OUR HOME HAS BEEN STOLEN

Names and identities cannot be quoted, as many aspects remain subjudice.

 

A ruthless Gibraltar Bank with a history of criminal activities and a Spanish lady judge that chooses to ignore documentary evidence, purposely delays her decisions and shows no interest in administering fair justice are the ingredients to the biggest nightmare of a lifetime which has lead to our family home being stolen from us; shattered dreams and near suicide.

 

Having started this blog I should really continue.

Unfortunately we are still reeling under the emotional shock of having had my house stolen and been put on the streets along with my wife and other family members just over three weeks ago (19^th October 2010). Proving the justice system in Spain is a total farce. I have all legal proof of being the owner and sole occupier, along with my family, of our home for over 24 years. I have not been provided by the courts of Spain with a single opportunity to demonstrate my ownership of my own property. No legal charges have been raised against me, I have not been questioned over my ownership and yet a lady judge has decided that my property doesn´t belong to me, she correctly identified that it belongs to a Gibraltar off-shore company – the thing she has missed entirely, intentionally or accidentally, is that I am the owner of that off-shore company – I even have Spanish court sentences and legal adjudication from 1995 up until April 2010 identifying me as the true owner of my company and therefore the owner of my own property and cannot be removed from it.

 

Every single bill, whether it was purchasing the land, building the property, applying for licences and permissions from the Spanish Tax authority, paying community, electricity and water since 1984 has been met exclusively by me.

 

This was no ordinary eviction and no ordinary property. My property, a seven bedroom villa on over 5,000 m2 landscaped gardens , was built by me in 1985/86 after I purchased the land in 1984. The property has no mortgages, liens, encumbrances or any registered charges. Since completing the building, my wife and I and our young family moved into the property and have remained the sole occupants of the property for 24 years.

 

This outrageous and malicious judicial miscarriage has its roots in a document raised in 1986 to protect my wife´s financial investment in which she, along with me, paid for the land and constructed our beautiful home. This document, between my wife and I, guaranteed her rights of occupation until 2004. The reason for this agreement was that I alone am the beneficial owner of the offshore company that bought the land in 1984 and built the property during 1985/6 so for her reassurance, this private unregistered, agreement was established with a nominal rental of just ten pounds per week.

 

When I moved the administration of my Gibraltar Company to a Gibraltar Bank in 1990 I had confidence my interests would be well cared for – how wrong could I be. I placed my trust in this bank´s then managing director and entered into financial speculation solely upon his recommendations. Within a year or so of my involvement, this chief executive had managed to embezzle over 71,000,000 pounds (yes, seventy one million pounds ) out of his own bank and put my financial situation along with many other customers´ in dire jeopardy through the ill-advised schemes many of us were cajoled into participating in.

This ruthless bank had acquired Gibraltar´s oldest family bank in 1987 which had been functioning as a private bank since 1855. Within just three years its managing director had embarked on one of Gibraltar´s most outrageous frauds , swindling 71,000,000 pounds being out and into companies of his own making, speculating in land deals on the Costa del Sol. Even after his removal, fraudulent deceit towards customers continued. Just this year alone, they were fined over 1,700,000 euros by the Spanish Supreme Court for failing to provide information on money laundering cases. A 100,000,000 euros return to customers was ordered by the Danish Banking regulators, upon this bank´s parent company for mis-selling investments, many of which were sold in Gibraltar. I mention this because it is this bank that has played the major role in having me and my family evicted by appearing in court with an out-of-date power of attorney, lying and misleading the courts into believing they alone are the owners of my company. Arrangements between offshore companies and beneficiaries are conducted using trustees and nominees to act in the interest of the real, usually anonymous, owner. It is their names that appear in Gibraltar as “formal” shareholders they most certainly are not the real owners. This fiduciary arrangement is alien here in Spain. In Spain he who `holds´ the shares, owns the company.

 

An unresolved dispute with this bank back in 1993 had lay dormant for years until this bank realised that the private agreement, of 1986, between my wife and myself, acting for my company, came to an end in 2004. This unscrupulous bank jumped at the opportunity of suing my wife in Spain for illegal occupation of our family home on the grounds that her legal entitlement had come to an end. They sued for her eviction alone – not mine, nor our daughters or their husbands that live with us – with their two daughters - just my wife alone.

