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OUR HOME HAS BEEN STOLEN

Anyone out there that has been affected by injustice in the courts of Spain should understand the fundamental differences between civil and criminal cases as relating to the Spanish Constitution

Our home has been stolen
Saturday, November 27, 2010 @ 1:56 PM

 

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 (19th 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 8th 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 2nd September. We had been given the date of the 19th 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 4th 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 12th October – this changed to Friday 15th 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 25th October back-dated to the day before eviction 18th 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:
 
Protect all Spaniards and peoples of Spain in the exercise of human rights, of their
culture and traditions, languages and institutions
and Section 24 which reads
 
1. All persons have the right to obtain effective protection from the judges and the
courts in the exercise of their rights and legitimate interests, and in no case may there be a
lack of defense.
 
2. Likewise, all have the right to the ordinary judge predetermined by law; to
defense and assistance by a lawyer; to be informed of the charges brought against them; to
a public trial without undue delays and with full guarantees; to the use of evidence
appropriate to their defense; not to make self-incriminating statements; not to plead
themselves guilty; and to be presumed innocent.
 
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)
 
 


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5 Comments


Patman said:
Sunday, November 28, 2010 @ 1:18 PM

What a truly shocking story. Who in their right mind would consider investing in spanish property? First the Prior's, now this immoral act.


Mumashine said:
Wednesday, December 1, 2010 @ 8:32 PM

I cannot believe what I am reading - and feel so sorry for you - what a horrifying situation - I do hope your lawyer will be able to resolve quickly for the sake of you and your family.
To be honest I know nothing of Spanish Law and I am truely shocked by your comments - in my opinion (although worthless) if your property has been stolen from you which in theory it has - can the tables not be turned and your lawyer fight to make this a criminal case against the bank as opposed to a civil case - as clearly with the bank it sure has paid off in their favour.
I wish you and your family all the very best.


Peter2010 said:
Friday, December 3, 2010 @ 1:25 AM

Hi Mumashine,

Thank you for your kind words. Indeed this really is a terrible time and at the age of 64 and my poor wife at almost sixty we are not exactly at an age where we can hope to rebuild the life we have had to say goodbye to.

Your suggestion of turning the tables and prosecuting the other side under a criminal action has, of course, been considered. The acting party against my wife (the plaintiff), is in fact my own offshore company but still in the administrative hands of the bank who remain as my Nominees (refusing to surrender ownership in Gibraltar to me under their false claim of “unresolved business” or 17 years ago in 1993). In actual fact the last verifiable communication from the bank to me coming on the 30th June 1993 identified the “unresolved business” as having been entirely settled on the 16th June 1993. In seventeen years there has been no further communication from the bank with me whatsoever. The concept of me suing my own Gibraltar company here in Spain cannot possible work. The basic problem is the local court´s failure to correctly identify that it is me who is the real and beneficial owner of my company and therefore the property it owns. The Appeal Court of Malaga have recognised my true and “authentic” ownership and even declared that I cannot, for this reason, be removed from my own property. It has been the ignorance and refusal by the local judge to study my evidence of ownership or execute the orders of the higher appeal court that has resulted in our entire family being evicted from our home.

Of course, the basis of the court action and circumstances of the “resolved” or “unresolved business” has its roots in Gibraltar with this ruthless, spineless bank. They have used my company that they are supposed to be administering in my interest, as a vehicle to circumvent their own limitations imposed upon them under the UK (and Gibraltar) statutes of limitations which would dictate their rights of action, if they were to have any, as being extinguished by time limit. They are a bank registered in Gibraltar, under Gibraltar law and regulation. My company is a Gibraltar company, the bank´s problem, they claim, exists in Gibraltar against me alone (not my wife or any other family member) and yet in seventeen years they have shown no interest to take action where the problem lies – why – because they know they have no case. Instead they chose to take an innocent lady (who has never had anything to do with this bank) to court, knowing she was the weakest link with very little knowledge of what was going on; stealing our home, breaking up an entire family by lying in court and producing misleading evidence.

