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Effect of pending litigation

Started by lef2009
over 15 years ago
Posts: 96
Member since: May 2009
Discussion about
I'm looking at coop purchase. The building is nice in many ways, but the financials reflect pending litigation. To make things much more exciting, the managing agent failed to renew the insurance so there is no applicable insurance. (The managing agent - or, rather, the former managing agent -- paid a settlement to the building, but that was then.) How worried should this make me? Run screaming in the other direction or factor the risk of loss and attorneys fees into the bid? I'd appreciate thoughts.
Response by somewhereelse
over 15 years ago
Posts: 7435
Member since: Oct 2009

RUN.

Its just not something you want hanging over your head.

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Response by Miette
over 15 years ago
Posts: 316
Member since: Jan 2009

Not enough information. What kind of litigation? What's the worst potential liability, and what percentage of that could you potentially be accountable for? It may be a risk you can fairly easily quantify.

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Response by lad
over 15 years ago
Posts: 707
Member since: Apr 2009

How serious is the litigation? How many units to share in the cost? If you are intending to get a mortgage, do you know if banks will lend in the building given the various goings-on?

This sounds like a disaster and not something most people would willingly take on. If it's a unique apartment that you love like no other and the answers to the above are "not serious," "a lot," and "yes," then perhaps consider an offer at a serious discount to fair market value to compensate for the costs of the litigation.

The only bright side is that I doubt this coop will ever make the same mistake again!

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Response by rb345
over 15 years ago
Posts: 1273
Member since: Jun 2009

An unpaid judgment is a lien on real property, which is what a Coop is in the hands of its Coop
Corporation. The rights of ownership of coop shareholders are subordinate to the liens of judgment
creditors. That means any judgment received by any litigant must be paid in full or its holder can
foreclose on and sell the Coop's building. If judgment is small and/or building is very large the
pendency of the judgment might matter only to the extent of requiring a slightly lower sales price.

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Response by Truth
over 15 years ago
Posts: 5641
Member since: Dec 2009

somewhereelse is correct. The board is neglecting their duties in overseeing the managing agent.

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Response by coopsuit
almost 9 years ago
Posts: 3
Member since: Feb 2017

My co-op is currently involved in litigation with a shareholder that the board is trying to evict. This has been going on for a while and from what I hear the legal costs are approaching 6 figures.
However, it seems like they are also choosing to deny the existence of such litigation for new sales and we're wondering if this could somehow hurt us if a new shareholder is told that there is no pending litigation, and then he/she finds out that there is.
Could the "Business Judgment Rule" be applied here, arguing that the co-op is acting to protects its own interests?

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Response by pw036
almost 9 years ago
Posts: 36
Member since: Feb 2017

why was a shareholder evicted?

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Response by 30yrs_RE_20_in_REO
almost 9 years ago
Posts: 9880
Member since: Mar 2009

In my experience coop boards will do whatever thy feel like and hide behind the Business Judgement Rule.

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Response by coopsuit
almost 9 years ago
Posts: 3
Member since: Feb 2017

re: shareholder eviction it was allegedly for renting a bedroom on airbnb

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Response by streetsmart
almost 9 years ago
Posts: 883
Member since: Apr 2009

For someone looking to get a mortgage, lenders ask about existing lawsuits.

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Response by streetsmart
almost 9 years ago
Posts: 883
Member since: Apr 2009

If proprietary lease has a provision allowing the co-op to terminate the lease., then eviction is far less costly.

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Response by coopsuit
almost 9 years ago
Posts: 3
Member since: Feb 2017

@streetsmart, that was my concern above, lawsuits are ongoing, lenders asked about existing lawsuits, co-op said "NO"

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Response by semerun
almost 9 years ago
Posts: 571
Member since: Feb 2008

Many banks are less concerned about eviction related litigation- though of course every situation is different.

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Response by 30yrs_RE_20_in_REO
almost 9 years ago
Posts: 9880
Member since: Mar 2009

streetsmart-

Just about every coop has language which you can do a Pullman Eviction off of.

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Response by rb345
over 8 years ago
Posts: 1273
Member since: Jun 2009

must be disclosed under "special facts" rule of Swersky v. Dreyer & Traubm 219 AD2d 321, 327 (1st Deo't)

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