EXCHANGE OF AFFECTED MARTINSA TRIALS FADESA. BILLS OF EXCHANGE. HOW TO OPPOSE TO SUE BANKS TO BUYERS FOR MARTINSA FADESA LEFT BILLS OF EXCHANGE PAYABLE.
HOW TO OBJECT TO COLLECT THE BANKS WHO WANT TO THAT AFFECTED FADESA MARTINSA STOPPED PAYING BILLS.
Many buyers of Martinsa Fadesa, at the prospect of not constructing the houses, stopped paying bills. Been a long time and for many nothing has happened. But recently we are seeing some banks, such as Banesto and Banco Santander, are suing buyers. Which is called exchange trials.
In principle, banks have a share exchange that is independent of the sales contract. The exchange action is that the holder of a bill of exchange may prosecute the drawers, acceptors guarantors and former holders of bills of exchange to pay if the drawee has not paid, ie the buyer of the house.
In principle the exchange action is independent of the contract that led to wage a bill of exchange and to be accepted as payment for a purchase. Normally, as we say, that has the letter may be charged if the contract is not fulfilled.
But banks do not have it all in his favor. If you purchased a bill of exchange did knowingly causing injury to the buyer, fought in the draft. This may object to the bank, the same reasons that could raise before Martinsa Fadesa.
And is that the bank acquired the drafts knowing that I could not do and that letters should have been deposited in an account dedicated to property development, and if the work is not done, so much money delivered as letters delivered, should be returned to the home buyer.
There are also many other reasons to win the trial exchange to banks but here we will give more clues, but there is abundant case law in which the exchange action of the banks is not possible because they could not justify why they have the letters of change in power.
Arriaga Associates is leading several objections to judgments exchange promoted by banks.
As soon as we will share more information.
Jes√ļs Mar√≠a Ruiz de Arriaga Rem√≠rez
MARTINSA AFFECTED FADESA. Lawyer, economist and consultant. An expert in bankruptcy law.