Now we come to the painful crunch. Of course I have looked at the possibility of suing the bank in Gibraltar. Firstly no legal aid exists for non-residents of Gibraltar and secondly, you must employ the services of a Gibraltar lawyer (no outsiders aloud). Matters relating to breach of fiduciary trust, and irregularities of this nature are considered as civil cases. Our Gibraltar lawyer, after full deliberation of our case has estimated the cost of a civil action against this bank at between 50,000 and 100,000 pounds plus expenses of expert witness, translations etc.etc.etc. It would take approximately 2-3 years to get into court. Whilst our lawyer feels we have an excellent case, because of the nature of an outside entity suing a leading bank in Gibraltar our chances would only be 50/50 of success. Banks have almost unlimited financial resources to protect their image and an uncanny knack of generating unseen paperwork. In the event of us losing we would be faced with the bank´s legal fees as well, pushing the figure well past 250,000 pounds in addition to losing our property.

Even if we could take a criminal action against the lawyer of the bank or their representative here in Spain, the provisions enshrined within the Spanish Constitution (art.24, Nos 1 and 2) for the protection of the defendant will weigh against us. Unlike the civil case against my wife, where our defense evidence was not considered; the evidence of the defendant in a criminal case has to be considered and need only produce the slightest doubt in the judge´s mind for us to lose the case completely and incur even further costs.

At the moment, my wife and I are just hoping that all the formal allegations against the local judge for this miscarriage of justice are being studied both in Malaga as well as Madrid and that I will win the reinstatement of my rights to occupy my own property.

