Fannie Mae and Freddie Mac blocked the
sale of a beleaguered condo complex in Pembroke Pines.
The companies’ temporary injunction essentially halts the
planned sale of Heron Pond in western Broward County that’s
been in the works for a year. It also puts on hold the
planned distribution of proceeds to unit owners. A
court-appointed receiver had determined that a sale was the
best course of action due to structural safety concerns. The
complex was evacuated last year.
On Friday, receiver Daniel Stermer designated Miami-based
Integra Real Estate as the purchaser of the 25-acre complex
with 19 two-story lakefront buildings at 8400 Southwest
First Street. Integra had offered $20.5 million last month
for Heron Pond as the stalking horse bidder, setting the
floor price should it have gone to auction.
An auction scheduled for last Thursday was canceled because
no additional qualifying bids were submitted by the deadline
of last Tuesday.
Under the current zoning, Integra –– led by Nelson Stabile,
Paulo Tavares de Melo, Victor Ballestas and Cory Yeffet ––
would be able to build a 321-unit project with one or
multiple buildings up to eight stories or 100 feet tall,
whichever is less.
But the sale process is on hold. Federal Judge Judge Rodney
Smith in Fort Lauderdale on Thursday granted Fannie Mae and
Freddie Mac’s emergency motion for a temporary restraining
order. It is in effect until a scheduled hearing in front of
Smith on Oct. 9.
Fannie Mae and Freddie Mac’s argument is based on federal
law that bans the sale of property that serves as collateral
for a Fannie Mae or Freddie Mac loan without the consent of
the Federal Housing Finance Agency.
Fannie and Freddie hold first position liens on eight of the
condos at Heron Pond, according to their motion filed on
Wednesday of last week, one day before the canceled auction.
In court filings, Fannie and Freddie argue that because they
are under the conservatorship of the Federal Housing Finance
Agency, any action that would impair the agency’s power is
banned, according to the Wednesday filing. Freddie and
Fannie’s motion to halt the sale is partly based on the
argument that FHFA “must consent before any sale takes
place,” according to their court filing.
Stermer took over as receiver last year after Pembroke Pines
city officials issued multiple notices of violations of the
Florida building and fire codes at some of the buildings.
Some unit owners also had alleged mismanagement by prior
board members.
Prior to Stermer’s appointment, 122 units had been
evacuated. Last August, all remaining units were evacuated
after engineers working on repairs found additional
structural deficiencies in buildings. Stermer decided to
sell the property after he determined that assessments of
damage and repair costs prior to his appointment were
“significantly inadequate to assess the true nature, scope,
and extent of the damage facing the association,” he said in
court filings.
Since then, the court granted Stermer’s request to terminate
the condo form of governance and to proceed with the
marketing and sale. In a statement, Stermer wrote that the
sale can’t occur until the court rules or the parties
resolve their issues. “We look forward to resolving the
removal action and moving forward with the sale of the
property as quickly as possible,” Stermer said.
In his report to the court last month, Stermer wrote that
the issue boils down to Fannie and Freddie asserting that
“unless they are paid in full from the sale … they will not
consent to the sale.” Essentially, this means that they are
asking that sale proceeds designated for unit owners,
including those with no mortgages on their condos, are first
used to pay back Fannie and Freddie in full.
This will reduce “the pro rata share to be distributed to
each unit owner,” Stermer wrote.
The sale to Integra would break down to $67,434 per unit.
Records show one of the two Freddie mortgage loans on a
Heron Pond unit is $132,000; and some of the Fannie
mortgages range from the high $100,000s to over $300,000,
though that’s the amount lent and doesn’t include how much
has been paid off.