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Are developers despite filing bankruptcy with their business still on the hook for the loans?

By
Real Estate Agent with eXp Realty LLC 200311024


Many developers here in the Beaverton, Oregon, area were building homes left and right in 2008 and 2009 and they thought these homes would sell and they would make big profits. But, when the market started to turn and their homes weren’t finished yet, they saw their profits all disappear.

Some of these builders have enough money to finish the project and sell the houses at less than they originally wanted, but still not depleting their bank accounts. While others bet the farm on the future sales of these homes and ended up losing everything.

Watching prices fall around you and sales all but stop

But, what we are finding now is many of these developers were so money hungry that they weren’t just betting their companies money, they were betting with their own. What was happening is they were going to the banks and getting business loans to build homes and then going back and saying, “If we had more, we could build more and make more.”

At least the banks were smart enough in some cases to not lend to the business, but to require a personal loan from these developers. The developers were more than happy to sign these loans because they saw it as a no lose situation with homes flying off the market at record prices. But, they weren’t looking at build times and weren’t really looking at what was happening in the market. (Home sales were slowing)

Personal BankruptcySo, when they finally started to get done with some of these projects, home sales had, in some areas, come to a screeching halt and left them with homes that could not sell. Their solution was to file bankruptcy and close their doors and start all over again, but they had forgotten that they had taken out personal loans and not a business loan.

These developers were now on the hook for millions and the banks weren’t going to look the other way! So, who were the foolish ones here? Was it the developers for not looking into the near future and predicting what was happening or was it the banks for being greedy and hoping these developers could keep their promise despite having no actual collateral to back these loans?

It should be interesting over the next couple months to see what happens in court on these homes, especially when many home owners from these unfinished sub-divisions, promise to be in the court room looking at the builder, with their hands out, as well wondering why what they were promised was never delivered either.



Todd Clark and the Friendly Home Team
Capstone Real Estate
Todd@IFoundYourNewHome.com
Phone: (503)524-9494
Fax: (503)622-8739

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Todd Clark is a licensed Realtor who specializing in Washington County, Oregon and also works both Clackamas and Multnomah Counties including the cities of Aloha, Beaverton, Canby, Clackamas, Gladstone, Gresham, Happy Valley, Hillsboro, Milwaukie, Oregon City, Sherwood and Tigard.
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Comments(13)

Steve Davis
Davis Coastal Properties - Carlsbad, CA
Carlsbad CA

That's business. Donald Trump does it all the time. But the banks usually are putting a guilt trip of morality on the homeowner - even though their commercial lenders are used to businesses folding.

Oct 15, 2010 02:41 PM
Larry Bergstrom
Crescent Realty, Inc. Spanaway, WA. - Spanaway, WA
CNE, CRS, GRI

Todd, I don't have the answer, but if you loan me $1K and I can't arrange to pay you back, would that work for you?

If the answer's yes, contact me for my checking deposit information.

Oct 15, 2010 02:46 PM
Anita Clark
Coldwell Banker Access Realty ~ 478.960.8055 - Warner Robins, GA
Realtor - Homes for Sale in Warner Robins GA

It will be a mess...the only "winners" are going to be the lawyers.

Oct 15, 2010 02:53 PM
William J. Archambault, Jr.
The Real Estate Investment Institute - Houston, TX

Todd,

What's the point of this post?

Do you think business loans are some how hurting your clients?

May a developer uses personal guarantees, those that don't are huge or they've traded big ices of the potentl profits to venture capitalist. Unlike home mortgages these lender were sharing the risk!

Comerical lenders often understant"In for a penny, in for a pound!" Many a former wasn't bright enough to keep his client from failing.

Bill

 

Oct 15, 2010 03:01 PM
Juli Vosmik
Dominion Fine Properties - Scottsdale, AZ
Scottsdale/Cave Creek, AZ real estate 480-710-0739

Todd, one of the aspects that you touched on are the homeowners who put down earnest money and will probably never see it again.   Having built 3 homes with developers, I learned after my first one - my earnest money is held by a title company - period!!!!  The builder is not to use my earnest money to build other people's homes.  Then, I PERSONALLY authorize a release ONLY after ground is broken on MY home.  It still probably wouldn't have protected me in your situation or in the 100's of builders who vacated 1/2 built subdivisions here, but I know I will never do it another way. 

Oct 15, 2010 03:16 PM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Partially developed homes and developments can be especially problematic as new builders are reluctant to assume the liability of previous work that was completed without their knowledge.  It will be interesting.

Oct 15, 2010 11:52 PM
Ginny Gorman
RI Real Estate Services ~ 401-529-7849~ RI Waterfront Real Estate - North Kingstown, RI
Homes for Sale in Southern RI and beyond

Todd...we have seen many plats go into foreclosure in RI and that's why only the cash rich developers, there's a couple, have been loaned money to build by pledging their homes, etc.  Surprised it hasn't hit that hard in your area...

Oct 16, 2010 12:56 AM
Ginny Gorman
RI Real Estate Services ~ 401-529-7849~ RI Waterfront Real Estate - North Kingstown, RI
Homes for Sale in Southern RI and beyond

Todd...we have seen many plats go into foreclosure in RI and that's why only the cash rich developers, there's a couple, have been loaned money to build by pledging their homes, etc.  Surprised it hasn't hit that hard in your area...

Oct 16, 2010 12:56 AM
Kristin Johnston - REALTOR®
RE/MAX Platinum - Waukesha, WI
Giving Back With Each Home Sold!

TOdd, yes, many folks in all businesses have not made wise choices and will, or, already are suffering the consequences...

Oct 16, 2010 02:17 AM
Cal Yoder
Keller Williams Elite - Lititz, PA
Homes For Sale in Lancaster PA - 717.413.0744

Times are tough and many people are suffering.

Cal

Oct 16, 2010 01:48 PM
Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

William the main point was that everyone is having problems and that if you are buying in a subdivision that isn't finished, maybe you shouldn't bank on their promises as their promises may not every come. (Sorry took so long to get back to you, headed out of town - Someone told me that should do that a lot with the kids while they young ;) )

Oct 17, 2010 02:42 PM
William J. Archambault, Jr.
The Real Estate Investment Institute - Houston, TX

Todd,

Sounds like sage advice to me!

Regarding the builder, buying in troubled times takes allot more than your avarage agent! One should never depend on the builder's agents.

You need to know weather the builder is bonded, you may find that he is and there's money avable to finish amenities even if there are only a few private homes.

Hire a real estate attorney at the first sign of trouble! Have him file a les penance against every asset of the corporation and the builder, if they go BK you may not get any thing from them personally, but try the most aggressive is the most likely winner.

Check your title policy!

Check the city or county they may well hold performance bonds or even cash deposits.

Check the state contractors authority they may well have money or bonds.

Keep in mind that the first claims are the ones most likely to get paid.

One other thing before you demand and get that Olympic size pool installed that the three of you home owners are going to have to support it!

This is no place for your brother-in-law the family practice attorney who just passed the Bar.

All is not necessarily lost, but it could get expensive!

Bill

 

Oct 17, 2010 03:32 PM
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

It is almost impossible to borrow money right now without some form of personal guarntee. It seems your track record is in the past and counts for very little !

Oct 18, 2010 01:04 AM