JUDGEMENTS AGAINST TRAMPOLIN HILLS' BANKS Two more
judgements from Valencia Courts have sentenced Caixabank & Cajamar to
refund deposits to Trampolin Hills buyers. The
sentences declare that bank’s liability applies as long as they were not only
depositaries of the deposits but also jointly guarantors, although no
individual bank guarantees were given to the buyers we represent. The
judgement includes the payment of the legal interest from the date of the
deposit’s payment to the developer, which roughly is 3% per year. Obviously,
Banks have appealed both judgements, but we do expect that they are confirmed
by the appeal court. If you have
also paid money for an off plan property that wasn’t completed in time, is time
for you to contact us.
DOS NUEVAS SENTENCIAS CONDENAN A LAS
ENTIDADES BANCARIAS IMPLICADAS EN LA PROMOCIÓN TRAMPOLÍN HILLS Dos nuevas sentencias de juzgados de
Valenciacondenan a Caixabank y a
Cajamar a pagar a compradores de la promoción Trampolín Hills Golf R…
HIGH COURT SET A NEW PRECEDENT UP ABOUT SANTA ANA DEL MONTE'S CASES AGAINST BANKS A large class action filed in behalf of Santa Ana del Monte's buyers was rejected several years ago by Alicante's Courts, because they interpreted that buyers who accepted the builder's payment proposal in the meeting of creditors' proceeding, waived to the bank guarantee regulated by 57/68, because Spanish Civil Code states that any amendment to the debt agreed between debtor & creditor without the guarantor's consent implies that cancellation of the bank guarantee. We decided to take the case to High Court, because bank guarantees for buyers deposits shouldn't be considered regular guarantees, but specials, given that they are regulated on a specific law, 57/68 Act, which forces builder and banks to guarantee the refund if the factor addressed by the law are found by courts, and states that these guaranteed can't be waived. This means that is a guarantee imposed by la…
After two days of private deliberations, last
Tuesday High Court plenary made a controversial decision and amended it’s
previous precedent about the payment of the mortgage tax: 15 days after
sentencing that are banks who should pay the tax, they stated that tax
debtor should be the borrower. A few hours after this controversial judgement,
Spanish government announced that mortgage tax law is being amended, so banks
pay the mortgage tax from now on.
So what does it means this scenario for you?
Obviously, new court decision prevent borrowers to claim directly the refund to
tax office. But we highly believe that you still should claim for your mortgage
tax refund, together with other mortgage expenses, under certain conditions. Who is entitled to
claim? Individuals or even companies who are legal
considered consumers: people who mortgage their principal or holiday home.
Those whose business was to purchase, sale or built properties fall outside of
the scope of the consumers’ protection la…