FREMONT — An very affordable houses builder has acquired two Fremont attributes tangled in a serious estate fraud situation in a offer that may return some income to buyers who securities regulators claim had been swindled by a Bay Place developer.
MidPen Housing Corp., performing as a result of an affiliate, has bought parcels at 41965 and 42021 Osgood Road in Fremont, in accordance to paperwork filed on Nov. 30 with the Alameda County Recorder’s Workplace.
MP Irvington, the MidPen affiliate, paid $13.5 million for the two web-sites, the county documents clearly show.
These Fremont parcels are between a lot of attributes that ended up element of the Bay Region real estate empire fashioned by unsuccessful developer Sanjeev Acharya and his fraud-joined organization Silicon Sage Builders.
The Securities and Exchange Commission has accused both Acharya and Silicon Sage of an array of fraudulent steps that fleeced hundreds of investors, several from the South Asian community, according to the SEC allegations.
MidPen Housing’s obtain of the Fremont websites was an all-funds offer, in accordance to the house files.
Jeff Aguilar, a broker with CBRE, a industrial serious estate company, organized the purchase offer, U.S. District Court information show.
A federal choose has shoved Silicon Sage’s attributes into receivership. David Stapleton, the court docket-appointed receiver, has begun a intricate system of attempting to salvage benefit from the collapsed and bankrupt authentic estate empire by getting purchasers for the attributes.
Ahead of choosing a likely consumer for the Osgood Road site in Fremont, the receiver marketed the residence for some months, according to courtroom papers.
The prior proposal for the assets envisioned the enhancement of 284 units on 3.5 acres at the Osgood Street site.
MidPen Housing envisions somewhere all-around 190 to 270 units at the Osgood web-site, according to Fremont city setting up documents.
The receiver also has engineered the sale of 3 other attributes:
— Just one38 Flats at 138 Balbach St. in downtown San Jose was offered for $53.5 million to Carmel Companions on Oct. 13.
— On Oct. 15, an business developing at 510 S. Mathilda Ave. and an adjacent condominium advanced at 518 by 528 S. Mathilda Ave. had been purchased for $6.45 million.
— On Sept. 29, the business and retail models in the Madison combined-use progress at 1364, 1374 and 1378 El Camino Authentic in Santa Clara were acquired for $2.6 million. Household condos in the sophisticated weren’t involved in that offer.
MidPen Housing, the potential new proprietor of the Fremont properties on Osgood Highway, is a veteran nonprofit household developer.
“Our get the job done at MidPen is pushed by the perception that harmless, very affordable housing gives the foundation important for individuals to prosper and add to their communities,” MidPen states on its web-site.
The organization has formulated 8,500 households for minimal-money family members, seniors and unique-desires men and women, in accordance to a post on the MidPen web page.
“There’s very little much more worthwhile than supplying secure housing that will allow men and women to thrive, not just survive,” the MedPen Housing write-up states.
In the just-completed Fremont offer, the CBRE broker solicited bids from various future purchasers and established a deadline in May possibly of this 12 months for the submission of the bids.
7 bids have been been given, all from residential developers. All the bidders stated they supposed to seek new approvals from Fremont officials to re-entitle the project.
Nearly all of the potential consumers wished to be selected that they could earn Fremont’s approval of entitlements to develop the assets in advance of they accomplished the obtain of the web site.
The courtroom records point out that MidPen Housing was prepared to speedy-keep track of its acquisition.
Folks who invested in the Osgood web page could get thousands and thousands from the $13.5 million residence deal — just after payments are created to different events.
The principal lender for the home, Osgood Washington Keeping Co., is anticipated to obtain $10.3 million from its share of the proceeds. Residence taxes whole $420,300. The CBRE broker’s commission is $175,000. Closing charges full $67,500.
The payments to other get-togethers may possibly go away a residual of a lot more than $2 million, which could offset at minimum a portion of the losses suffered by the investors in this particular task.
“The supply from MidPen Housing was identified to be the most effective since it was geared up to close immediately, somewhat than waiting for entitlements,” the legal filings show.
Team writer Joseph Geha contributed to this report