 

Despite my wife´s defence based on being married to the real owner and over 25cms high of documentary evidence of real ownership, lawful and continued occupation was pitted against a sharp lawyer from the bank with a manila folder containing an out-of-date power of attorney, evidence that showed my company owned the property and a Gibraltar Companies House extract showing his bank as `holding´ my shares – this was sufficient to convince the young lady judge that they were in fact the owners of my property and ordered my wife´s eviction. This was in 2007. During the last three years, we have been waiting on appeal from Malaga Appeal court that did in fact uphold the sentence but absolved me of any pretension arising from my wife´s case – stipulating that I could not, in this action, be removed from my own property. The Appeal sentences reiterated recognition of my “authentic” ownership of my company and the property in litigation. This was fine by me and our lawyer – my wife would walk out of our home and be invited back in by me one hour later, legally as my permanent guest.

 

Now this is Spain – We were advised that execution of the eviction would be notified by May 2010 - it was prepared and signed locally on the 8^th June and took 7 weeks to travel 4 kms arriving at our home on the last hour of the last day of July when the courts were closing for summer recess. The execution sentence had been mysteriously changed from that which had been dictated by the Malaga Appeal Court – it now reflected that everyone within the property was to be evicted leaving free vacant possession to the bank. Because of the delay in being delivered it was not until after the summer recess that our legal opposition could be entered on the 2^nd September. We had been given the date of the 19^th October that execution of eviction would take place. This confusion had to be sorted out – The higher Appeal Court had ordered just my wife out, recognising me as the real owner that could not be removed. We now had seven weeks to get clarification as to exactly who was being evicted. Throughout September we were given numerous dates on which the presiding lady judge would clarify matters - all of which passed without answers. By the 4^th October our lawyer advised us that with the uncertainty and the risk of not getting a response in good time we should consider emptying the entire home – all 23 rooms just in case she doesn´t concur, as she is legally obliged to, with the Appeal Court Sentence. By now on an almost daily basis our lawyer was pushing for her deliberations but nothing was forthcoming. The week before execution she confirmed her decision would be made on Tuesday 12^th October – this changed to Friday 15^th October when she then advised she would study the case over the weekend giving her decision at 1.00 pm on Monday (the day before execution) Monday came with no response only that she would meet her legal obligation to answer before execution on the following day. Our lawyer waited at the court house from 9.00 am to confront the judge. 11.00 am the lawyer was driving over to our house when a call to his mobile phone carried the judge´s sweeping statement “everybody out”.

 

One hour later, the court officials arrived along with a bank´s lawyer and other officials, a locksmith, two policemen and a Gibraltar real estate agent. We were all required to leave our home – leaving a lot of furniture and personal items that we were unable to remove in time. I insisted on remaining armed with all the documents of ownership and original sentences from Malaga – none of which was going to stop the policemen from carrying out their duty. Had I resisted, I would have been physically handcuffed and arrested and charged with disobeying police orders – which I was informed could lead to a conviction, unrelated to the eviction, which could carry a 6 month prison sentence.

 

All other family members having already left , I got in my car and drove away from my home of 24 years with total strangers wandering around inside whilst the locksmith hammered away at the front door changing the locks. The feeling of loss and total devastation was overwhelming. Possession in those short moments was lost.

 

The written clarification from the judge finally arrived 6 days later on the 25^th October back-dated to the day before eviction 18^th October. The clarification was ambiguous and at no point did it mention me or my eviction – just my wife being cited !

 

We are now fighting for justice from outside – appeal has already been entered to the Supreme Court in Madrid. This can take up to 8 years to resolve. Official complaint against mal-practice by the judge in question which we might hear something within two months. In the meantime, our home is now abandoned, the landscaped gardens are becoming neglected, the swimming pool green.

 

And how has all this come about ? – initially, by breach of fiduciary duties and irregular practices perpetrated by the Gibraltar bank and now ignorance by the courts in Spain of banking procedures in Gibraltar and the denial of basic human rights enshrined within the Spanish Constitution.

 

Within the undertakings of the Spanish Constitution, the Preamble states its mission to:

 

and Section 24 which reads

 

 

 

One would assume, reading this, that in Spain a fair trial may be expected and the full use of evidence in defense guaranteed. This is, most certainly, not the case !– any lawyer will tell you these provisions and rights are only available to criminals or suspected criminals in criminal cases – NOT IN CIVIL CASES – these provision DO NOT apply.

 

In civil cases the presiding judge alone decides upon which evidence he or she may review to form her adjudication and sentencing. A fair trial CANNOT BE GUARANTEED in a civil case in Spain. ( We now know why so many people lose their homes in Spain despite everything being in order with their licences and paperwork in place – their evidence doesn´t have to be studied if the judges decides not to)

 

At the end of the day, I have not been charged, no accusations laid before me, no court case, no opportunity to defend myself or present the plethora of evidence supporting my real ownership of my property, built and paid for with no registered charges liens or encumbrances has now been taken from me – STOLEN FROM ME with the help of Spanish injustice and legal incompetence. (or other “outside” influences)