2018 OFFER · 2021 COMPETITION · 2022 DEED · ACCOUNTS
The signed 25 January 2021 order, the 29 January court notice and deed no. 457 dated 21 February 2022 now allow recognised insolvency credit, mortgage liability, the threshold imposed on a third party, the debt stated as consideration for the dación and the separate sale of non-mortgaged assets to be compared directly. The decisive issue is the documentary bridge between each function.
Primary notarial source recovered · legal reconstruction remains open
This generated diagram is preserved as a provisional illustration. Its claim that no criminal or EOMF action followed is too broad: proceedings and archive decisions existed. The allegation concerns inadequate investigation, protection or supervision. Later 2021–2022 decisions cannot have caused a belief in 2019. Plan approval, physical possession, definitive disposal and conveyance are different events.
Six-stage documentary journey →
The signed 25 January 2021 order reproduces the Provincial Court default-interest amount and later daily accrual until the mortgage-liability cap was reached. This explains the arithmetic movement; it does not by itself determine its classification as finally recognised insolvency credit.
The 29 January 2021 notice derives it as the sum of the two mortgage components required from a third-party better bidder. Deed no. 457 later uses EUR 13,168,082.02 as the debt serving as consideration for the dación. The numerical identity is now verified; the legal bridge between those functions and the lawfully set-off insolvency credit remains to be demonstrated.
The notice separately states EUR 400,000 for assets outside the special privilege. In the reviewed operative and judicial-recap portions of deed no. 457, the dación concerns the mortgaged properties; those sections do not expressly re-execute the premises/pools sale or reconcile the 2018 cash payment.
This is the sum of both mortgage components, the EUR 400,000 and EUR 1,145,798.29 in community fees, before then-unquantified taxes and costs. It must not automatically be converted into CAM's price or recognised credit.
A third-party bidder documented an acquisition proposal dated 8 February 2021 for EUR 14.8 million covering the identified property perimeter. The bidder's identity is deliberately anonymised in the public record. Procedural filing, authority/funds and treatment at the licitation still require documentary closure.
Deed no. 457 requires the insolvency administrator to communicate it to the Mercantile Court within five calendar days and sets out cancellation requests. The next control point is the actual court filing, order/mandamiento and Registry implementation.
| Amount | Source currently controlled | Function that can be stated | What cannot be presumed |
|---|---|---|---|
| EUR 3,079,104.66 | 25 January 2021 order, reciting the 23 July 2019 Provincial Court decision | First-rank default interest within the better-bid calculation, with later daily accrual. | That it was automatically the final privileged credit to be set off. |
| EUR 3,182,000 | 25 January order + 29 January notice | Mortgage cap reached and component required from a third-party better bidder. | That the cap automatically became recognised insolvency credit. |
| EUR 13,168,082.02 | 29 January 2021 notice + deed no. 457, pp. 28–29 | January: mortgage-component better-bid subtotal. February: debt stated as consideration for the dación. | That numerical identity alone proves the legal correctness/classification of the credit or the absence of any residual. |
| EUR 400,000 | Notice + sale structure quoted in the 2022 appeals | Separate component for assets not affected by special privilege. | That it was absorbed, refunded, set off or legally regularised without the banking/notarial/Registry/accounting chain. |
| EUR 14.8m | Third-party bidder proposal dated 8 February 2021 | Concrete documented competitive proposal. | That it was admitted, fully funded or wrongly excluded without the licitation record. |
The website deliberately anonymises the third-party bidder's identity. For the relevant insolvency question, its procedural and economic function is enough: a EUR 14.8m proposal existed against then-quantified components totalling EUR 14,713,880.31, before additional taxes and costs that were not yet quantified. That nominal comparison does not resolve the remaining conditions. Court filing, authority, funds, judicial communications, 18 May 2021 attendance and exact procedural treatment remain to be closed.
The documentary record reconstructs a dación of mortgaged properties, a separate EUR 400,000 sale of non-mortgaged assets and a waiver clause whose wording and effect must be reconciled against the later acts.
The 2022 appeals reproduce the 18 May 2021 order as approving the proposal contained in the plan: apartments by dación in payment of privileged credits and premises/pools by a separate EUR 400,000 direct sale.
Primary source recovered: 76 pages. The deed transfers the described mortgaged properties to CAM and states EUR 13,168,082.02 as the debt serving as consideration for the dación. It also requires communication to the court within five days and sets out downstream cancellation requests. The legal correctness of the amount and actual Registry/accounting consequences must be proved separately.
The deed's identity, protocol 457, date, appearances, conveyance of the described properties, stated debt consideration and the communication/cancellation obligations and requests.
That every credit component was legally correct and finally privileged, that community/tax obligations were actually paid, that the Registry cancelled exactly as requested or that the estate had no residual.
The separate 2018 premises/pools transaction that was not judicially validated in 2019. The later title, entry and economic treatment that may have regularised that line must be identified.
EUR 13,168,082.02 no longer depends on a later summary: the deed verifies it as debt serving as consideration for the dación. That makes the title-and-classification question materially more concrete.
The anonymous EUR 14.8m third-party proposal allows the published threshold, actual competition, outcome and estate benefit to be compared without turning the bidder into a public protagonist.
The primary deed strengthens the closing chain for the mortgaged properties by dación, but it cannot be used as an automatic answer to the separate premises/pools and EUR 400,000 problem.
| Topic | Status | Next control |
|---|---|---|
| 25 January 2021 order | Primary signed judicial source located | Bind underlying interest certificate/calculation and exact Provincial Court source. |
| 29 January 2021 court notice | Primary court source located | Keep the legal functions of EUR 13.168m, EUR 400,000 and community fees separate. |
| Third-party proposal · EUR 14.8m | Document located; identity publicly anonymised | Close filing, authority/funds and licitation treatment. |
| Deed no. 457 · 21 February 2022 | Primary notarial source recovered and reviewed | Reconcile debt, orders, court communication, mandamiento, Registry and accounts. |
| Premises / EUR 400,000 | Separate component established; cure/final title open | Ledger, bank, non-validation, later title and Registry chain. |
| Final accounts / surplus | Primary closure pending | Accounts, balance, bank, cancellations and final decision. |
| Standing, finality and route | Counsel validation required | Party map, prior decisions, time rules and transitional law. |
Corrections and response. This is a living record. A higher-ranked primary source corrects any lower-ranked reconstruction. Documented material that weakens the thesis should be incorporated with the same provenance discipline.