Posted: March 28, 2010 - 2:00
AM
KIRYAS JOEL — In a place where housing demand never lets
up, an ugly court battle has halted sales at a partially built condominium
complex whose developer is nearly $39 million in arrears.
The developer, Abraham Goldberger, claims in a lawsuit that
Jacob Sofer — a fellow builder and neighbor in the Hasidic Jewish community of
Kiryas Joel — betrayed him to seize control of the 342-unit project and
monopolize the local housing market in which they compete.
Goldberger says he enlisted Sofer to negotiate a reduction
in the $39 million bank debt, but that Sofer instead bought the mortgages off
KeyBank through an entity called Lexington Funding Group and then demanded
Goldberger repay the full amount.
Goldberger calls Sofer "a thief" in a court statement. "The
court should note that Sofer lives three doors down from me and prays at the
same synagogue as I do," Goldberger says. "He is no stranger."
A Montgomery attorney representing Lexington Funding Group
in both the Goldberger lawsuit and the mortgage foreclosure that Lexington began
this month dismisses Goldberger's claims as fanciful distractions in a simple
case of loan default.
"It's baseless nonsense," says attorney Stewart
Rosenwasser. "This is a straight foreclosure action. There's nothing more to it
than that."
Sofer echoed those remarks Friday, saying, "Everybody's
using every defense in the book that they can." When asked if Goldberger had
enlisted him to negotiate with KeyBank on his behalf, he answered, "No."
The condo complex is taking shape off Bakertown Road on the
outskirts of Kiryas Joel. About half of the 42 buildings have been built, and 89
units had been sold by the time Goldberger filed his lawsuit. Under an agreement
with village officials, some units are being sold as affordable housing at
below-market prices.
Court papers show that Goldberger and his financial backers
borrowed about $50 million over five years from Union State Bank and KeyBank to
buy the expensive land — $20 million for 30 acres — and pay for construction.
KeyBank inherited the Union State mortgages when it bought Union State in
2008.
The loan balance came due on Sept. 30. Goldberger says he
urged KeyBank to slash his debt because of the depressed housing market. He
brought Sofer into the discussions, he says, because Sofer could vouch for
Kiryas Joel home prices, but also because he could afford to buy the KeyBank
mortgages at a reduced price — an option that Goldberger says the two builders
discussed.
Instead, KeyBank demanded full payment on Dec. 31, not
mentioning that it sold the mortgages that same day to Lexington Funding Group.
Lexington had been incorporated two weeks earlier.
In his lawsuit, Goldberger accuses Sofer of breaching his
"fiduciary duty" by cutting his own deal with KeyBank. He's seeking damages and
a cancellation of the debt; the defendants include KeyBank and one of its
executives.
Rosenwasser counters that no evidence exists that Sofer
ever acted on Goldberger's behalf, saying, "You can't create a fiduciary
relationship without" a written document. Neither he nor Sofer would identify
the investors who make up Lexington Funding Group. Rosenwasser says Goldberger
rebuffed Lexington's proposals for paying off the debt.