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Bank foreclosing on Extell site.


Barclays has begun foreclosure proceedings on a development parcel owned by Extell Development Company on the far West Side.

The London-based bank filed suit against Extell over the weekend, claiming that the real estate firm has defaulted on a $28.8 million mortgage Barclays loaned the company in 2005.

The lawsuit names Extell's chief executive, Gary Barnett
This article refers to the college football coach. For Gary Barnett, the President of Extell Development, see Gary Barnett (developer)
Gary Barnett (born May 23, 1946 in Lakeland, FL) is a college football head coach.
, as a personal guarantor on the debt, meaning he is responsible for paying portions of the mortgage if proceeds from a foreclosure sale foreclosure sale n. the actual forced sale of real property at a public auction (often on the court house steps following public notice posted at the court house and published in a local newspaper) after foreclosure on that property as security under a mortgage or  aren't sufficient to recoup the loan amount.

The guarantee could put Barnett on the hook Adj. 1. on the hook - caught in a difficult or dangerous situation; "there I was back on the hook"
dangerous, unsafe - involving or causing danger or risk; liable to hurt or harm; "a dangerous criminal"; "a dangerous bridge"; "unemployment reached dangerous
 for millions, especially since it would appear difficult to sell the land for the amount he paid. Real estate prices have dropped dramatically during the economic downturn, but perhaps no property type has fallen in the city more precipitously than land, whose value is typically tied to the economic prospects of the real estate that can be built on it.

According to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 the suit, Barnett borrowed the money to consolidate under a single, senior mortgage the debt from a collection of smaller parcels he had amassed to create the development site.

According to written reports, Barnett had planned to raise a soaring mixed-use skyscraper on the site, which is located at 350-366 Tenth Avenue between 30th and 31st Streets, during a period when the area appeared to be an important new frontier New Frontier

President John F. Kennedy’s legislative program, encompassing such areas as civil rights, the economy, and foreign relations. [Am. Hist.: WB, K:212]

See : Aid, Governmental
 of Manhattan development.

Barnett's parcel sits across the street from the West Side rail yards, a site envisioned as a westward expansion of midtown with millions of square feet of new commercial and residential space planned.

Perhaps sensing the opportunity to develop an adjacent property and be at the forefront of an emerging area, Barnett paid handsomely to amass a parcel on the relatively small block-front large enough to raise what he planned would be a soaring 600,000 s/f tower. Included in the project were even plans to construct a costly sky bridge over Tenth Avenue linking the property to the High Line.

Barnett was reported to have spent $23 million to buy up a property known as the Stuart Dean building in 2005, a low-rise structure he later demolished to clear the bulk of the site. Barnett later paid the Port Authority over $17 million for a 7,300 s/f section of land to expand the parcel in 2007.

But a growing glut of vacant commercial space in Manhattan, along with a sputtering A popular method for adhering thin films onto a substrate. Sputtering is done by bombarding a target material with a charged gas (typically argon) which releases atoms in the target that coats the nearby substrate. It all takes place inside a magnetron vacuum chamber under low pressure.  residential real estate market, have made new development nearly impossible to finance and have cast the far West Side's planned transformation into a thriving new district in uncertainty.

It's unclear even whether the West Side rail yards, one of the city's marquee development projects under Mayor Michael Bloomberg Michael Rubens Bloomberg (born 14 February 1942) is an American businessman, and the founder of Bloomberg L.P., currently serving as the Mayor of New York City. He was a general partner at Salomon Brothers before founding the financial software service company in 1981. , can proceed in the near future.

Barclay's complaint, which was filed in State Supreme Court last Friday, states that Barnett failed to make an $84,021.38 interest payment for the loan that was due on June 9 and that there was no longer enough funds in an interest reserve to cover the missed amount.

Barclays says that it is owed close to $30 million after factoring in interest on the loan, which is now accruing at a higher rate because the mortgage is in default. In July alone, the bank said that $205,527.84 in interest at this default rate had been added to the mortgage balance, along with $14,477.46 in late fees

The bank notes that: "Barnett is liable for the full payment of all accrued and unpaid interest, including payment of any deficiency between the amount finally adjudged to be due and owing due and owing adj. (See: due).  on the consolidated mortgage consolidated mortgage

A mortgage made to replace two or more outstanding mortgages.
 and the amount realized “Amount Realized” is one of two variables in the formula used to compute gains and losses when determining gross income for tax purposes. The Amount Realized – Adjusted Basis tells the amount of Realized Gain (if positive) or Realized Loss (if negative).  from the foreclosure sale or sales of the mortgaged property, up to the amount of the guaranteed interest payments, for which a deficiency judgment An assessment of personal liability against a mortgagor, a person who pledges title to property to secure a debt, for the unpaid balance of the mortgage debt when the proceeds of a foreclosure sale are insufficient to satisfy the debt.  is being sought by this action against Barnett."

Barnett did not responds to request for comment.
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Author:Geiger, Daniel
Publication:Real Estate Weekly
Date:Oct 28, 2009
Words:649
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