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Home > Litigation, Property > Promociones Eurohouse 2010 Files For Receivership

Promociones Eurohouse 2010 Files For Receivership

April 9th, 2010

As we had previously reported on the month of February 2010 Promociones’ Eurohouse 2010 receivership was imminent. Perhaps the “2010” included in its name was as an ill omen.  

The official announcement (http://www NULL.boe NULL.es/boe/dias/2010/03/30/pdfs/BOE-B-2010-10991 NULL.pdf) has now been made in Spain’s Law Gazette. Creditors will now have 30 days to lodge their credits joining the Creditor’s List.

The deadline to join the Creditor’s List ends on the 30th of April 2010. Credits submitted after the said deadline may be jeopardized.

Non-exhaustive list of affected off-plan developments:

  1. Fortuna Golf Gardens
  2. Fortuna Hills Golf Resort
  3. La Mirada
  4. Residencial San Pedro
  5. Residencial Miramar
  6. Miramar
  7. Residencial San Pedro del Pinatar

Off-plan purchasers need to collate the following original documents:

  1. Original Private Purchase Contract
  2. Original stage payment receipts of having sent over the funds (including the initial reservation deposit) on to Promociones Eurohouse 2010.
  3. Original bank guarantees (http://www NULL.marbella-lawyers NULL.com/articles/showArticle/spanish-bank-guarantees).

To represent a client throughout the whole receivership procedure (not just to merely add them to the Creditor’s list) a Power of Attorney will be required which needs to be both notarized and legalized (with the Hague Apostille). Arranging this POA takes on average 7-10 days from the UK so it is advisable to plan ahead so as not to overrun the 30 days deadline.

Lawbird offers this legal service for a flat fee of €1,300 plus sundries (TBA).

Payment in installments is available upon request.

Appointed lawyers will seek to best defend client’s interests in the ensuing procedure taking the following actions, amongst others:

  1. Claiming from the judicial administrators the creditors’ position of the clients submitting all the necessary documents on time and in the due manner. To challenge adopted resolutions on the matter if proven detrimental to the inclusion in the Creditors’ List (this may entail additional legal fees).
  2. Continued monitoring of the receivership procedure ensuring client’s rights are upheld
  3. To negotiate with the judicially-appointed administrators reaching agreements as necessary.
  4. To keep the client informed on the ongoing procedure
  5. Assisting to Creditors’ meetings to defend the client’s interests
  6. To claim or challenge judicially agreements taken by Elche’s Mercantile Court number 3.

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