Lender · Cary, NC · Member since 2012 · 16 posts · 1 vote
Have a syndication that mismanaged the property from the very start. Initial placement package stated a low fixed interest loan. The syndicates chose to accept a floating rate in a rising rate environment without telling investors. Because of this all of the investors lost all of their money. That is, except the syndicator who will not reveal their placement fee, collected management fees, partner fees etc.
Any lawyers that take on syndicates for the class action?
Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
3mo
Sorry to hear this. First you should read the PPM to see how dispute resolution is handled and in which state. Then review attorneys in that state. Most likely will not find one to take it on a contingency basis and have to pay an attorney to file suit. This could cost $10k or $250k depending on how far down the road it goes, so one thing to always consider in these instances is “are you throwing good money after bad” scenario. That is something only you and your attorney can answer
Investor · Hatboro, PA · Member since 2016 · 2k+ posts · 854 votes
3mo
Sorry you're dealing with that.
I'd start by pulling out the PPM, operating agreement, and any investor communications you received. The key question is whether the sponsor acted outside the authority granted in those documents or failed to disclose a material change. Also keep in mind that legal action can get expensive quickly. Before going too far down that road, it may be worth understanding how dispute resolution is handled in the documents and speaking with an attorney who has experience with syndications in the applicable state.
At this point, I'd focus on gathering facts and documents first. The answer often comes down to what was disclosed, what changed, and what the sponsor was allowed to do under the agreement.