Fraud-tied Fremont web sites might be acquired by reasonably priced housing developer

FREMONT — Two Fremont websites mired in a Bay Region real estate fraud case are established to be bought by an economical households builder in a deal that may possibly return some dollars to investors who federal regulators claim have been bilked by the project developer.

The houses are situated at 42021 and 41965 Osgood Street around the interchange of Interstate 680 and Washington Boulevard in Fremont, according to paperwork filed on Nov. 9 with the U.S. District Court.

These Fremont parcels are among the several homes that were element of the Bay Place actual estate empire fashioned by unsuccessful developer Sanjeev Acharya and his fraud-connected business Silicon Sage Builders.

The Securities and Trade Fee has accused both of those Acharya and Silicon Sage of an array of fraudulent steps that swindled hundreds of buyers, a lot of from the South Asian community.

A federal choose has shoved Silicon Sage’s properties into receivership. David Stapleton, the court docket-appointed receiver, has begun a prolonged system of trying to salvage price from the collapsed and bankrupt authentic estate empire by getting potential buyers for the houses.

Prior to finding a possible customer for the Osgood Road web site in Fremont, the receiver promoted the house for some months, according to court docket papers.

“The receiver has approved an supply from MidPen Housing Corp. to invest in the assets for $13.5 million,” paperwork filed with the federal court docket in San Francisco exhibit.

Jeff Aguilar, a broker with CBRE, a professional genuine estate firm, arranged the invest in deal.

“The buyer has finished due diligence and escrow is keeping a deposit of $1 million,” the courtroom papers said. The sale is to be an “as is, in which is” transaction, in accordance to the legal filing.

The former proposal for the property envisioned the growth of 284 units on 3.5 acres at the Osgood Road web page.

But it now appears that a new enhancement proposal will be submitted to the metropolis of Fremont.

The CBRE broker solicited bids from quite a few future purchasers and set a deadline in Might of this yr for the submission of the bids.

“Seven bids ended up obtained, all of them from residential builders intending to re-entitle the house,” in accordance to the court documents.

Approximately all of the potential buyers required to be certain that they could earn Fremont’s acceptance of entitlements to develop the assets right before they concluded the invest in of the site. The court docket data show that MidPen Housing was inclined to quickly-track its acquisition.

“The present from MidPen Housing was determined to be the very best due to the fact it was organized to shut swiftly, rather than ready for entitlements,” the legal filings demonstrate.

Folks who invested in the Osgood site could obtain tens of millions from the $13.5 million sale of the assets right after payments are manufactured to diverse parties.

The principal loan provider for the house, Osgood Washington Keeping Co., is envisioned to receive $10.3 million from its share of the proceeds. Property taxes whole $420,300. The CBRE broker’s fee is $175,000. Closing prices complete $67,500.

That must leave a little additional than $2.3 million remaining in excess of, which could offset at the very least a part of the losses suffered by the buyers in this specific project.

The receiver also has engineered the sale of a few other attributes:

— Just one38 Apartments at 138 Balbach St. in downtown San Jose was bought for $53.5 million to Carmel Companions on Oct. 13.

— On Oct. 15, an office environment creating at 510 S. Mathilda Ave. and an adjacent condominium intricate at 518 through 528 S. Mathilda Ave. were being acquired for $6.45 million.

— On Sept. 29, the business office and retail models in the Madison combined-use progress at 1364, 1374 and 1378 El Camino Real in Santa Clara were bought for $2.6 million. Household condos in the complex weren’t involved in that offer.