Tag Archives: Nevada

Belvedere Developer also Linked to Failed Bank in CA

Bijan Madjlessi was/is the owner of the Belvedere Towers condominium project here in Reno and who had neglected to pay his property taxes resulting in the property being seized in a tax foreclosure by Washoe county.

Madjlessi has also been arrested in California for insurance fraud because he filed insurance claims on two separate policies.

Now, it appears that Madjlessi has a very busy man.  He is also linked to the failure of the Sonoma Valley Bank that had three branches in the Sonoma Valley area of CA.

When Sonoma Valley Bank granted him a loan he had already defaulted on a loan from IndyMac bank for the same project.

At the center of the bank’s downfall is a series of large loans made to a small group of North Bay developers who were behind three Sonoma County projects that fell into foreclosure over the past few years.

The bank continued to fund the projects even after it became public in land records and lawsuits that the developers were defaulting on multimillion-dollar loans from other banks and were not paying construction contractors.

At this time I am aware of at least two other failed real estate projects.  He blamed the bad economy.

Read more here.

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Belvedere Developer Arrested for Insurance Fraud

California Insurance Department officers arrested Madjlessi last week for insurance fraud.

Bijan Madjlessi, who controls the Belvedere Towers condominium project in downtown Reno, has been charged with felony insurance fraud in making multiple claims for losses after the building caught fire nearly three years ago.

Possibly the more interesting parts of the story are the comments that follow.

Read the article here.

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Washoe County Tax Sale and the Belvedere

Washoe County recently conducted the sale of tax delinquent properties.  According to Nevada statutes the properties are placed for sale if the taxes have not been paid for at least three years.

The RGJ reported on the purchase of 92 condominiums by David Lonich, the attorney representing Bijan Madjlessi of Belvedere LLC.  Madjlessi planned to market the condos in the Sundowner’s north tower, but the economy and the real estate market soured and he was unable to sell as planned.

The lawyer for the developer of downtown Reno condominiums — converted from rooms in the former Sundowner Hotel and Casino — on Wednesday purchased 92 of the condos for nearly $2 million at auction, after his client was delinquent in paying nearly $800,000 in taxes to the county.

But, here is the part that the RGJ, for whatever reason, did not tell.

The story was related to me by people that had attended the Washoe County Tax sale last week.

Lonich bought all 92 units and experienced little or no competition.  Others bid on some of the properties, but were all out bid.

The nature of the tax lien is that it is superior to all other liens. Consequently, when a tax sale is conducted, all other liens are wiped out.

So, what else was wiped out?  Since the taxes take precedence over all else, any financing, or mortgage loans were eliminated. According to notices of default totalling approximately $47.9 million, debt in that amount was eliminated, completely.  The RGJ reported that the property was purchased for $7.89 million.  I’m not clear how debt could grow to 47.9 million.  Nevertheless, it would appear the banks lost, big time.

Likewise, public records showed a total of 359 liens had been filed against Belvedere LLC and the property.  Some of these liens may have been satisfied, but this has not been verified.  A total of 771 documents have been recorded associated with Belvedere LLC and I have not reviewed all of them.  These liens have all been completely wiped out by the tax foreclosure.  Each of these liens represents someone that Belvedere LLC owed money, and each was left holding the bag.

Contractors didn’t get paid.  Vendors didn’t get paid. The HOA didn’t get paid. and even the City of Reno didn’t get paid.

Now, I believe that some of these liens may have been satisfied because some of the units may have been sold but this has not been verified.  Therefore the total numbers may vary a bit, but this is still close.

And what did Madjlessi lose?  You may be surprised to learn that he fared a bit better than his associates, the banks and the contractors and vendors.  He was able to eliminate $47.9 million
in debt for a mere $2 million and he got a lot of his building upgrades for free.

It’s nice work if you can get it.

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MERS Loses in Oregon, Too

A federal judge in Oregon ruled against MERS, the Mortgage Electronic Registration System,  in a foreclosure case and delivered a potential setback to the mortgage industry’s electronic lien-registry system.

Theories exist that one purpose for the existence of MERS is to avoid paying the recording fees to the various county recorders.  By Using MERS, banks have avoided millions, and possibly more in recording fees.

The homeowners in this case were clearly in default.  They hadn’t made a payment since 2009.

Oregon law, like that in Nevada, allows for non-judicial foreclosures.   The provisions, however, are that any transfer of ownership of the liens and the documents must be properly recorded in the local county.

