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Judge Approves $10 Million in Real Estate Sales in New Orleans Archdiocese Bankruptcy Case

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A federal bankruptcy court judge has approved the sale of two downtown property by the Archdiocese of New Orleans, which filed for chapter 11 protection more than two years ago in the face of mounting lawsuits related to past child sex abuse, NOLA.com reported. Bankruptcy Judge Meredith Grabill approved the sales last week in advance of a hearing on the matter that had been scheduled for Nov. 17 but was canceled after neither side objected to the pending deals. Judge Grabill’s order means that the archdiocese can execute two purchase agreements with separate buyers it has lined up to acquire adjacent properties on the edge of the Central Business District. One property is the 12-story office building at 1000 Howard Ave., which is under contract to a Lafayette developer. The other is the parking lot at 1032 and 1042 Loyola Avenue, which is under contract to a local investor group. Together, the deals will generate nearly $10 million for the archdiocese, which, until now, has sold just one other property since filing bankruptcy — the former St. Elizabeth Ann Seton School in Kenner, which fetched $1.9 million in 2020.

Judge Blocks Student Housing Firm From Collecting $14 Million

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A Texas judge temporarily blocked an embattled student housing operator from using the $14 million in commissions it received from the sale last month of a student housing complex in Arizona, the New York Times reported. On Friday, the judge, Karin Crump of Travis County, ordered Patrick Nelson’s firm, Nelson Partners Student Housing, to transfer the $14 million to a registry run by the Texas courts for safekeeping until litigation over who should get to keep the sale proceeds is resolved. “It appears to me that there has been some highly improper behavior by your client,” Judge Crump told Mr. Nelson’s lawyer, Gregory Noschese. “You need to have a real hard and long conversation with your client. It doesn’t look good.” The ruling is in response to a motion filed this week by the administrator of a court-approved fund that is supposed to collect and distribute $50 million to more than 100 people who invested in Skyloft, a luxury student housing complex that Nelson Partners had bought and managed in Austin, Texas. The administrator had asked the court to put a temporary hold on the $14 million in commissions paid to Nelson Partners from the Arizona property sale until it could be determined if the money should have been paid into the $50 million restitution fund. Investors in Skyloft have said in lawsuits that Mr. Nelson defrauded them and improperly diverted investor money to other uses, including the purchase of a student housing complex in Tucson, Ariz., called Sol y Luna. The settlement between Mr. Nelson and investors in Skyloft required him to sell other properties in order to raise money for the restitution fund. Lawyers for the fund administrator said Mr. Nelson had told the court just a few weeks ago that the sale of Sol y Luna would generate about $18 million for the restitution fund. But the sale produced only $9.3 million for the fund, with Mr. Nelson’s firm taking $14 million in commissions, according to legal filings.

CFPB Takes Action Against Carrington Mortgage for Cheating Homeowners out of CARES Act Rights

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The Consumer Financial Protection Bureau (CFPB) is taking action against Carrington Mortgage Services for deceptive acts or practices under the Consumer Financial Protection Act in connection with mortgage forbearances, according to a CFPB press release. The CFPB found that Carrington failed to implement many protections, provided to borrowers with federally backed mortgage loans who were experiencing financial hardship, during the COVID-19 public health emergency. The CFPB found that Carrington misled certain homeowners who had sought a forbearance under the CARES Act into paying improper late fees, deceived consumers about forbearance and repayment options, and inaccurately reported the forbearance status of borrowers to the big three credit-reporting companies: Equifax, Experian and TransUnion. The CFPB is ordering Carrington to repay any late fees not already refunded, repair its faulty business practices, and pay a $5.25 million penalty that will be deposited into the CFPB’s victims relief fund.

Average Long-Term U.S. Mortgage Rates Decrease to 6.61%

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The average long-term U.S. mortgage rate tumbled by nearly a half-point this week, but will likely remain a significant barrier for potential homebuyers as Federal Reserve officials have all but promised more rate hikes in the coming months, the Associated Press reported. Mortgage-buyer Freddie Mac reported Thursday that the average on the key 30-year rate fell to 6.61% from 7.08% last week. A year ago the average rate was 3.1%. The rate for a 15-year mortgage, popular with those refinancing their homes, fell to 5.98% from 6.38% last week. It was 2.39% one year ago. Late last month, the average long-term U.S. mortgage rate breached 7% for the first time since 2002. Two weeks ago, the Fed raised its short-term lending rate by another 0.75 percentage points, three times its usual margin, for a fourth time this year as part of its inflation-fighting strategy. Its key rate now stands in a range of 3.75% to 4%.

