Banks Liability Under LEY 57/68

Hi Maria

So even if the devlopers take years to comlete properties and without many of the advertised facilities, the fact that the properties were eventually built and granted FOL, totally takes away any claim we may have had against the lawyers who continued to let us pay 2nd and 3rd deposits, knowing that our money was never protected and that the Developers/Banks broke nearly every part of these purchase contracts.   

With regards to LEY 57/68 and in my opinion, the law in Spain does very liitle to protect innocent buyers who have simply been conned out of huge amounts of money, or seen properties knocked down and land reclaimed.  I would also understand things a lot more if the Banks/Devlopers actually contacted many of these innocent buyers, and at least offered them discounted properties from the huge amount of real estate sat empty, and which continues to be a huge hole in the Banks balance sheets.  Surely this would help Spain recover or am I just a very simple, optimistic and honest person unlike when I stepped off the plane in Spain and trusted others!!!

Not until the Spanish Authorties and hopefully the European Union take full responsibility and action against the Developers, Banks and Corrupt Lawyers, will Spain ever recover from the state it is currently in, and seen as a great place to be/invest money in again.  

Dear Maria,
Which region is not interpreting the law correctly and are the authorities aware of this from their monitoring procedures?

Also who is monitoring major court and judicial delays (which appear to be in contravention of the rule of law ) that have compromised so many innocent purchasers striving for recognition of their inalienable rights according to existing law ?

Keith quoted back in 2010 the following

"It is not LEY 57/68 that has failed.

The failure is that of the authorities whose duty it was to uphold the rule of Law.  Shame on them.  "

Delays in some regions are now so abusive (without any effective time constraints in place) that this needs to be effectively tackled, especially for those innocent purchasers who were pioneers in this sorry saga and won their cases many years ago, proving developer breach of contract, only to be continually met by a succession of further delaying tactics orchestrated by the Banks.

It's a disgrace that needs to be highlighted and sadly does the judicial system in Spain no favours, nor does it inspire confidence in a judicial system that allows the Banks to continue to abuse innocent purchasers in this manner.

Facts relating to these instances of major compromising delays and non sensical appeals (according to existing law where inalienable rights are well defined) need to be brought to the attention of the judiciary at preliminary hearing stage and reinforced within continuing legal arguments, and surely should play their part in gaining speedy rulings to enact return of monies, otherwise there appears little disincentive for the Banks to continue with their manipulative ploys.

How do you and Keith feel this can be effectively tackled for those who have been striving for justice for all too many years (some in excess of 10 years)?

Justice delayed on this scale as described in my posting below is surely justice denied.

These instances relating to major delays need to be correctly logged and identified to those responsible for safeguarding the rule of law in Spain, and where applicable to the European Commission.

Shouldn’t these compromising instances be identified by those legally representing clients if we are ever to regain trust in the legal system in Spain?.

Please Maria and Keith, could you therefore identify if you are willing to follow this through for those clients who are exposed to this denial of justice on this scale?

Also do your litigators provide judges with the detail relating to timeframes that clients have been subjected to, to date, so that they can fully appreciate the requirement to safeguard the rule of law?

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Thanks for your questions. I am answering and commenting below in bold green ( as always!--- green is the colour of hope!

Justice delayed on this scale as described in my posting below is surely justice denied.

These instances relating to major delays need to be correctly logged and identified to those responsible for safeguarding the rule of law in Spain, and where applicable to the European Commission.

Shouldn’t these compromising instances be identified by those legally representing clients if we are ever to regain trust in the legal system in Spain?. We are going to the Supreme Court in our representation of clients in Murcia region. This region has been very difficult in terms of off plan rights protection along all these years. I trust all will come to a good end. Supreme Court is being very active, wise and accurate in recent Court decissions in regards to Law 57/68. We are more hopeful than ever but the fight needs to keep goiong ahead .

Please Maria and Keith, could you therefore identify if you are willing to follow this through for those clients who are exposed to this denial of justice on this scale?

Also do your litigators provide judges with the detail relating to timeframes that clients have been subjected to, to date, so that they can fully appreciate the requirement to safeguard the rule of law? We report this to the Claims department of the General Council of Judicial Power on a regular basis.

Thank you for your reply Maria.

Could I ask how does the GCJP (General Council of Judicial Power) follow up on your actions relating to compromising delays on this scale? Is their remit only concerned with delays to judicial rulings, or does this also cover major court administration delays? If court delays are not part of their remit, then which authority/council is responsible, and should this also be reported to them so as to place on official record the failings within the system that are ultimately leading to the failure to safeguard the rule of law in Spain?

Have the GCJP responded, and do they keep you abreast of their subsequent actions? How does reporting these facts to them impact/improve the timeframes associated with ongoing individual lawsuits? Have you witnessed any effective action on their part, or is this reporting mechanism proving non-effective?

To your knowledge, do they have any powers with regard to reform of the existing system, and do they have any influence or contact with the Supreme Court in Spain, so as to make them aware and mindful of Banks "playing the system of delays" on this scale to their own advantage, which in itself negatively impacts the rule of law in Spain?

Surely major delays on this scale that impact timely recognition of inalienable rights according to existing law cannot be overridden or overlooked in this manner.

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Answering to you below in bold green:

Thank you for your reply Maria.

Could I ask how does the GCJP (General Council of Judicial Power) follow up on your actions relating to compromising delays on this scale? Yes, it does. Is their remit only concerned with delays to judicial rulings, or does this also cover major court administration delays? Both: everything related with fast and efficient administration of justice. If court delays are not part of their remit, then which authority/council is responsible, and should this also be reported to them so as to place on official record the failings within the system that are ultimately leading to the failure to safeguard the rule of law in Spain?

Have the GCJP responded, and do they keep you abreast of their subsequent actions? They acknowledge receipt of the same but not much further information is provided. How does reporting these facts to them impact/improve the timeframes associated with ongoing individual lawsuits? I assume it does but cannot tell you how.  Have you witnessed any effective action on their part, or is this reporting mechanism proving non-effective? I think it is effective, of course, as everything, it can be improved. I have sen Courts changing for better speed after reports of ours but I cannot know what/how made the impact to this.

Some related posts:

http://www.eyeonspain.com/blogs/costaluz/4126/legal-tip-341-nice-paragraph-by-the-general-council-of-judicial-power-in-spain.aspx

 http://www.eyeonspain.com/blogs/costaluz/4457/legal-tip-385--new-initiatives-by-the-general-council-of-judicial-power.aspx

http://www.eyeonspain.com/blogs/costaluz/4755/legal-tip-424-the-president-of-lawyers-for-collaboration-to-improve-justice.aspx

http://www.eyeonspain.com/blogs/costaluz/10942/Legal-tip-1000-Spanish-Courts-under-auditing.aspx

To your knowledge, do they have any powers with regard to reform of the existing system, and do they have any influence or contact with the Supreme Court in Spain, so as to make them aware and mindful of Banks "playing the system of delays" on this scale to their own advantage, which in itself negatively impacts the rule of law in Spain? I guess they do.

Surely major delays on this scale that impact timely recognition of inalienable rights according to existing law cannot be overridden or overlooked in this manner.

See last post on Law 57/68 and  Supreme Courts rulings!: http://www.eyeonspain.com/blogs/costaluz/14580/legal-tip-1276new-supreme-court-rulings-on-law-57-68.aspx