Linked In Finance Members, I have an unusual situation that I want to know if you can help me with. Let me tell you a little about my situation. I am a commercial developer who made the mistake of guaranteeing my son’s debt and he was one of the largest privately held homebuilders in central California. I had signed on a Line of Credit that secured his Operating Line of Credit. It had been revised and amended a number of times since I signed on it in 2005, and I honestly thought that since it had been redone a number of times without my signature, that I was no longer responsible, and I had quit signing on all the other banks loan documents since I had sold my interest in the home building company to my son and daughter.. Wells Fargo was restructuring the debt and during this period, and we thought that based on their assurances to us to keep selling and building, that we would be able to work our way out of the financial issues at the time, as they owed $60M but had $35M in liquid assets at the time and bank appraisals of $237M. After nine months of assurances, they told us that they decided to exit the land development and home building businesses, called the loans due and forced the home building company into bankruptcy. The only other issue is a shopping center that we sold the land to Lowes and Wal Mart and had a number of fast food pads ground leased at the shopping center entrance. When Wells Fargo forced me into bankruptcy, Citizens Bank that had financed the shopping center stopped advancing us funds so we let it go back to them. On the commercial properties that I have, I have never so much as had a late payment either before or during bankruptcy. After being informed that I was responsible also, we had meetings and I thought that we had worked out a plan to repay an amount to Wells Fargo that we came to an agreement on. After several months of negotiations in which we thought we had reached resolution, they changed their mind for some reason and forced me to file a Chapter 11. Wells Fargo’s attorneys have been relentless in their pursuit of all my assets and have charged Wells Fargo far more than they will receive from the proceeds. Our Trustee, and our attorneys have said that they cannot understand the motives behind their actions. I have over $20,000,000 worth of property with about $600,000 per year of net cash flow and I need to borrow $7,000,000 to extract myself from the greedy claws of Wells Fargo. The reasons for the $7M is that I have two bankruptcies, a personal one with a considerable amount of commercial properties and another one for the company, Ennis Commercial Properties. On my personal, it would take approx. $3M to pay off the loans that Wells Fargo has plus another $2M to pay to the unsecured creditors for a total of about $5M. This would make a loan with all 1st Trust Deeds for $5M with a market value based on distressed fire sale prices of around $13M with annual net cash flow of around $400,000. Ennis Commercial Properties would retain their 1sTD’s as they have two large loans that have about $900,000 to a $1,000,000 prepayment on each one. Where we used Wells Fargos figures on the personal bankruptcy, we used market based values on the Ennis Commercial Properties, which is around $15.7M with an annual net cash flow of $325,000. These are good properties. For instance, 3 are leased to national or regional banks, 2 leases with Jack in the Box, 1 lease with Carl’s Jr., 2 are government leases, Napa, etc. They are quality properties and located very well. I happen to be a person with excellent credit who is in bankruptcy with that black mark against me. My daughter will have detailed spread sheets that will give you all the information that you would need to look at to make an analysis, but they will not be be ready for another day or two. Also, we have CBRE’s Brokers Opinion Of Value on they properties. My contact information is below.
Thank You
Ben Ennis
Office 559 782-6000 ext 104
Cell 559 804-8350
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Hi Ben,
Have you been helped with this request yet? If not, I work as a banking consultant with investment bank, IBS Bank, N.A., sourcing viable commercial real estate(but not limited to) funding deals. Definitely think we could be of assistance. Feel free to contact me by any means below to have a conversation. I look forward to chatting with you. Thanks.
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Kind regards,
Ben, I would be interested in discussing with you in more detail the possibility of providing funding that will allow you to come out of BK. We have had positive experience with other BK clients, which you can speak with about our results.
My company name is StoneTree Financial a direct private lender located in Oakland, CA. When you have a moment give me a call at 415-310-1123 or email me at frank@stonetreefinancial.com
Frank Sanders
StoneTree Financial
436 14th Street, Suite 1118
Oakland, CA 94612
415-310-1123 Cell
510-268-4884 Office Direct
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Ben,
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