Tag: judge

Riu Hotels Wins a Small Victory Over Casanova in the Dispute Regarding Edificio España

1 March 2019 – El Español

A small victory (bringing the total to two) for Riu Hotels in the fight for ownership of the commercial space in Edificio España. The judge has dismissed the precautionary measures that the Baraka group, owned by the Murcian businessman Trinitario Casanova, requested to prevent the registration of the property in the name of the hotel group.

The magistrate has rejected the claim on the basis that there is no evidence, “in a clear and unequivocal way, of the relationship that must necessarily exist between what is claimed in the lawsuit and what is recorded in the Property Registry”. Specifically, Baraka requested that the inscription in the registry should include a note establishing the existence of a dispute over the ownership status.

The objective of that measure is to ensure that any possible investor in the commercial space knows that problems may arise in the future regarding the ownership. Nevertheless, the magistrate considers that the group owned by Trinitario Casanova has not proved its ownership of those spaces in the correct way.

Baraka is going to appeal

Specifically, and according to explanations provided by the group, there is a discrepancy between its lawyers and the judge because the lawsuit against the hotel firm was made directly by Baraka’s parent company, rather than by the company that the group used to purchase Edificio España (and which was subsequently transferred to its parent company ahead of the sale to Riu).

This is the second time that the courts have rejected Baraka’s requests, which in the opinion of Riu Hotels is good news. “We are continuing to work to open Hotel Riu Plaza España in the summer of 2019”, said the group in a statement to this newspaper.

The decision by the judge will be appealed by the Baraka group (…) and the Murcian group is convinced that it is in the right.

Original story: El Español (by Arturo Criado)

Translation: Carmel Drake

Riu Wins Legal Battle over Ownership of Edificio España

15 November 2018 – Preferente

On Thursday, the judge of the Court of First Instance number 51 of Madrid rejected the provisional measure requested by Grupo Baraka against Riu Hotels regarding Edificio España, where the hotel chain is finalising the construction of the largest hotel in the centre of the Spanish capital.

The judge sided with Riu and ruled that Grupo Baraka must pay the legal costs. Baraka sought to record in the Property Registry that an open litigation case existed regarding the ownership of the building, but that claim has been rejected by the court.

Riu considers that the legal ruling clearly shows “the lack of basis imposed by Mr Casanova and his business group, which represents an important step for clarifying that Riu is the sole owner of the property”.

The hotel chain led by the siblings Carmen and Lui Riu expects to open its new hotel in Madrid, the jewel in the crown of the Riu group, next spring.

Original story: Preferente (by R. P.)

Translation: Carmel Drake

Centerbridge & Blackstone Join Forces to Bid for Santander’s Ciudad Financiera

13 September 2018 – Expansión

A consortium led by the US funds Blackstone and Centerbridge is emerging as the main favourite to buy Banco Santander’s headquarters in Boadilla del Monte (Madrid), in one of the largest real estate operations of the year in Spain, which is set to exceed €3 billion.

The court that is overseeing the creditors’ bankruptcy of Marme Inversiones, the company that has owned the so-called Ciudad Financiera Santander since 2008, has asked the parties interested in purchasing this asset to submit their binding offers by Monday 17 September at the latest. The objective of the bankruptcy administrator is to use the funds raised to repay Marme’s debt in full.

According to market sources, the funds GSO (a subsidiary of Blackstone specialising in restructured debt) and Centerbridge are preparing a joint offer that could amount to €3.1 billion. These investors are negotiating to finance their proposal with a loan that could be led by Deutsche Bank.

Second attempt

Both GSO and Centerbridge are now creditors of Marme, given that they purchased some of the debt from the banks that loaned money to the company back in the day. Their bid could be pitted against others from creditor funds such as Avenue Capital, according to sources close to the process.

During the creditors’ bankruptcy, which began in 2014, GSO and Centerbridge already tried to take control of the company, with a proposal to buy Marme’s share capital and retain the current debt. It was a similar strategy to the one pursued for several years by Aabar (an Abu Dhabi fund) together with the British-Iranian investor Robert Tchenguiz, after buying some of the debt granted to Marme by the bank RBS.

But the administrator has decided to conduct a formal auction so that the interested parties can bid together for the Ciudad Financiera and whereby allow all of the liabilities to be repaid. The creditors believe that offers above €3 billion will be necessary to recover all of the principal and interest.

Just as Blackstone and Centerbridge seem willing to formalise an offer in compliance with the conditions established by the judge, it is not clear whether Aabar is going to participate in the auction. In recent months, the fund has been caught up in a legal dispute with Tchenguiz regarding their joint investment in the company that currently owns the Boadilla campus.

