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Posted over 16 years ago

Business Entrepreneurs complaining about Increase in Commercial Foreclosures

Business entrepreneurs are complaining about the rigid stand being taken by lenders as commercial foreclosures increase. Michael Smoody and Bernie Chippoletti have failed to get satisfactory compassionate response from Bank of America. They are desperately trying to cling on to Flamingo Professional Courtyard at a time when tenants are hard to find.

They have got a foreclosure notice when the balance on a loan of $4.3 million matured last February. The building has been appraised at $3.3 million. Bank of America agreed to extend matters if the borrowers agreed to pay the difference between loan amount and appraised value - $ million. Also they would have to give the bank the total of interest for one year on the fresh loan and agree to increase in interest rates.

Smoody said, “We went in and met with them and they weren’t very conducive to working with us. A few days later they sent us a default notice. We’re just in a waiting game. We’re doing the best we can to hold on to what we’ve got and get through this.”

Banks are being hard towards owners of commercial properties – their attitude being relatively softer towards defaulting borrowers in the residential sector. This was the opinion of Phillip Aurbach of Marquis & Aurbach of Las Vegas.

Bank of America has taken billions as bailout funds from the TARP plan of the federal government. They have returned the loan so that they could act without government constraints. It has enabled them to give heavy bonuses to their executives without giving any explanations to anybody.

Aurbach commented, “Bank of America is like, ‘Screw you. Pay us.’ That’s after getting bailout money. Wasn’t the TARP program supposed to — at least in part — help banks help their borrowers? That is not happening in Las Vegas.”

Shirley Norton of declined to comment on specific loans but added that although the bank had filed foreclosure (non-judicial) last February it would still try to negotiate with the clients. She said, “They’re really caught in this economic downturn. It’s just wrong times.”

Experts had long been warning about a incoming surge of commercial foreclosures that would pale into insignificance the crisis in the residential sector. Whitney Tilson of an investment firm T2 Partners speaking to the Review-journal in 2009 had predicted that the biggest losses were poised to come from commercial sector amounting to $3.5 trillion.

Original Post: Business Entrepreneurs complaining about Increase in Commercial Foreclosures


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