contrato podría reclamar al Banco la devolución de lo entregado, incrementado con el interés legal correspondiente

GM LEGAL EXPERTS WON CASE / CASO GANADO POR GM LEGAL EXPERTS

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NEW RULING FROM THE 7th DEPARTMENT OF THE VALENCIA MAGISTRATES' COURT: 20% RELEASE AND PAYMENT SCHEDULE AGREED WITH SAN JOSE DON'T APPLY TO BANK GUARANTEES FOR EL PINET
Past December the 11th Department of the Valencia Magistrates' Court ruled that the 20% release and 5 years payment schedule agreed with San Jose on the meeting of creditors' agreement don't modify the Bank Guarantee given to purchasers who voted in favor to the creditors' agreement, which can be enforced for the full amount plus legal interest.
Now, the 7th Department of the same Magistrates' Court has decided to join the same criteria, sentencing the SGR to refund the whole deposit, plus legal interest calculated since the payment to the developer, together with the defense cost.
However, this is not a pacific question because there are other departments of the Magistrates' Courts and First Instance Courts ruling that release and extension affect to bank guarantee. So still much more need…

GM LEGAL EXPERTS LEGAL NEWS / NOVEDADES LEGALES GM LEGAL EXPERTS

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UNCOVERED THE GENERIC BANK GUARANTEE FOR GOLDEN SUN BEACH RESORT – BAHIA DE PULPI
Since last year we have followed up the lead of the generic bank guarantee for the development Golden Sun Beach Resort, Bahia de Pulpi, that Torrevisa SA built in San Juan de los Terreros (Pulpí).
A few days ago we could finally confirmed that there is a generic bank guarantee from Bancaja (now Bankia) in place. These are obviously excellent news for purchasers, because now they have a reallistic chance to recover their deposits plus legal interest calculated since the payment to developer.
We are currently preparing a class action that would reduce substantially the expenses of the process, so we would advise anyone interest to contact us.
CONFIRMADA LA EXISTENCIA DE UNA LÍNEA DE AVALES PARA LA PROMOCIÓNGOLDEN SUN BEACH RESORT – BAHIA DE PULPI
Desde el pasado año venimos siguiendo la pista a la línea de avales de la promoción Golden Sun Beach Resort, Bahia de Pulpí, que Torrevisa construyó en San Juan de l…