Case Studies

Receivership of Real Estate Investment Fund

J.S. Held Acquires Shechter & Everett to Expand Forensic Accounting Capabilities for Family Law Disputes in Florida

Read More close Created with Sketch.
Home·Receivership of Real Estate Investment Fund

The Situation

A real estate fund founded by an inexperienced manager made bad loans to unproven, opportunistic developers to buy, renovate, and flip single-family homes.  The fund’s CEO had been fired without a successor, leaving groups of investors pressing conflicting agendas.  The properties in which the fund had invested carried first, second, third, and fourth position loans from multiple investors and/or individual investors and investment funds, making it difficult to achieve consensus among deed of trust holders to sell a house or remove a lien from a loan to recoup the investors’ capital.

The court appointed our team as receiver after several of the involved investment funds and investors sought an experienced fiduciary to clarify fund accounting and deed positions; negotiate with borrowers, developers, and lienholders; and, ultimately, lead the sale and short sale of properties.

How We Advised

Our experts successfully unraveled a tangled web of investor contributions, investments in real properties, and underlying documentation.  We pursued an aggressive path to complete the construction of a 9-home subdivision in the San Francisco Bay Area and enforce investors’ loan positions through negotiations and litigation, resulting in a recovery for the investors.

Obstacles & Our Solutions

  • The fund lacked leadership and a cohesive recovery plan, resulting in litigation.
    • We instilled authority and created and implemented a strategic plan.
    • We served as the development manager for all borrowers, meeting with and negotiating with the city and the original developer.
    • We placed a new developer to complete the subdivision and navigate a lien release process.
    • The poorly managed fund commingled investor contributions, lacked adequate accounting procedures and documentation, often failed to record trust-deed paperwork to secure its investment positions, and typically made subordinated loans on homes with declining values.
    • Our initial due diligence and limited forensic accounting resulted in a list of loans and associated real property, whose assets became the focus of our role as receiver and the source of recovery for the investors.
    • Our experts substantiated all of the investors’ positions, a complex process due to the lack of documentation, conflicting documentation, and commingled funds.
  • The investors wanted a recovery, but had disparate agendas.
    • We reviewed deeds and worked with borrowers, lienholders, contractors, and other parties to develop projected recoveries for each loan.
    • Our team, with the assistance of counsel, filed lis pendens to secure positions and a share of the proceeds from certain properties, and initiated or managed litigation related to seniority and other issues involving deeds to properties.
    • We worked with all parties, including real estate brokers, to sustain the properties, market and sell the homes, and submit demands to escrow for payoff of the investors’ liens.
  • The fund’s investments included unfinished homes without completion plans.
    • We assisted the project manager and developer and worked with city agencies to understand and obtain all necessary permits to complete the homes and ensure Certificates of Occupancy were issued.
    • We maintained the project timeline and kept the investors informed.
    • Our team facilitated refinancing efforts and subordination agreements when necessary to extend the borrower’s construction loans and financial obligations.
  • When one property sale resulted in $200,000 in excess proceeds, numerous claimants sought remuneration.
    • We hired counsel to defend against the IRS, FTB, and other claimants arising from the sale of one house, and prevailed in litigation to recover the majority of these funds.

Related Practice Areas

> Receiverships 
Federal and state courts, creditors, and legal counsel choose our team to serve as Receiver of distressed businesses and real estate entities. We stabilize operations and cash flow, safeguard business assets, and pursue methods to maximize financial recovery. Our multidisciplinary team applies a wide breadth of restructuring and industry experience as Receiver to take control of companies facing financial, operational, and legal issues. 
 

 

> Solutions for Distressed Situations 
We deliver integrated solutions for distressed and insolvent businesses that maximize recovery, mitigate risk, and restore enterprise value. Our experts are retained to help distressed organizations stabilize operations, protect stakeholder interests, and execute turnaround strategies. We take an operationally-focused approach that looks beyond the balance sheet to minimize further degradation and build a path to sustainable growth. 

Key Contact

For additional information about the engagement or to learn more about our services, contact:

Our Experts