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bankruptcy in building

Started by karuna
about 14 years ago
Posts: 14
Member since: Jul 2010
Discussion about
how can you find out if within the coop there are potential bankruptcies, especially if you are to buy. who is privy to this information? i was thinking of buying there and found just this week that 424 e 57 st has two apartments for sale that are bankruptcies. what does that mean for current shareholders in the building. any website that lists nyc apts near bankruptcies so can know what you are getting yourself into.
Response by NYCMatt
about 14 years ago
Posts: 7523
Member since: May 2009

Are you talking about "bankruptcies" or FORECLOSURES?

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Response by NWT
about 14 years ago
Posts: 6643
Member since: Sep 2008

The 1A/2A tenant is already bankrupt, so the shares are being sold by the court.

If there're maintenance arrears they'll be paid to the co-op, but I don't know whether by the court out of the proceeds or by the buyer.

If you're thinking of something like the sex-offender website that lists locations, there's nothing like that for bankrupt people. There's no search by address at http://www.nysb.uscourts.gov, but maybe the public database at the courthouse lets you search by creditor, so the co-op might show up.

I don't know that you'd be getting yourself into much, except to the extent a shareholder not paying their maintenance has to be carried by the rest until the arrears are finally paid.

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Response by NWT
about 14 years ago
Posts: 6643
Member since: Sep 2008

Also, check the financials for the maintenance-receivable number, and if there's litigation with a shareholder there'll be a note about that, too.

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Response by jms8
about 14 years ago
Posts: 110
Member since: Apr 2011

Obviously a building with 2 apts in foreclosure isn't a good sign, BUT, any maintenance in arrears is paid by the bank. Coop maintenance takes priority over mortgage liabilities.

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Response by apt23
about 14 years ago
Posts: 2041
Member since: Jul 2009

If you ask the board, aren't they obligated to share that info?

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Response by huntersburg
about 14 years ago
Posts: 11329
Member since: Nov 2010

A thread about bankruptcy ... apt23 is here like white on rice.

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Response by columbiacounty
about 14 years ago
Posts: 12708
Member since: Jan 2009

how would you characterize your sudden appearance?

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Response by huntersburg
about 14 years ago
Posts: 11329
Member since: Nov 2010

When would my appearance not be deemed "sudden"?

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Response by jim_hones10
about 14 years ago
Posts: 3413
Member since: Jan 2010

columbiacounty
about 1 hour ago
stop ignoring this person
report abuse how would you characterize your sudden appearance

wipe the cum off your mouth cc, that's disgusting.

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Response by columbiacounty
about 14 years ago
Posts: 12708
Member since: Jan 2009

hfs---what is you point?

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Response by karuna
about 14 years ago
Posts: 14
Member since: Jul 2010

the description says us bankruptcy court not foreclosure. i worked with a broker back in late july about an apartment there and even saw the financials and there were no footnotes indicating any arrears. i was assured the building was sound and the shareholders were as well. could anyone have known then? is this something that could have happened that quickly in august or september 2011? and not known in july? i am looking elsewhere but want to know how to investigate a building should this be a problem increasing with the job market the way it is. thank you also for the feedback.

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Response by huntersburg
about 14 years ago
Posts: 11329
Member since: Nov 2010

>columbiacounty
20 minutes ago
ignore this person
report abuse
>hfs---what is you point?

Even more baffling than a few months ago when you kept shouting your Hitler Youth crap, you keep mentioning 'hfs' - does that stand for something that anyone but you even knows?

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Response by columbiacounty
about 14 years ago
Posts: 12708
Member since: Jan 2009

sure.

what's your point?

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Response by NWT
about 14 years ago
Posts: 6643
Member since: Sep 2008

A verbal assurance is worth nothing. If you didn't see a large "maintenance receivable" or "due from shareholders" asset line item in the financials, then the troubled shareholder was current on her maintenance. A shareholder could be in hock up to their ears elsewhere but still be current on his maintenance and share loan.

What you seem to be looking for, and aren't going to get anywhere, is an assurance by a co-op that its shareholders are always going to be carrying their share of the weight. The real question is, what protection does a co-op have against a shareholder going to the bad?

If a shareholder gets into arrears on maintenance, then the co-op can force a foreclosure, evict the shareholder, and sell the shares. From the proceeds the co-op recovers its arrears and legal fees, and pays the difference to the shareholder or the shareholder's lender.

If a shareholder defaults on his share loan, then the lender sells the shares, pays the co-op its arrears, and pays itself.

In most co-ops, its no big deal for the other shareholders to make up for the arrears while all that works itself out. At a small co-op, e.g. with 20 units like the one you saw, the other shareholders either increase their own maintenance to cover the 5% shortfall, or spend down cash. (It's better to raise maintenance, as you ultimately get more from the bad shareholder.)

Some co-ops in the 1980s and early 1990s ran into trouble with sponsors holding lots of unsold shares who couldn't pay maintenance. The co-ops ending up owning the shares, collecting rent from the tenants, and selling the shares as the apartments were vacated. That's a different and more complex story, though.

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Response by huntersburg
about 14 years ago
Posts: 11329
Member since: Nov 2010

>sure.
>what's your point?

Ah, I see from your personal and professional legal troubles that you've been trained by your defense counsel to answer questions as they are posed, but nothing else.

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