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Great zombie combo piece...Rushmore?

Started by Riversider
over 17 years ago
Posts: 13573
Member since: Apr 2009
Discussion about
My take is if the sponsor believes he has some shaky deals that won't close and NEEDS THE 71% threshold. He'll delay as long as possible the iffy closings so he can hold them up to the bank as signed but not closed... Urban diggs follows.. Zombie Condos: The Mortgage Zone Posted by Jeff Bernstein on May 17, 2009 at 8.28 PM Zombies.jpgI thought I would share some more information from the Zombie... [more]
Response by Riversider
over 17 years ago
Posts: 13573
Member since: Apr 2009

Does this give a developer an incentive not to close agreements on shakey buyers it thinks will walk?

Just to briefly review the current state of affairs as it pertains to mortgage financing of condominiums; Fannie Mae has declared New York City to be a declining market, and as a result, their policy is not to allow conforming mortgages to be made in buildings with fewer than 71% of the units contracted for (note this is contracted for, not closed).

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Response by spinnaker1
over 17 years ago
Posts: 1670
Member since: Jan 2008

Pushing out closing dates on buyers already at their limit will undoubtedly push the acrimonious fervor to new heights.

Let me try and understand... There is no way to capture the number of buyers who have already decided to walk on their deal until an attempt is made to close? And this fickle, disenfranchised group forms the basis of the magical 71% number required by lenders? WOW.

Do I have this right?

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Response by bds
over 17 years ago
Posts: 187
Member since: Jan 2009

Shouldn't this deception be brought to the attention of the Attorney General?

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Response by Riversider
over 17 years ago
Posts: 13573
Member since: Apr 2009

The only public record is with regards to realized closings. A deposit does not represent a lien, so it's not filed or posted on ACRIS. I suppose they may communicate names of depositors to the a.g. for certificate of occupancy purposes etc...

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Response by Riversider
over 17 years ago
Posts: 13573
Member since: Apr 2009

Shouldn't this deception be brought to the attention of the Attorney General?

Deceit: 1. The action or practice of deceiving; concealment of
the truth in order to mislead; deception, fraud, cheating, false
dealing.

I don't see where anything has been misrepresented here.

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Response by OldWest
over 17 years ago
Posts: 112
Member since: Jun 2008

I agree with Riversider. I don't see the deception.

If a company that sells cars -- say, tesla -- takes deposits and doesn't promise or contract to deliver them in any specific order to the depositors then calls the wealthiest first or those who are influencers or celebrities first, is that deception? Or just smart business?

The sponsor has no way of knowing who will actually close and who will drop out. Usually a sponsor will close apartments in accordance with when apartments are ready. That's in order to pay the bank back as quickly as possible. But nothing forces them to. Instead of closing floor by floor, they can wait until the whole building is actually finished and close by any order they wish. As a buyer, I would prefer that to living in a construction zone as the upper floors (or lower) get finished.

Even if the developer decided to close the strongest candidates first -- e.g. all cash buyers -- it would be a stretch to call it deception. That's if you could even prove it. Which I also doubt. But that doesn't matter. If they don't hit the outside date, the sponsor can only guess and who will forfeit the deposit can can close in any order they wish. Is there anything in the contract that states exactly how closings will occur or how they expect them to occur, subject to change?

Grasping at straws...

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