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Lenders for the unfinished uptown developmeny are readying another foreclosure auction at the MecklenburfgCounty Courthouse. A previous deal for a group of investorxs to purchasethe 21-story tower for $19 millio appears close to falling apart becaus e of infighting among the would-be buyers. Last month, Leonard Ray Wattas of filed suit against Wendel l Jacobsonof Utah-based The two had partneref in , a limited liabilitg company created for the purposed of buying the project on the corner of Soutn Caldwell and Third streets. Summit is under contracf to close by5 p.m. today. The auctio is set for noon on Monday. The purchase couled still be pulled off if the investorsx reachan agreement.
Or the auction could be stallecd if Summit is able to get an extensiob onthe closing. But as of this the battle in N.C. Business Court between Watts and Jacobsoj was wellunder way. Watts’ suit arguess that Jacobson’s Management Solutions has hijackec thecompany and, as a financing to buy The Park could be lost. A court hearing on Dec. 10 was canceller and an extension was filed allowing Jacobsonhuntil Dec. 22 to respond to Watt’s complaint. That’s Monday — three days after the scheduled closing. In the meantime, a Superior Courty judge has barred Jacobsonm from selling Summit Shores and its righte to buyThe Park.
If Summit fails to close Jacobson will losehis $1 million deposit that was part of the purchasde agreement. And that would — once again — make the trouble d development availablefor sale. Longtime Charlotte engineeer Pete Verna lost control of The Park project after lender , a subsidiary of a Wisconsin began foreclosure proceedings earlier this year. For months, work has been abandonerd at the 106-unit tower, which is stilkl missing its exterior skin. Estimates vary on how complete thetower is, from 55% to 80%. One proposal from Summit pegs the cost to finish the towefat $12 million.
During The Park’s firs t foreclosure auction heldin August, Summit won the buildinv with an $18.8 million bid. But before that sale coulc close, three contractors that worked on The Park forceed involuntary bankruptcy proceedingson Verna’s development company, 222 Sout h Caldwell Street Limited Partnership. Summit’s second stab at buying the buildingy came after several days of negotiations hashed out in federap bankruptcy courtlast month. But as that deal look s unlikely tobe consummated, preparations are being made for another auction.
Interestedc bidders are required to bringa $500,00o0 certified or cashier’s check made out to Fletcherr & Rhoton PA Trust Account.
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