Thanks again for your kind thoughts.
Peter2010



Peter2010 said:
Sunday, January 16, 2011 @ 8:01 PM

UNFORTUNATE TIMING AND FURTHER CATASTROPHE
Anyone following our epic long nightmare and the unimaginable injustice in Spain we, as a family have been suffering, with our home being stolen on the orders of the local judge in Estepona awarding possession of my property to a ruthless evil bank in Gibraltar, who has never even been to the property let alone owning it and despite sentences from the Appeal Court of Malaga overriding the locally concocted sentence, ordering the recognition of me as the owner and that I cannot be removed from my property I built and have lived in with my family for 25 years, may be interested to know what has now happened.
Without going over everything again, anyone new to my story should acquaint themselves with my earlier blog comments on this site with the blogs home “ Our home has been stolen” (27th November 2010) and “Unimaginable injustice in Spain” (15th December 2010). Or alternatively email me directly on peterestepona@hotmail.com and I will send as appropriate any missing comments or facts of the case.,
After months of waiting for our legally submitted appeals and oppositions to be heard in court – nothing has been forthcoming – not even acknowledgement from the courts – principally this is because legal protocol requires all appeals and oppositions to be first heard in the first instance presiding court – in this case, Estepona - the very court that has created all the injustice and pronounce wrongly; obviously they are not too enthusiastic about addressing their own irregularities – apart from the fact that Estepona is recognised as the worst court in Andalucia (ask any lawyer !!).
During the time we have been away from our home, the bank, solely on the basis of a provisional execution of sentence, has contracted the services of a property maintenance company firstly, to remove the remaining items of furniture and private possessions from inside our home, creating a mountain in the driveway, whereupon they were systematically and mechanically crushed, loaded into a truck and sent away for disposal (photos available). The almost 5,000 m2 of landscaped gardens has been transformed by a bulldozer digging up garden beds, uprooting trees, all of which I planted personally during the 25 years we have lived in the property. In the bank´s own interests of security this maintenance company has enclosed the entire perimeter with a two metre high security fence with barbed wire to prevent entry. The absence of any occupants in the property has left it vulnerable to attack, and sure enough it has been broken into twice where two outside doors have been smashed, windows and their frames have been removed along with the two boilers that provided hot water for the property. (In twenty five years we never experienced and burglaries or any kind of illegal entry ! and without a security fence !).
It has become evident that this bank is hell-bent on selling my property before real justice can be served and my property returned to me as the rightful and legal owner. On Thursday 13th January, it became obvious the works of closing the last sections of perimeter fence were upon us and the possibility of me entering the plot freely would be terminated within a day or two. At 7.00 pm I organised a Notary Public to accompany me the following day Friday 14th to enter the property unopposed, freely without violence or intimidation, without breaking or damaging anything and to assert my claim that I was repossessing my property. This was duly done at 8.45 am. When the workers arrived I may clear my intentions of not leaving the property where immediately their boss was phoned – I knew in that moment the sh*t was about to hit the fan!! I was now in the property –unfortunately, not the actual house but the property (In Spain the property is everything within the limits of its boundaries). Messages were being rapidly relayed to the boss of the maintenance company, on to the Bank´s sub-contractors, on to the bank and then back down to the bank´s lawyer who then phoned one of the workers asking to speak with me directly. This break in protocol was accepted by me and so I took the call from the other side´s lawyer. “why have you illegally entered the property- you have broken the law” to which I replied I had entered freely and without resistance etc.etc. “but you have still broken the law and this is still illegal entry” when I pointed out that I was accompanied by a Notary Public and an “Acta” was being raised in this moment his tone changed. “in that case I am inviting you to leave the property peacefully ” to which I declined his invitation whereupon he announce his intention to advise the police and bring them with him to my property; “fantastic” was my reply “how soon can they come” to which he indicated he would also advise the court “this is even better news, in fact it´s the best news I´ve had for some time – try and get whoever here as quick as possible, I´m waiting and I want justice” somewhat surprised the lawyer terminated the call.
In order to make my stay comfortable I had subsequently asked my two heavily pregnant daughters to help bring over some of life´s necessities – an inflatable mattress, sleeping bag, towels, washing items, cool box, cups, glasses, knive and fork, plates and bowls, mugs and a selection of food necessary for my immediate needs. My wife, the sole person genuinely name within the eviction petition, for obvious reasons, declined to attend for fear of arrest.
At 3.45 pm the Bank´s lawyer arrived at the front gate, needless to say, without a police accompaniment – “where are the police” I immediately asked, “I have come here to invite you to leave the property peacefully and without resistance” to which I replied “I should like, again, to decline the invitation, I intend to stay until justice is served” - “of course you realise there will be consequences by you declining my offer” to which I responded “the only acceptable invitation to leave will be when it comes from a judge telling me I do not own my property and that I have no entitlement to remain - only then will I leave” this lawyer somewhat perplexed, I asked “why did you take a case against my innocent wife , who is now so ill over the whole affair and is presently under psychiatric treatment – did no one have the balls to take the case against me – the one everyone supposedly has the problem with” to which he made the most absurd statement “you told the court your wife lived here alone and that furthermore you were divorced ” - “WHAT, what the hell are you saying this is absolute lies” I immediately called my daughter over and asked him to repeat exactly what he had said in front of my daughter as a witness ; his lips remained shut after several further requests for him to repeat his statement, I said “you call yourself a lawyer, you make an untruthful statement and haven´t got the ¨cojones¨ (Spanish for balls) to repeat what you have just said in front of a witness”. I then drew his attention to the fact that the sentences from the Malaga Appeal Court had clearly identified me as the owner of my property and the instructions that, in this case of eviction, I cannot be removed and that additionally I had been absolved of all pretensions derived from the eviction case – “ ah but this is Estepona and we obey the courts of Estepona who ordered everybody out of the property, not Malaga” to which I answered “but are you telling me that the higher provincial court of Malaga´s sentences are overridden by the local first instance court of Estepona” to which he repeated “ I have already said, this is Estepona and we obey the courts of Estepona” how ridiculous and totally illegal - after a few more niceties he left visibly perspiring, presumably to get the police.
An hour or so later the National Police arrived at my property simply to take the names and details of persons present. When they enquired as to what this was all about and an explanation was given with the offer of showing them the relevant sentences etc, they were equally confused as anyone coming into contact with this whole case – they left us alone, my daughters and son-in-law outside the property and me locked inside behind the iron gates not knowing whether any charges are being brought or not.
As night fell my son-in-law and my two daughters bid me goodnight with a kiss through the railings to return home to their own respective young daughter being looked after by my other son-in-law.
Being unable to enter the house without breaking something – which could put me in trouble before proceedings are issued, I was forced to “set up home” in a corner of the covered terrace, quite cosy and somewhat protected from the elements. Once the inflatable mattress was up, topped with a colourful double sleeping bag, pillow, two fold up chairs, candles in bottles etc. my adventurous spirit was starting to kick in. I read the newspapers SUR in English and Euro Weekly did a Sudoku had a bite to eat and was ready for sleeping at the unearthly early hour for me 10.00 pm . It had been an eventful day and I really was so tired. My mobile phone awoke me with a call from my eldest daughter asking whether I had had a goodnight´s sleep and was warm enough through the night – I thanked her for all the help she had given the day before but was unaware of what news I was about to receive within the hour. At 9.15 my other daughter called to say that her sister had gone into labour, a week before the due date ; it appears that all the activity of the day before and attached emotions had triggered the onset of labour. At 6.15 pm our third grand daughter was born, and I was locked in my own property unable to see our daughter or glimpse a view of our newest arrival. It was just twenty four hours before I had kissed my daughter goodnight through the railings. Apparently she had started labour pains at 1.00 am and when she spoke to me at 8.15 didn´t want me worrying about her condition.
It is now 8.00 pm Saturday 15th January – a day I will never forget. Self-imposed imprisonment within my own property being unable to be with my daughter, see my new grand daughter and the rest of the family, all in the interests of seeking justice in Spain and the return of what is rightfully mine makes me very sad.
As I have no fixed telephone line where I am, least of all internet. My only means of communication being by mobile phone or visits from the other side of the gate, I have to write on my laptop and save to pen-drive for uploading by another member of the family so dates of submitting may vary.
15TH January 2011
Peter2010
peterestepona@hotmail.com



