AGG guides $32.5M Fla. real estate deal

Posted on January 14, 2010 16:36 by Janet Conley

The wave of foreclosures that swept across Florida is beginning to yield some deals in the battered commercial real estate sector.

Arnall Golden Gregory partner Scott A. Fisher knows that firsthand, because he just closed a $32.5 million deal representing Bay Isle Key LLC, which includes Atlanta-based real estate investor Pollack Partners among its backers, in the purchase of 510 foreclosed apartment and condominium units in St. Petersburg.

Scott Fisher “My client said to me … 'You know, this is the first deal we've closed in 18 months,'” recalled Fisher, who has represented Pollack Partners for years. “I said, 'You don't need to tell me that.' The fact that [the client] could find an equity partner to do the deal with is indicative of a recovery in the market.”

Fisher said competition for good real estate deals is keen these days. His client was able to land this one in part because it is a so-called “fractured condo deal,” meaning some of the units are condominiums and others are apartments. That structure, Fisher said, tends to discourage buyers looking for a simple deal.

He said the Bay Isle Key community, which includes a lake, three swimming pools, tennis courts and other amenities, initially was designed as an apartment complex. Then an investor bought it and began converting it to condos. About 70 units had been sold when the market collapsed and lender GE Capital foreclosed. A GE affiliate, Echelon Acquisition Co. LLC, represented by lawyers from Greenberg Traurig's Fort Lauderdale office, sold the units to Fisher's client.

The foreclosed units, Fisher said, sold for an average of about $63,700 each. Atlanta developer McRae & Stolz paid $59.4 million for the property in 2006, or $150,000 per unit, and then added nearly 200 units, according to a report in the Tampa Bay Business Journal.

“My understanding is that the property had been under contract before, but it was Pollack's ability to close quickly that facilitated their ability to buy the property,” Fisher said. He added, “Hopefully, this is indicative of what we will see in 2010. I would call 2009 … the year of indecision, primarily by banks.”

This year, he said, if banks get more decisive, “You're going to see more transactions like this available where you have an opportunity to buy foreclosed property or to buy loans from banks that will generate more transactional business. But in the end, the volume is going to depend on what happens in the financing market.”


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Janet ConleyThe Deal Watch Blog is devoted to bringing you the latest news in business law in Atlanta, the Southeast and the U.S. The lead writer is Daily Report associate editor Janet L. Conley.

Janet L. Conley is an attorney who returned to journalism after practicing law with Akin, Gump, Strauss, Hauer & Feld in Washington and with the Georgia Legal Services Program in Atlanta.

During her tenure at the Daily Report, Janet, now the paper's associate editor, has covered law firm economics and management, business and federal courts. In 2007, she received the Georgia Associated Press Story of the Year award and the Atlanta Press Club’s Journalist of the Year award, both for small circulation newspapers, for "Green to Gold," a series of articles on how climate change will alter business and the law.

Janet has written for The American Lawyer magazine and the National Law Journal, among other publications. She also served as managing editor of GC South magazine.

Janet holds a journalism degree from Southern College and a juris doctor degree from the University of Pennsylvania. She lives in Decatur with her husband Mark Harper, also an attorney, and their three children.

She can be reached at jconley@alm.com.

Andy PetersThe contributing writer is Daily Report staff reporter Andy Peters.

Andy Peters has been a journalist since graduating from Furman University in 1992. A short list of the subjects he’s covered includes the Georgia state Legislature, the U.S. semiconductor industry, the Alabama-Florida-Georgia “water wars” litigation, the 1999 American Airlines pilots strike, Coca-Cola and PepsiCo’s battle to acquire the Gatorade sports-drink brand, indie rock music and high school football. Andy has written for Bloomberg News, the New York Times Web site, the Macon Telegraph, the Spartanburg (S.C.) Herald-Journal and the Atlanta Business Chronicle.

Andy has written the Deal Watch column for the Daily Report since March 2006. He was born in Chattanooga, Tenn. in 1971 and grew up in Ringgold, Ga. He lives in Decatur with his wife and two children.

He can be reached at apeters@alm.com.

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