http://www.ladowntownnews.com/articles/2010/12/15/news/doc4d091e3d9ff33748738661.txt
Lender Hopes to Foreclose On and Sell Condo Complex, Though No Opening Is Imminent
by Ryan Vaillancourt, Staff Writer
Published: Wednesday, December 15, 2010 12:10 PM PST
DOWNTOWN LOS ANGELES – If all goes as planned for Bank of America, the Brockman Building, a once highly anticipated condominium complex, will be auctioned off to the highest bidder on Dec. 30.
That does not mean that the building at 530 W. Seventh St. will open any time soon. Bank of America, which provided developer West Millennium with a $35 million construction loan in 2007, still needs court approval for the plan. A hearing is tentatively scheduled for Dec. 28.
The developer filed for Chapter 7 bankruptcy in April 2009, after a protracted effort to stay above water as the housing market tanked. The 80-unit project above the restaurant Bottega Louie has wallowed in a sort of financial purgatory ever since because its value is believed to be far lower than its outstanding debt.
In addition to Bank of America’s $35 million construction loan, West Millennium owes about $9 million to creditors who have placed dozens of liens on the property, according to bankruptcy court records. When West Millennium filed for Chapter 7, it stated that the property was only worth about $20 million.
If Judge Kathleen Thompson approves the auction of the building, it would be over the objection of West Millennium. According to court records, the developer is mulling a reorganization via the Chapter 11 bankruptcy process, instead of the type of liquidation enabled by Chapter 7.
Thompson gave West Millennium until Dec. 17 to file the paperwork to convert the case to Chapter 11. If documents are not filed by the deadline, Thompson indicated that she would allow the foreclosure sale. There is also no guarantee that Thompson would allow a Chapter 11 conversion even if West Millennium meets the deadline.
If an auction proceeds, it does not necessarily mean that a new buyer will 🞵🞵🞵🞵🞵🞵 up the property on Dec. 30. The bank would retain the right to submit a so-called credit bid of up to the amount of its outstanding debt on the project, or about $36 million. A bidder would have to pay at least that amount, unless Bank of America is willing to take a loss on the project.
Finding a buyer willing to pay what is essentially a 2007 price is not a very realistic proposition, said Stuart Gabriel, director of the UCLA Ziman School for Real Estate.
“It’s unlikely given the compression in property values from peak to trough that the initial investment will be recouped any time in the near future,” said Gabriel.
Generally, when banks foreclose on real estate projects, they eschew acting as a landlord and instead hire a broker to arrange a sale for the highest possible price. Bank of America attorney Kenneth N. Russak, who is handling the bank’s request to proceed with the foreclosure and sale, declined to comment on the bank’s strategies, citing the ongoing legal matter.
So, yeah. Brockman Condos are a go, I guess. Or almost.