Peter2010 said:
Tuesday, February 1, 2011 @ 2:28 PM

For anyone who may still remain interested in our situation and our ongoing fight for justice here in Spain will be interested to know that I am still in self-imposed captivity within my own house. I am still living on the outside covered terrace where I have remained for nearly three weeks. The gates are padlocked from outside and security fence now encloses the entire property. The bank, in their perverted way of believing they own my property, have sealed the house, installed security lights and CCTV cameras to monitor activity outside the property. The first 10 days were bitterly cold but I managed to block off some openings with industrial plastic sheeting and that kept the elements at bay. A butane gas heater was brought to me along with a generator and microwave, so for the moment, and with better weather, I´m quite comfortable. I am also able to use my laptop and have a “dongle” to provide me access to internet and talk with the family via Skype.

The reason I am still remaining, is to provoke the bank into taking action against me for illegally entering a property they believe is theirs. This is what they have expressed to my Spanish lawyer. Until I am ordered to by a court I will not be leaving – I desperately need this opportunity to demonstrate that the property entered into is mine, I will then be able to produce all the court sentences that state, in no uncertain terms, that I am the owner of my company and in consequence the owner of this property, and that this bank are merely the administrators of my company with no legitimacy of ownership. This is the whole crux of this terrible miscarriage of justice. I have been removed from my property, that I built and lived in with my family for 25 years with no debts, mortgages or registered charges whatsoever either in Spain or Gibraltar where the company and the bank are domiciled.

Unfortunately, the delays and non cooperation of the courts of Estepona, which saw the injustices perpetrated against me and my family in the first place, are now acting against the bank who want to get a speedy case against me. So I too must continue to wait for ever, I suppose. Still spring is coming.

I am resilient and I will not be leaving. A lot of my time is taken up writing a daily journal of events and reflections on this eighteen year long nightmare. This has already reached over 20,000 words. When I get to 100,000 words perhaps I should look for a publisher !!

Anyone wishing to contact me directly is welcome to email me at peterestepona@hotmail.com

Peter2010
Estepona


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