The six-storey, 173-unit development project on the 3000 block of Henry Street received a development permit from Port Moody in 2021, but remains undeveloped. Image supplied
[UPDATE: The Dispatch has updated this article with comments from Aultrust Financial.]
A major development project in Port Moody has defaulted on its loans and has been ordered into receivership, despite opposition from investors.
Bayrock Terrace is a six-storey, 173-unit development project approved for the 3000 block of Henry Street, just southeast of the Moody Centre SkyTrain Station, which received a development permit from Port Moody council in 2021.
On June 19, KingSett Mortgage Corporation filed a petition with B.C. Supreme Court to appoint a receiver over the four mortgaged properties, collectively valued at nearly $9.8 million according to BC Assessment. KingSett said they intend to sell off the lands and recoup $12.4 million loaned to developers.
The properties are jointly owned by 3000 Henry Street Limited Partnership, and its general manager, Aultrust Financial, through a B.C. holding company.
As the general partners of the development consortium, Aultrust’s co-founders, Amin Eskooch and Navid Morawej, personally guaranteed the loan, and were required to make monthly interest payments on the debt.
But starting on Feb. 1, 2024, the interest payments went unpaid, leading KingSett to demand the outstanding debt be paid back. Counting accrued interest, the debt has now grown to over $13.1 million.
Aultrust did not attempt to fight the appointment of a receiver, and court approved KingSett’s petition on July 29.
Opposition from investors
Seven other investors in 3000 Henry Street Limited Partnership, however, opposed the appointment of the receiver. These investors hold a substantial majority of the units, and argued the receivership was “unnecessary and inappropriate.”
They said because the lands remain undeveloped, there is no maintenance or risk of damage to the properties; recent offers from sales efforts show that KingSett is well secured and not at risk; and a receivership would be a significant cost to unitholders, describing it as “wholly inequitable.”
“The unitholders ought to be afforded a chance to realize at least some return on their investment,” the investors said in their response to KingSett’s petition.
The investors requested a chance to pursue investments, refinancing or a sale, potentially through a foreclosure proceeding, and potential removal of Aultrust as their general manager.
It is not the first time that members of the consortium has tried to remove Eskooch and Morawej as the general partners. In fact, the opposing investors alleged the receivership proceedings began under “suspicious circumstances.”
“Navid and Amin may be attempting to utilize a receivership as a means of maintaining an interest in the lands while shedding themselves of the unitholders and avoiding any potential liability,” claimed the investors.
Aultrust Financial had been contracted by the 3000 Henry Street Limited Partnership in order to provide project development services in 2019.
The investors submitted the consortium became increasingly dissatisfied with Eskooch and Morawej’s marketing and sales efforts, with many believing they were pursuing transactions to benefit themselves personally through joint venture agreements, which would earn them fees.
In April 2023, the investors passed a resolution to remove Aultrust Financial as the managing partner, but the resolution was eventually withdrawn the following September due to concerns over meeting deadlines, and a potential costly litigation process.
The group stated they sought legal counsel after two opposing investors met with Jeremy Towning, director of acquisition for the Swissreal Properties.
Towning informed the investors that Eskooch and Morawej had entered into negotiations with Swissreal to bring in an equity partner to purchase the lands, according to the investors.
They claim that Towning advised them that a deal had been worked out, where an undisclosed equity partner had agreed to purchase the lands for $15.5 million, Eskooch and Morawej would become co-partners through their own company, and Kingsett would continue to be the lender.
The investors, however, claimed that offers of up to $30 million were received through previous sales efforts. They also note that Morawej recently became the director of operations for Swissreal, and Eskooch recently became its director of investment.
KingSett’s response
But KingSett responded the opposing investors have “no standing in the proceedings,” as Eskooch and Morawey were the guarantors of the loan through the holding company, adding as limited partners, the investors have not provided any security to KingSett in connection to the loan.
The 2017 limited partnership agreement with the consortium states that its general partner is soley responsible for an “any litigation involving a claim by or against (3000 Henry Street LP),” noted KingSett.
“KingSett has not named any of the opposing unit holders in its petition and is not seeking recourse against the opposing unit holders at this time.”
KingSett said that previous marketing efforts resulted in bids significantly below the appraised values, the opposing investors’ appraisals are outdated, and a number of permits are at risk of expiring if immediate steps are not taken.
The lender also argued that interest from their loan would continue to grow, and any delays would erode the equity the consortium holds in the properties.
KingSett argued the position of the general partner, which has agreed to the receivership, should be given significant weight over the opposing investors.
“It is the job of the general partner to develop this property, it has the understanding of the details and the value of the property and it is of the view that any undue delay will decrease the value of the property,” KingSett said.
The project will now likely undergo a court-supervised auction process.
Aultrust Financial’s response to opposing investors’ allegations
Eskooch said the project was on track to be brought to market earlier this year, but progress was derailed after opposing investors reneged on their financial obligations by refusing to put up more cash, which they were obligated to do under contractual conditions.
Aultrust intents to hold these investors accountable through “every legal meganism at our disposal,” he said.
“The ‘opposing investors’ saw it more convenient to simply breach their contract, than to continue to fund the project which although still profitable, had less than original number of anticipated profits due to rising costs and inflation,” Eskooch said.
Eskooch described the investors’ allegations as “smoke screen” to cover their default and breach of contract.” He said they were looking to quickly flip the properties after achieving rezoning.
Joint ventures were negotiated to reduce risk, provide financial backing, and maintain commitments with the city, “which the investors refused everytime,” Eskooch said, adding Aultrust fees were negligible and have gone unpaid to date.
KingSett waited six months for investors to change course, and commenced legal action independently of Aultrust, Eskooch said. He said any allegation of wrongdoing is “at best ignorance of the law and rather likely, an excuse to cover up their own breach of obligations.”
He said he and Morawey remain personally liable for the debt, and could suffer great personal damage as they relied on the wealth of these investors to fulfill their obligation to the lender and the city.
Eskooch said the project had less units than originally anticipated, and investors found the decreased profit unacceptable.
“We feel that investors who have in the good times, fully benefited from the community development and made large profits, must be held accountable for their failure to honor their obligations to the City vis a vis the developer, when they see the profits slightly reduced,” Eskooch said.
https://tricitiesdispatch.com/development-receivership/