The Kuwaiti fund AGC Equity Partners is also analysing the possibility of submitting an offer for the Ciudad Financiera. Almost two years ago, that firm submitted an offer for €2.7 billion to acquire the headquarters of the Spanish bank, but it did not get the go-ahead because the creditors’ bankruptcy was in an incipient phase and because Santander threatened to exercise its right of first refusal to buy back its offices.

Long-term rental

The investors Glenn Maud and Derek Quinlan, who already owned the Citi skyscraper in London, purchased the headquarters of the Spanish bank in 2008 for €1.9 billion, for which they used a loan from a group of banks led by RBS. Shortly after the acquisition, problems started with meeting the conditions of the loan, which ultimately led to the creditors’ bankruptcy of Marme Inversores, one of the instrumental companies created by Maud and Quinlan to carry out the transaction (…).

The main appeal of the Ciudad Financiera is the fact that the bank chaired by Ana Botín has committed to remain as the tenant for 40 years, until 2048. On that date, the Spanish entity may negotiate an extension to the lease contract or repurchase the property.

Three options

Once the offers have been presented next Monday before the Mercantile Court number 9 of Madrid, which is leading the bankruptcy, three possible alternatives may ensue.

If there are several attractive bids, the judge may open a process to competitively improve the prices proposed. If there is only one offer, of an appropriate value to pay the creditors, then it may be accepted immediately (…).

The last possibility is that the offers do not reach the estimated valuation. In that case, the judge may change the strategy and allow the piecemeal sale or liquidation of the different liabilities of Marme Inversiones (…).

Original story: Expansión (by Roberto Casado)

Translation: Carmel Drake

Värde Given Green Light To Buy 40% Of La Finca Global Assets

14 November 2016 – Real Estate Press

In August, a judge suspended the sale of part of Procisa to the fund Värde, due to a family dispute, which left the operation up in the air. Now, the precautionary measures have just been lifted and the BOE has published its proposal for the carve out of the firm into three companies, which will allow the definitive sale to go ahead.

The agreement carves out Procisa into three companies: La Finca Global Assets, containing the office assets; La Finca Promociones y Conciertos Inmobiliarios, containing the residential assets; and La Finca Somosaguas Golf. Sources close to the operation indicate that this is the final step in the process for the agreement with Värde to be signed.

The new company that owns the office assets will be converted into a Socimi. For the time being, the consideration paid for the operation will not be revealed. Meanwhile, Procisa, founded by the late Luis García Cereceda, is being led by the second generation of the same family, in the form of Susana García Cereceda.

The new Socimi’s main asset is the La Finca business park in Pozuelo, constructed alongside the luxury residential urbanisation. The company contains 20 buildings, of which 16 are offices and the rest are used for social and commercial purposes. Tenants at the site include companies such as Microsoft, Orange and Accenture. The Hotel AC La Finca is also located there. This is one of the most sought-after business parks in Madrid, with an occupancy rate of almost 100%, according to market sources. The future Socimi will manage an office surface area covering 227,000 m2, which includes other office properties in addition to the complex in Pozuelo.

Original story: Real Estate Press

Translation: Carmel Drake

Setback For Sareb: Suspension Of “In Tempo” Foreclosure

24 October 2016 – El Mundo

The soap opera involving In Tempo, the tallest residential building in Spain, continues. And the latest episode represents a real setback for Sareb, the main creditor of Olga Urbana, the company that went bankrupt after constructing the famous skyscraper in Benidorm.

Commercial Court number 1 in Alicante, which is handling Olga Urbana’s bankruptcy, has suspended the foreclosure of the property, which, in theory, was going to be awarded to Sareb, after it submitted the only and highest bid, amounting to €58.5 million. The judge has ruled in favour of the appeals submitted by Olga Urbana’s smaller creditors against the aspirations of the bad bank, which had been hoping to take over the building after it spent the summer contending that it had submitted the only official bid.

Nevertheless, according to the ruling dated 13 October, the magistrate considers that In Tempo cannot be awarded until the bankruptcy incidents that are affecting the process have been resolved. As soon as firm rulings have been issued regarding these incidents, the foreclosure will be approved, but not before. This represents a serious setback for Sareb: it had planned to foreclose the 190m tall building and then resell it,  whereby recovering some or all of its debt, which amounts to €108 million in total.

The bad bank will now have to wait until the bankruptcy incidents have been legally resolved. The claims have been filed by Olga Urbana’s small creditors, who consider that the liquidation plan would be harmful for them, given that, in their opinion, they would not recover any of their debt; these companies maintain that Sareb should not hold preferential creditor status, which gives it the right to recover its debt first.

