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  • San Jose

    I recieved a letter yesterday from my Spanish Lawyers which states the following:

    We have been notified by the committee,appointed by the Mercantile Judge of the Province of Alicante,that the Group San Jose have presented an application for bankruptcy proceedings,which has been admitted.

    Due to the above mentioned we would be obliged if you could contact our offices as soon as possible in order to have a meeting with a Lawyer and obtain information regarding this matter.

    I purchaced my property last year and can only think it has to do with either the title deeds or the fact the maintenance contract has been stopped ie:swimming pool/gardens!

    I have tried all day to contact the Lawyer but been put on hold each time,wiil try again later but if anybody has any ideas,please advice!

  • #2
    San Jose

    Why dont you try posting this thread onto the Professional Forum (on the home page), its for Legal, Fiscal and Real Estate, A legal professional will then come back with an answer, perhaps they could help you more?

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    • #3
      Thanks Chrisdee have posted thread on Proffesional forum-hope to get feedback soon as Lawyers are on Summer hours ie: mornings only!

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      • #4
        Phil don't mind me asking but where have you bought?

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        • #5
          san jose

          I own property on playa golf 2!

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          • #6
            san jose

            Have been informed today that the Title Deeds ARE the reason for the above letter,apparently the Lawyers have been trying to obtain these from Madrid for the last 12 months without any success and now that San Jose have gone under they still hold them and this presents a problem with ownership and they could after a Judge ruling seize any assets to pay of creditors.

            I obtain the property via Atlas International and been informed by them that a lot of others are in the same position as myself,if anybody else is in this position I would like hear there opinion.

            Worrying times ahead I feel for the property market as a whole!!!!!!!!!!!!!!!!

            Comentario


            • #7
              I asked a Spanish lawyer who posts on another sight, the question regarding deeds on homes built by San Jose.
              These are the replies;



              7/14/2008 7:53:00 AM

              mariadecastro

              Sent to:

              sping
              Dear Joe:

              As a background commentary so they do not feel so stressed, please say to them that they will not be losing their properties. Do they have power supplies connected?

              Please ask them to contact me anyhow so they can be more assured on your situation.

              Best regards,

              Maria
              _______________________

              Maria L. de Castro, JD, MA

              Lawyer

              Director Costa Luz Lawyers - About us



              7/14/2008 7:51:00 AM

              mariadecastro

              Sent to:

              sping
              Dear Joe:


              Please have answers below in bold green ( same text of your message):



              Q; Hola Maria,

              I have seen your posts regarding the San Jose situation and the information you have given. I have a property on Playa Golf III which was built by San Jose. We are lucky that we do have our deeds and a certificate of habitation, but some of the other residents that completed at the same time as ourselves have not yet received these documents.


              Their worry is that the administrators will list them as creditors and so, even that they have paid for the property, have completed and moved in, they might still loose the property without the deeds being issued to them.

              Can you give any advice or help as to the legal status of these owners who are still waiting for the deeds please.

              A; They need to formally request from the Administrators on their deeds. We would be pleased to assist them on that. Please ask them to please send an email to us at mldecastro at costaluzlawyers.es or marialuisa at costaluzlawyers.es. Deadline for doing so expires on the 5th-9th of August depending on if the company they bought from was Herrada del Tollo or San Jose.





              Thanks.


              Thank you in anticipation of your reply.

              Joe Dembinski (Sping)


              _______________________

              Maria L. de Castro, JD, MA

              Lawyer

              Director Costa Luz Lawyers - About us

              Comentario


              • #8
                According to spanish law. anyone that is buying of plan is entitled to a bank guarantee of all their moneys paid until they sign their deeds.
                In case th builder goes bust, all your money paid out would then be reimbursed form that bank.
                Do you have one of these? If so you will not loose your money. If the building is finished but you havent got your title deeds, then you wont loose your property, but it could take time before you can get your deeds and becasue of that you wont be able to get water and electricity.

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                • #9
                  Hi Nalle,
                  In the case of Playa Golf III R3; we are all connected to the water and electricity supply, we have an urbanisation president and committee. But only some of us have our deeds and I think all of us have the habitation licence.
                  Sping.

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                  • #10
                    san jose

                    I have today spoken to the lawyer and they a posting me the necessary documents for me to sign given them the go ahead to apply to the Judge appointed in this case regarding the application for title deeds.
                    I also spoke to Atlas an they said its the first time its happened to builders they are associated with!

                    My apartment was paid in full just over a year ago and water/electricity was connected just after moving in and I have the document regarding "habitation licence".

                    The Reason I did not chase up the title deeds over the last year because the lawyer/Atlas said at the time they have known cases that deeds have taken up to 3 years so my advice is if anybody is waiting for there deeds make enquires NOW!!!!!!!!!

                    Thanks Sping and Nalle for feedback.

                    Comentario


                    • #11
                      San Jose (Bank Guarantees)

                      Originalmente publicado por Nalle Ver Mensaje
                      According to spanish law. anyone that is buying of plan is entitled to a bank guarantee of all their moneys paid until they sign their deeds.
                      In case th builder goes bust, all your money paid out would then be reimbursed form that bank.
                      Do you have one of these? If so you will not loose your money. If the building is finished but you havent got your title deeds, then you wont loose your property, but it could take time before you can get your deeds and becasue of that you wont be able to get water and electricity.
                      I think the problem is, for many, that the builder did NOT give them a Bank Guarantee, Nalle. In the forum that Sping refers to, Maria said it's ok, the problem will just need to be tackled in a different way, as far as I can recall.

                      Comentario


                      • #12
                        We also bought through ATlas on PG3 - R3. We decided to also use as recomended by Atlas Aroca solicitors and fiscal representation.

                        Aroca wrote to us as the deads where sent to them and we collected them last year. If not already done so it may be worth checking with the solicitor / your fiscal representative as Atlas did not get involved in this part of the process with us.

                        Barry

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                        • #13
                          Hi Barry, we went through the same process as you and got our deeds last year.
                          But it seems that there are some on our urbanisation that have not received their deeds, even though they also bought through Atlas and use Aroca as their solicitors and fiscal representatives.
                          We actually went to the notary with a couple from our urbanisation to get all the legal paperwork signed off, we have our deeds but the other couple have not.
                          Sping.

                          Comentario


                          • #14
                            Sounds like we where lucky.

                            Hope to see you when we are over, parents are also out again late September.

                            B

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                            • #15
                              Weird situation here.
                              if you have your deeds and habitation, then you havent any problems at all, except for possible nuisance if communal areas are not totally ready and roads not done yet. If you have you OWn water and power, but dont have the your copies of the deeds. You shouldnt have any problem.

                              If the building isnt finished and you dont have a bank guarantee. its a courts case.

                              if you are still on builders water and power and doesnt have the copies of deeds or habitation. speak to your lawyer ASAP and try to get it. You will need your own supply as his will be cut.
                              I think most of San Joses buildings are finnished though so hopefully no-one will suffer to much

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