Urban Commons Puts FiDi Hotel into Bankruptcy

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Los Angeles hospitality firm Urban Commons has filed for bankruptcy on the hotel portion of the Wagner at the Battery, just weeks after a lender filed a petition to foreclose on the Lower Manhattan asset, The Real Deal reported. A company-controlled entity sought chapter 11 protection Tuesday, according to court documents filed in the Southern District of New York. In the filing, the company declared $22.9 million in claims against the property, the biggest of which is $13.7 million from the Battery Park City Authority. The agency is Urban Commons’ landlord on a ground lease at the site, 2-10 West Street across from Battery Park City. Ichigo, an infrastructure firm based in Tokyo, holds $5 million in bonds against the property. Urban Commons bought the hotel from a joint venture of Millennium Partners and Westbrook Partners in 2018. The hotel, which forms the base of a 36-story tower, has 298 rooms across 12 floors. Above it are 120 condo units. The hotel closed when the pandemic began in early 2020 and has yet to reopen. In an affidavit, Urban Commons blamed its insolvency on the Battery Park City Authority and George Tsunis, who headed the agency before being named U.S. ambassador to Greece. “Even before the Covid-19 pandemic, BPCA consistently forced debtors into financial distress,” the filing said. The bankruptcy filing comes about two weeks after Urban Commons’ lender, an entity tied to Westbrook Partners, attempted to foreclose on the hotel. That suit claims that Urban Commons defaulted on a $96 million loan that matured in December of 2020.
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Archdiocese of New Orleans Seeks Court Approval to Sell Off Properties in Bankruptcy Case

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More than two years after filing for chapter 11 bankruptcy protection in the face of mounting lawsuits related to past child sexual abuse, the Archdiocese of New Orleans is beginning to raise cash by selling some of its vast real estate holdings, NOLA.com reported. Attorneys for the local Roman Catholic Church will ask a judge this week to allow two separate property transfers to move forward. One is the sale of a former 12-story office building at 1000 Howard Ave. to a Lafayette-based investor. The other is the sale of a parking lot on Loyola Avenue behind the Howard Avenue building. Together, the deals would generate nearly $10 million for the local church, and follow property sales totaling some $1.9 million earlier in the bankruptcy process. It's unclear how far the millions raised by the property sales will go to resolving the 450 abuse claims levied at priests and other clergy who served in the archdiocese. And it's also not known what other financial steps Archbishop Gregory Aymond and his advisers will take to pay off what is expected to be a multimillion-dollar settlement with abuse victims. When the New Orleans Catholic Church joined two dozen other U.S. archdioceses by filing for bankruptcy protection in May 2020, it listed $243 million in assets and $139 million in liabilities. At the time, Aymond said that the church, which serves 500,000 Catholics across 112 parishes, needed to seek chapter 11 protection due to the mounting costs of abuse settlements and the fallout from the pandemic. Financial records have previously valued archdiocesan-owned buildings and land at some $70 million. But that estimate is likely significantly lower than what the properties would fetch on the market, because it is based on the prices that the archdiocese paid for the properties.

Edgemere Could Be Sold for $48.5 Million as Competing Bankruptcy Plans Emerge

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Debt-holders of Edgemere, a financially troubled luxury retirement community in Dallas, have crafted a bankruptcy plan that includes selling it to a new owner, the Dallas Morning News reported. The unnamed bidder has offered $48.5 million to purchase the 1.55 million-square-foot facility built on land wedged between Preston Hollow and University Park. The debt-holders’ sale plan will compete with a recovery proposal from Edgemere and a committee of unsecured creditors, which includes families of former and current residents whose sizable deposits hang in the balance. Their proposal relies on a $20 million capital infusion from Edgemere’s parent company. The bankruptcy proceedings have been fiery from the start, with Edgemere suing its landlord, Intercity Investment Properties. Edgemere contends the landlord, working with a private-equity firm, set out to hurt the community’s reputation so it could terminate a 55-year ground lease that runs through 2054. In the most recent court hearings, both sides aired frustrations to Judge Michelle Larson. After Edgemere’s team revealed it wasn’t ready to file its plan Oct. 27, the original deadline, Edgemere was running out of time before its $10 million emergency loan floated by debt holders comes due Dec. 31. Judge Larson said that she is “extremely troubled” that Edgemere and its debt-holders haven’t had more discussions about extending the emergency loan. Edgemere said it’s sure the original emergency funding will last it through Jan. 20 as long as it doesn’t pay its professional fees to lawyers, bankers and financial advisers.
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