Summit at Copper Square to be sold
Phoenix Business Journal - by Jan Buchholz
Date: Wednesday, December 1, 2010, 10:51am MST
Jan Buchholz
Reporter
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Numerous high-end luxury condos that have sat vacant for the past two years finally are seeing some life with new owners and lowers sales prices. Now comes word on the street that the first downtown Phoenix high rise that was finished before the 2008 real estate collapse is within days of being sold. The Summit at Copper Square, which overlooks Chase Field, reportedly is in escrow with a closing set for Dec. 8 or 9, according to sources who didn’t want to be identified.
The seller is Stearns Bank NA, which is headquartered in Minnesota but has Arizona operations based in Scottsdale. Stearns took ownership in a foreclosure action when developer W Developments LLC was unable to pay back the construction loan, which was originated by First National Bank of Arizona. Stearns eventually acquired the loan portfolio of First National Bank of Arizona when the FDIC moved in to close down that troubled bank in February 2009.
Numerous multifamily experts in the Valley either don’t know or won’t disclose who is buying The Summit, which has about 75 of 165 units unsold.
Two luxury condo brokers, David Newcombe of Russ Lyons Sotheby’s International Realty and Keith Mishkin of Cambridge Properties, say the best option for the unsold units is to rent them. Both say too much luxury high-rise product is entering the market, including 44 Monroe and Chateau on Central. Newcombe represents One Lexington, which has sold about 55 percent of its units, and is located in mid-town. Mishkin represents luxury condo and townhouse projects for sale around the Valley.
But David Wallach, principal of W Developments, said renting the units would be a travesty, when I contacted him to comment about speculation on the street.
“My concern has always been the best interest of those who bought units from me,” Wallach said.
Renting the units could lower property values and create more anxiety for current owners, he said.
A large portion of buyers paid $300,000 and more for their residences, which sport some of the most spectacular unobstructed views in the city.
I asked Wallach about provisions in The Summit’s covenants that might prevent a new owner from renting the units in mass.
Wallach said he believes the new owners would be violating “declaratory rights” if they tried to lease the remaining units. Only W Developments LLC had the right to rent more than 20 percent of the units, and those rights were not transferable in any subsequent sale, he said.
A Stearns Bank official did not return phone calls to comment.
A real estate broker said the escrow is at a very critical juncture and refused to speculate whether the declaratory rights issue might be a deal killer.
Stay tuned for more.
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