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Strip Mall Developer Sues Banks For Loaning It Too Much Money
The Business Insider ^ | May 15, 2009 | Joe Weisenthal

Posted on 05/18/2009 5:50:27 PM PDT by Lorianne

Is this the first official allegation of predatory lending in the commercial real estate space?

A reader passes on a recently filed lawsuit brought by a Long Island retail outlet developer against the institutions that loaned him money. Among the defendants: LaSalle Bank, Wells Fargo and Principal Life Insurance Company (uh-oh).

What's amazing is how much it reads like a typical case of so-called predatory lending. The plaintiff, MASS OP LLC is swimming along with a manageable $40 million loan for his retail outlet at 5500 Sunrise Hwy in Long Island with no problem making payments.

Then all of the sudden, the big bad predatory lender comes along, offering him a wildly inflated refinancing loan, using some non-transparent technique for valuing the property. The hapless property owner is cajoled into taking a loan he couldn't afford, and voila, lawsuit.

We're not sympathetic to the owner -- a commercial real estate developer should have way more sophistication than some first-time homebuyer that may or may not speak good English, let alone bank legalese -- but if this is indicative of late-stage commercial real estate development, we've got a steaming mess on our hands.

Read the complaint.

(Excerpt) Read more at businessinsider.com ...


TOPICS: Business/Economy; Government
KEYWORDS: banking; commercial; realestate; retail

1 posted on 05/18/2009 5:50:28 PM PDT by Lorianne
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To: Lorianne

‘but if this is indicative of late-stage commercial real estate development, we’ve got a steaming mess on our hands. “

I’d wager we’ll see a LOT more of these.

IMO part of a company’s job is to represent their customers properly. Overselling is bad for your customer and ultimately bad for business.

The banks had a money machine almost as good as Congress’s and their greed got the better of them. I wish they’d all go to jail but we’ll bail them out with our taxes.


2 posted on 05/18/2009 6:01:23 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver

The owner doubles the loan to 82 million and few years later loss two tenants (15%) worth 2.4 million in rents. Now he blames the lender?? So where did the 40 million in refinance cash go. Seems the lender is the one who should be suing.


3 posted on 05/18/2009 6:23:32 PM PDT by Orange1998
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To: driftdiver

Anyone who has the credit to make a $40 million loan in the first place, isn’t exactly my idea of a “hapless property owner”...


4 posted on 05/18/2009 6:27:33 PM PDT by GOPJ (If printing money was the answer, why don't Haitians "print" their way out of poverty?)
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To: Orange1998

“Seems the lender is the one who should be suing.’

Seems to me the lender is getting what they deserve.


5 posted on 05/18/2009 6:47:41 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: GOPJ

Its not really the guys credit, after all the loan is secured with the property. The property which is now worth less than the original loan.


6 posted on 05/18/2009 6:49:16 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: Lorianne

Item 16 in the complaints, page 8, says the lender operated out of greed and arrogance. This is said by a Long Island developer and law firm, presumably with a straight face.


7 posted on 05/18/2009 6:55:38 PM PDT by sig226 (1/21/13 . . . He's not my president . . . Impeach Obama . . . whatever)
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To: Lorianne

Too bad self-esteem replaced shame.


8 posted on 05/18/2009 7:01:51 PM PDT by Doctor Raoul (Ayers Lied, People Died. No Justice, No Peace.)
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To: driftdiver
And what about the 40 million cash the owner received at closing? Should it be a gift too. Sounds like you are scorned.
9 posted on 05/19/2009 5:05:48 AM PDT by Orange1998
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To: Lorianne

A he must be related to a shifty lawyer.


10 posted on 05/19/2009 5:17:58 AM PDT by bmwcyle (American voters can fix this world if they would just wake up.)
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To: Orange1998

Scorned? Sounds like you are judgemental and ignorant.

The bank and this guy made a business deal. People like you only want to hold the borrower to task. The bank knew what they were doing as this guy probably did too. It was their 40 million until they handed it to him using the soon to be worthless property as collateral. Stupid decision on their part.

I’m a small business owner. Go do a study on how many small business owners like banks. Banks are the worst place to get money.


11 posted on 05/19/2009 5:18:05 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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