The banks and MERS apparently didn’t think the rules were important enough to follow.  Sometimes, I think it is a calculated risk.  They are going to get caught once in a while, but the rest of the time it is worth while.

In this case, the banks and MERS got caught.  There were significant gaps in the chain of title.  Also, three separate documents were recorded, signed by three separate vice presidents of MERS, and each notarized by the same notary.

Read the rest here and here for the original ruling.  (notice that some of the links did not work for me every time even though the url was identical, but I was able to find the documents in question.  My only explanation is that it must be magic???  Iaf you still have problems, contact me and I’ll try to help.)

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Damaging a Home in Foreclosure Might Become a Felony

We have seen numerous stories where homeowners facing foreclosure have removed appliances, fixtures and even the copper plumbing and wiring before they finally leave the house.

I suspect that these actions are for two basic reasons: one is simple economics.  They believe they may recoup some of their losses.  The second reason is revenge.  They believe the bank damaged them and they in turn want to damage the bank.

No matter what the reason, the cost of correcting the damage is immense.

Nevada Assemblyman Peter Goicoechea introduced a bill that would make the willful damaging of a property in foreclosure a felony.

According to the bill, anyone who occupies a home, including the borrower or even a tenant, can be charged with a felony if they damage the property while in the foreclosure process. Authorities would have to prove the vandal had personal knowledge of the pending foreclosure or any judicial proceeding.

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Home Prices Continue to Drop in Reno/Sparks

The Median price for homes in the Reno/Sparks area is now $5000 below 2009.

The RGJ reports that Reno home prices continue to fall. Buyers are sensitive to price (is that a surprise?). Both home prices and the number of homes sold were lower than last year.

Incline Village was the exception with the sale of 36 condos.

I try to link to any story, but I was not able to find this on line. This story appeared in the Sunday print edition. The RGJ seems to want to have some of its content “Only In Print.” Are they ashamed of their product?

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Real Estate Roundup

Real Estate Roundup and News

Foreclosure sales push Vegas prices to 15-year low Median price at $118,000.

Foreclosure filings fell last month, but it’s a fake out Don’t believe the numbers.

Housing data may have understated extent of collapse The housing problem could be greater than we realize.

Owing more than home is worth USA Today.  Washoe county listed at 53.3% underwater.

Shadow inventory to push foreclosures to new heights Housing Wire

Banks still holding 70% of REO from market

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Without a Note, Can The Banks Foreclose?

The new battle in foreclosures is that the banks can’t produce the note, and consequently can’t foreclose. This situation has been happening all across the nation. The fight against the banks is to demand that they produce the note before they are allowed to foreclose. Routinely, the banks can’t find the note and have no idea where it might be.
The situation here in Nevada is that Nevada is one of 24 non-judicial foreclosure states. This means that here in Nevada a trustee can order a foreclosure and a court never sees the case. However, in other non-judicial foreclosure states the courts have gotten involved and have ruled against the banks.
For more on this: http://mrforeclosure.wordpress.com/2011/02/01/who-owns-the-note/

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HUD Gives 10% Discount on REO for Nonprofits, Governments

Have you ever submitted an offer to purchase a HUD house, and then you learn that it was purchased by a governmental agency for less than you offered?

Apparently HUD has been selling REO properties to local government agencies and non-profits for less than the market price.

Those agencies participating in the Neighborhood stabilization Program will get to buy the properties at 10% below appraised price.

The new initiative will also give these buyers a 14-day first-look period to consider buying the property ahead of investors. HUD secretary Shaun Donovan announced the new initiative at the National Council of La Raza annual conference in San Antonio, Texas.

Our government has done such a good job with everything else it’s tried.  What else could go wrong.

Do you think local governments should be competing with citizens in the real estate and housing business?

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Nevada Imposes New Paperwork Burden on Home Sellers

The State of Nevada has imposed an additional paperwork burden on all home sellers, effective January 1, 2001.  The regulation, issued by the Nevada Energy Commissioner is intended to evaluate the energy consumption of residential property.
A four page form gathers information about energy consumption of the home, type of construction, and energy Star ratings of appliances, among other things.  I suspect it won’t take nearly as long as filling out a form 1040, but a revised version may be on the way.  The form must be filled out by the seller, or a “certified” home energy inspector and provided to the buyer.  The form may be waived if agreed by both the seller and the buyer, but the waiver is on page 4 of the form.

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