According to these creditors (which include the construction company Kono, the arquitect Robert Pérez Guerras and the former administrator of Olga Urbana, Isidre Boronat), Sareb was an administrator of Olga Urbana and therefore, is responsible for the creditor bankruptcy of the company, which went bust at the end of 2014 with liabilities amounting to €137 million.

The creditors argue that the bad bank should be the last party to recover its money (…). In this way, the small creditors would recover their money before Sareb.

Given that this question has not been decided yet, the judge handling the bankruptcy has opted to wait for clarification as to whether Sareb is a preferential creditor or not, because a premature foreclosure could affect the interests of the other creditors. Meanwhile, Sareb maintains that the foreclosure of the building, which has been valued at €90 million, forms part of the liquidation plan, and would not be harmful to the other creditors.

Original story: El Mundo (by F. D. G.)

Translation: Carmel Drake

Sareb Will Take Ownership Of The ‘In Tempo’ Skyscraper In Benidorm

25 August 2016 – El Economista

The In Tempo skyscraper in Benidorm is the tallest residential tower in Spain and the second tallest in Europe, however, it is proving difficult to find an investor willing to pay the asking price. The property is weighed down by debt amounting to €100 million, which is in the hands of Sareb, but is reportedly worth around €90 million.

According to the newspaper El Confidencial, none of the offers for the skyscraper, which has been on the market since the end of last year, have exceeded €60 million. For this reason, Sareb has not waived its right to submit a higher offer to take over the asset, in an operation that would form part of the liquidation process of its current owner and developer, the company Olga Urbana.

According to online media, the bad bank has confirmed this information, however, “they assure that they have not yet received the asset foreclosure notice from the judge”.

The 52-floor building, which is 189m tall and contains 300 apartments is a symbol of the real estate bubble. Once the judge has authorised the award of the asset to Sareb, the bad bank could begin a new sales process involving negotiations with the two funds that have already expressed interest in the property.

Although construction work is still underway and the degree of completion ranges between 83% and 97%, apartments in the skyscraper are being sold for between €190,990.80 and €1.6 million, according to the online portal Idealista.

Original story: El Economista

Translation: Carmel Drake

Hotel Incosol Is Sold To A Spanish Hotel Group For €20M

26 February 2016 – El Mundo

The iconic Hotel Incosol in Marbella was sold on Tuesday (23 February 2016) to a Spanish hotel group and the consideration paid, more than €20 million, is thought to be sufficient for the workers to receive €2 million, according to reports from the lawyers advising the bankruptcy proceedings of the JALE group, which owns the hotel.

According to those sources, the buyers have also purchased the brand, and so it is clear that the intention is to revive the luxury establishment and benefit from the name that it has made for itself in health tourism since the 1970s. According to these sources, the banks – Sareb and Banco Sabadell – have ended up accepting a significant discount on the debt, which amounted to approx. €30 million in total.

The operation has been made possible, according to the sources, by the diligence of the judge of the Cádiz court, Manuel Ruiz de Lara, who authorised the bankruptcy administration to sell the hotel in its entirey (and not piecemeal) and for the money obtained to be paid to the bankruptcy creditors.

In any case, it is likely that a dispute will arise with the Social Security authorities, which will end up in the courts. Nevertheless, the money for the 158 workers seems to be guaranteed.

In fact, less than a year ago, the Social Security authorities opposed the sale of the hotel to a buyer, after negotiations had taken place with up to 40 different parties interested in acquiring the property. According to sources close to the bankruptcy proceedings, the debt with the Social Security amounted to around €5 million.

The Incosol Hotel was the last large asset left to be liquidated by the Cádiz group JALE, which is immersed in bankruptcy proceedings in which the owner, José Antonio López Esteras, has filed complaints to the previous bankruptcy administrators, as well as to the General Council of Judicial Power regarding the actions of the previous judge, Nuria Orellana.

Original story: El Mundo

Translation: Carmel Drake

Sareb Curbs Marina d’Or Bankruptcy For 260 Homes

9 March 2016 – Economía Digital

Observers are adopting a wait-and-see policy regarding the final resolution of Comercializadora Mediterránea de Viviendas (Comervi), the development company behind Marina d’Or, owned by Jesús Ger, which filed for voluntary bankruptcy in Commercial Court 1 in Castellón in May 2014.

Everything depends on the decision to be taken by the judge regarding the purchase option submitted by Sareb, the main creditor of Comervi, for 260 homes in the holiday resort, distributed across several developments.

Only then will we know whether the negotiations will resume between the company and the two main creditors, the bad bank itself, chaired by Jaime Echegoyen and Banco Sabadell. The judge’s decision will determine the outcome of the two possible alternatives on offer: try to reach an agreement with the creditors or push ahead with the liquidation of the company.

