BMN RETURNS 70,000 EUROS FOR NOT DEMANDING A PROMOTER BANKRUPTCY ADVANCEMENT OF ADVANCES.
The entity has recognized, through judicial acquiescence, that it collaborated with a Promoter who did not comply with the Law.
The plaintiffs, neighbors of Yecla, decided the acquisition of a offplan house in that town. In 2006 they signed a private contract and a construction period was established, during which advances were paid on account for an amount of more than 174,000 euros. The fate of those payments was not to pay for the construction of the building. The house, despite these installments, was mortgaged and the mortgage was not raised after the delivery deadline.
After the developer failed to meet the deadline and not to lift the charges, the affected sued the developer and its administrator without getting anything. The promoter must have responded, but she has no assets or money, she is bankrupt. The same happens with its administrator, nor does it have known assets free of charge. Even the affected party has gone through criminal proceedings, due to alleged misappropriation of the promoter, and said proceedings are being investigated by the court.
At this point, and through the legal office headed by Magdalena Rico Palao, the plaintiff sued CajaMurcia (current BMN), since the entity had to demand the guarantee from the promoter of the return of the amounts delivered through a joint and several loan provided by Entity registered in the Bank and Bankers Registry
By not doing so, and not verifying the existence of guarantees, the BMN entity becomes jointly and severally liable for the return of said amounts, given that it knew the destination of the amounts deposited in its accounts (owned by the developer) by the buyers.
This supposes a breach that, before the insolvency of the promoter, must be compensated by means of the restitution of the anticipated thing.
BMN voluntarily acknowledges the return of the amount of € 70,000.00, an amount that has been returned in fact, consigning the amount in favor of the affected consumer, since this amount was paid by the buyer through a bank transfer made in the account of the promoter in CajaMurcia (now BMN SA).
However, those affected delivered to the developer, on account of the price and in several payments, the total sum of € 174,000.00. (In cash 104,000 euros, in transfer 70,000 euros), so, as reported by the Attorney Magdalena Rico Palao, the lawsuit will continue in the Court of First Instance of Yecla for the remaining amount of 104,000 euros.