Commercial real estate services company Grubb & Ellis (GBE) recently filed an 8-K disclosing the bankruptcies of two Tenant-in-Common (TIC) investor entities, which simultaneously triggered Grubb carve out guarantees on the underlying loans. (An 8-K is a form filed by public companies with the US Securities and Exchange Commission when significant events happen since their most previous quarterly or annual report.) The 8-K filing downplays the extent of the Grubb liability and fails to note that the arbitrator in the Met Center 10 TIC litigation has already issued a ruling that Grubb committed fraud and gross negligence.  Breakwater Equity Partners is assisting the two TIC entities, Met Center 10 and 2400 West Marshall, and would like to correct the numerous inaccuracies (we published a copy of the 8-K filing below this post.
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San Diego-based commercial real estate workout firm Breakwater Equity Partners saves investor equity through a creative workout process.

San Diego, CA (PRWeb) February 22, 2011 – Breakwater Equity Partners, a consulting firm specializing in commercial loan workouts, announced today the closing of a successful loan workout on a stalled twelve-story office building construction project in downtown San Diego.

Continue reading “San Diego Developer Uses Commercial Loan Workout Specialist to “Fight the Bank” and Save Investors” »

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Rendering of 610 Lexington, subject of Bad Boy Guarantee law suit

With the ongoing debate about whether bankruptcies or foreclosures are easier for the market to digest, it would appear that “bad boy guarantees” are definitely limiting the number of bankruptcies and slowing the debt removal process. These guarantees, also called “springing guarantees” were initiated in the 1980s, but became more noticeable in the 1990s. They were a response to the tendency of borrowers to file a Chapter 11 bankruptcy motion just days before a lender was in position to foreclose.

Continue reading “Commercial Real Estate Bad Debt Restructuring: Are ‘Bad Boy’ Provisions Slowing Down the Resolution Process?” »

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Now these small investors are stuck with big losses that parallel to TIC Investments.

IMH is a Phoenix based “hard money” lender that expanded dramatically during the real estate bubble. Its current travails, as illustrated in the following article from the Wall Street Journal, are representative of the problems facing lenders that concentrated their lending portfolios in commercial real estate. IMH was actually one of the most conservative of the hard money lenders in the Southwest. Many of its competitors, including Mortgages Limited and Landmark, have already gone out of business. During the long real estate boom many investment advisors and broker dealers were hungry for the hefty fees that they generated from the sale of the IMH securities. This is very similar to what happened with the sale of Tenant in Common (TIC) interests to unsophisticated investors. In both cases, investment advisors pushed investors to purchase unsuitable securities, without explaining the risks. They hyped these financial products because of the big fees, pulling in a large group of investors. Unfortunately, these investors are left holding the bag, while the investment advisors, promoters, broker dealers and sponsors get to keep their eye popping fees. Somehow it doesn’t seem right.

Continue reading “IMH Sells Risky Commercial Real Estate Investments to Unsophisticated Investors” »

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While Breakwater Equity currently has many TIC loan workouts in house, client Met Center 10, in particular, received national media attention when The Wall Street Journal published an article about an arbitration ruling against Grubb & Ellis alleging fraud and gross negligence.  The project is an office building purchased for tenant-in-common (TIC) investors and run by NNN Realty Advisors, Inc, before they merged with Grubb in 2007. Below is an excerpt from the article by WSJ reporter Anton Troianovski.
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