Sareb and Banco Sabadell are the creditors

Comervi has accumulated financial debt amounting to €125 million. Most of this liability, around €80 million, relates to loans that Sareb received three years ago from Bankia, Banco de Valencia and the former Caixa Galicia.

Almost all of the debt that the construction company, owned by Jesús Ger, holds with Sabadell, around €16 million in total, comes from the loans it inherited from CAM, covered by the Asset Protection Scheme (EPA) that Sabadell received when it acquired the Alicante-based entity in December 2011. This coverage will absorb most of the losses until 2021, ten years after the date it was awarded.

The most indebted company in the Commuity of Valencia

Besides its financial debt, Comervi, the construction company responsible for building the facilities at the Marina d’Or holiday resort, took the honour of being named the Valencian firm that owed the most money to the Public Treasury – more than €46 million – according to the list that the Tax Authorities published at the end of December.

Comervi, which used to be called Construcciones Castellón 2000 and was then called Marina d’Or Loger, was constituted in 1983 by Jesús Ger, who at the time, sold electrical appliances, in order to benefit from the enormous opportunities offered by the construction of apartments on the Castellón coast.

The banks tried to avoid bankruptcy but Ger responded with a solution that was not viable for the creditors, with discounts of more than 50%, the long-term maturity of the remaining debt and even a request for liquidity to take on new projects.

Sareb and the banks said no and the businessman himself decided to file for voluntary bankruptcy for the company.

Original story: Economía Digital (by Juan Carlos Martínez)

Translation: Carmel Drake

Reyal Urbis To Appeal Judge’s Latest Ruling

28 September 2015 – El Economista

Reyal Urbis is just one step away from liquidation after Commercial Court Nº 6 in Madrid dismissed the real estate company’s proposed agreement to exit from bankruptcy, which it filed for more than two years ago.

On Friday, the company announced that it will lodge an appeal against the ruling made by the judge Francisco Javier Vaquer and will request the suspension of the effects arising from it, until the appeal has been settled.

The previous intervention by the judge took place on 6 March, when he asked Reyal Urbis, which has bankruptcy debt amounting to €4,236 million, to remedy some of the errors identified in its proposal. Specifically, the judge demanded a “necessary and essential objective justification” of the proposed discounts and settlements.

The real estate company, led by Rafael Santamaría (pictured above), proposed two payment alternatives for its primary creditors. Under the first, the loans would have a discount of 90% and the remaining 10% would be paid through the transfer of assets in lieu of payment. The batches would be awarded to the entities by drawing lots, a process that Reyal confirmed was conducted in the presence of a notary on 10 February. The second option for these loans consists of applying discounts of between 88% and 93%, on the basis of the syndicated loan tranches, and then deferring the loan repayments for 6 years, with a further 4 years of interest-only payments.

The judge also asked that the “drag effect” be eliminated, since Reyal was planning to extend the effects of the agreement to any dissident creditors, if approval was obtained from 75% of them. According to sources close to the process, this would mean that creditors with joint mortgages would lose their privileged position, since the current law does not provide for this effect, and so it would only be possible if the creditors voluntarily relinquished their rights.

Insolvent until 2023

According to the bill that the Economista has had access to, these matters have not been remedied by the company. Moreover, the judge ruled that the restructuring proposed by the real estate company is “clearly detrimental to the rights of the creditors” and does not guarantee the viability of Reyal. Thus, the real estate company will record “negative equity until the end of 2023 for amounts exceeding €90 million, and the plan does not set out how to eliminate this cause of company dissolution from a situation of insolvency”.

Original story: El Economista (by Alba Brualla and Lourdes Miyar)

Translation: Carmel Drake

A Group Of Funds Takes Control Of Catalan Firm ‘Habitat’

29 May 2015 – Finanzas.com

A group of investment funds has taken control of the Catalan real estate company Habitat, after the judge gave the green light to the proposed agreement that they had submitted.

According to reports by El País, the company will now end up in the hands of firms such as Goldman Sachs, Bank of America Merril Lynch, Capston, Marathon and SC Lowy; whilst the Figueras family, which founded the real estate company, will retain a minority stake. The new owners will retain the current management team.

The company, whose debt initially amounted to €1,800 million, sought refuge in the new bankruptcy law at the end of last year after it proved impossible for it to adhere to the repayment calendar established under the previous agreement.

The investment funds have acquired Habitat after purchasing Habitat’s loans at a significant discount from banks and Sareb, the so-called bad bank, and they presented another proposed agreement to the Commercial Court number 3 in Barcelona, which was approved in the end.

The funds will become the new owners of the real estate company by converting their debt into equity.

Original story: Finanzas.com

Translation: Carmel Drake