From Tulsa World Article....
https://www.tulsaworld.com/business/promenade-mall-s-mortgage-holder-seeking-foreclosure-on-the-property/article_7a9d7f3b-cf7c-5493-b235-00be8a87a49a.html?fbclid=IwAR2gRdM-LhjfrSl9XpDhD6frGd4dcZCdDkmy5CmmS3kjK4vnoGqkBCBabPA"The holder of Promenade Mall’s mortgage is seeking to foreclose on the loan, according to documents filed with Tulsa County District Court last month.
Ready Capital Corp., the original lender and current holder of the loan, alleges in court filings that the mall’s owner — a Delaware limited liability company — has defaulted on the loan by failing to make payments from March 2019 forward.
Ready Capital Corp. also alleges that its collateral interest in the property is diminishing as a result of the mall owner’s failure to maintain the property and a suspected failure to direct all rents to the designated “lock box.” Court filings claim the property’s value has seen a three-year plunge from $25.9 million in a 2016 appraisal to $4.5 million per a recent estimation by NAI Farbman...."
I almost wonder if there was something to gain by the Mortgage Holder by loaning the money to these people that are known bad actors and "Mall Killers" ? Like people who can get a tax write off from devalued property?
All anyone has to do is look the company up online to find horror story after horror story....
https://en.m.wikipedia.org/wiki/Kohan_Retail_Investment_Group?fbclid=IwAR2GVoqL7jf1C1ChZCPIBaUdobqVM9aP2qjOp_9pYH_w1K_XfsWe_FK0owUKohan lost the Jamestown Mall in late 2011 due to foreclosure, but retained some ownership in late 2012.[1][10] The mall had previously declared bankruptcy in August 2011.[1] After purchasing Woodville Mall in 2009, it was closed in December 2011 by court order, and demolished by Northwood, Ohio in March 2014 due to its poor material condition.[32][33] Lincoln Mall suffered from serious material condition issues during Kohan's ownership and in August 2013 went into receivership.[15][34] Matteson, Illinois took over ownership in June 2014 and it closed in January 2015 after running out of money.[35][34][36] At the malls closure, over $10 million in fines and taxes was owed to Matteson by Kohan.[34] Lincoln Mall was demolished starting in May 2017.[37] During a 2013 police drug search, serious issues were discovered in Northland Mall's former Kmart that included mold, roof damage, and other major issues. Ownership also owed $141,081.61 in taxes to Nobles County, Minnesota.[38][39] The mall had serious material condition issues in April 2014 that Worthington, Minnesota took action on.[40][41] Worthington won a court decision about the former Kmart in June 2014, and demolition began in February 2015.[42] The mall was sold to 7&41 LLC in May 2015.[43]
Due to lack of payment on a $300,000 bill, Rotterdam Square Mall lost power on February 12, 2015.[2][44] The mall was later sold to ViaPort USA for $9.25 million.[45] Since its purchase, Berkshire Mall has suffered from serious tax issues with many payments being missed. Kohan has been taken to court several times over these issues and has narrowly avoided Berkshire's seizure.[24][46] Berkshire has also suffered from a series of power outages.[8] Kohan owed $627,789 in property taxes on the Washington Square Mall in 2017, and the mall was put up for tax sale.[21] The malls outstanding taxes were paid off in October 2018 for $1.1 million.[8] VF Factory Outlet Mall closed in October 2017.[33] Indian River Mall almost lost power in December 2017 due to unpaid electric bills and bounced checks totaling $428,175. The bill was paid the day electric was to be shutoff.[47]
Mayberry Mall was almost closed on February 1, 2018 by local government officials due to roof and mold issues. It was sold to WRS Inc. Real Estate Investments in 2019.[48][49] In August 2018, Kohan sued Clay, New York for a reduction in the Great Northern Mall's taxes, while owing $1.53 million to county government.[50] Due to the roofs poor condition, Effingham City declared Village Square Mall unsafe in August 2018.[51] Due to Kohan not paying Lycoming Mall's PPL electric bill, it lost power in late August 2018.[52] In September 2018, Southbridge Mall was sued by Cerro Gordo County for $177,324 in back taxes.[26][53] Those taxes were paid off in December 2018, with three of the previous four checks sent to the county bouncing.[54] Kohan owed around $550,000 on The Orchards Mall in various taxes before its sale in late 2018.[19]
Lycoming County Water and Sewer Authority placed Lycoming Mall on the February 2019 sheriff's sale list due to unpaid bills.[55] Kohan made a partial payment to stop the auction.[8][22] Chapel Hill Mall almost had power disconnected by Ohio Edison due to unpaid bills in April 2019.[7]
So what gives? If I were the court I would say "Heck no, you knew what you were getting into and you knew what was likely to happen to the mall, how it could damage the area it is in, the jobs of the people who worked there, etc. and you didn't care!" thats immoral. If I could I would seize the mall, sell it to a reputable company, and turn around and fine the company that made the loan on top of what they are losing in order to teach them a lesson.