Serious Concerns About El Patio de Doña Julia
The development known as El Patio de Doña Julia, built by developer Evemarina is poised to become a real mess if our fears are confirmed. The chronology of events leading to Evemarina´s insolvency is known to those involved, except for the fact that the developer may have sold the whole development on the 21st of August 2009 to a company associated with Caja Rural, the savings bank financing the development.
We are naturally very worried, as we represent a large number of clients in El Patio de Doña Julia, most of whom already expressed their desire to pull out of the transaction due to a number of reasons, namely late delivery, faulty construction and presumably a lesser value than that reflected in the contract. So after we sent notice of cancellation (requesting full refund), and we received a letter back from the developer rejecting our demands and intimating that they would pursue our clients, it may soon transpire that the whole development has been handed back to the bank through a sale to a company called “Gestion de Inmuebles Virgen de los Peligros” (which in Spanish means nothing less than Virgin Danger Property Managers), without notifying legitimate purchasers with a valid contract.
Unfortunately Evemarina’s insurer ACC Zurich Insurance also rejected our attempts to cash the insurance policies on grounds that completion –with habitation license- had taken place in a timely manner, that is, before the final date to deliver the units agreed to in the contract. This date has attracted much controversy as it established an discretionary extension that has allowed Evemarina to finalize the works, in our opinion, without breaking the contract (thus preventing our clients to invoke this getaway clause so as to abandon a project for which they no longer had their hearts on).
If the above is confirmed, we can be faced with a scandal of significant proportions as not only Evemarina’s directors, but also the savings bank property management company, could be deemed to have engaged in a fraudulent scheme by selling the same properties twice without refunding the advance payments to the first buyers (in the case of Evemarina), and buying the units knowing that these had already been previously sold on a private purchase contract (in the case of Gestion de Inmuebles Virgen de los Peligros, AKA Caja Rural). This, may I add, will in most countries be construed as a criminal offense punishable with prison terms.
We will post regular updates on this blog post as we obtain fresh information.
This was posted in 2009 with the promise of regular updates. Where do I find those updates? I see a bank has begun selling these properties…
We will provide an update shortly.
thank you
Me, this may interest you, in relation to criminal charges being brought against EveMarina directors:
On 27/04/2012 I presented an accusation on behalf of Mr. F. M. against Francisco Borja Ramos Nuñez and Alfredo Gomez Veleiro, as President and Secretary of the Board of Directors of EVE MARINA SA for a presumed crime of fraud (double sale).
2. – On 27/05/2012 the accusation was admitted by the Court of Instruction Number 7 of Malaga, with prior formalities number 2728/2011. The Judge ordered that the accused declare in Court.
3. – On 14/11/2011 Mr. Alfredo Gomez Veleiro declared in Court, and he stated as follows:
That he ceased to be a member of the Board of EVE MARINA on the 28th. April, 2009, date on which he presented his resignation. That the owner of EVE MARINA SA is Francisco Borja Ramos Nuñez. That he did not know that the units of the promotion El Patio de Doña Julia had been sold to the company GESTION DE INMUEBLES VIRGEN DE LOS PELIGROS II SL.
4. – On 29/11/2011 Mr. Francisco Borja Ramos Nuñez declared in Court, and he stated as follows:
That they had sent an official fax to all the buyers for the signing of the title deeds, and that afterwards they sold the units to GESTION DE INMUEBLES VIRGEN DE LOS PELIGROS II SL. That this company had undertaken to subrogate themselves as sellers in the agreed sales.
5. – On 25/01/2012 the Public Prosecutor requests that the persons who signed de deed of sale between EVE MARINA SL (Antonio Herrezuelo)and GESTION DE INMUEBLES VIRGEN DE LOS PELIGROS II SL (Diego Garcia Losada) declare in Court.
6. – On 10/04/2012 Diego Garcia Losada declared in Court, and stated as follows:
That he knows nothing about the agreements between EVE MARINA SL and Mr. Murray, and between EVE MARINA SA and the Bank. That the only agreements
he know of are those mentioned in the deed of sale.
7. – On 16/05/2012 the Public Prosecutor requests that Francisco Borja Ramos Nuñez be required to substantiate what he has stated and that an order be delivered to the Guardia Civil to ascertain the address of Antonio Herrezuelo.
8. – On 10/08/2012 Francisco Borja Ramos was required to present evidence of what he has declared, but he has not yet done so.
At today’s date, the formalities are pending the declaration of Mr. Herrezuelo and the declaration of Mr. Borja Ramos Nuñez for the second time.
…. And what conclusion is to be taken?
The apartments are For sale now.