Fraud-tied Fremont sites may be bought by affordable housing developer

FREMONT — Two Fremont web sites mired in a Bay Space genuine estate fraud case are established to be bought by an reasonably priced properties builder in a offer that could return some income to investors who federal regulators claim were bilked by the job developer.

The properties are found at 42021 and 41965 Osgood Highway close to the interchange of Interstate 680 and Washington Boulevard in Fremont, in accordance to documents filed on Nov. 9 with the U.S. District Court docket.

These Fremont parcels are among several properties that had been aspect of the Bay Spot true estate empire fashioned by failed developer Sanjeev Acharya and his fraud-joined enterprise Silicon Sage Builders.

The Securities and Exchange Commission has accused the two Acharya and Silicon Sage of an array of fraudulent actions that swindled hundreds of buyers, a lot of from the South Asian neighborhood.

A federal choose has shoved Silicon Sage’s qualities into receivership. David Stapleton, the court-appointed receiver, has started a lengthy course of action of making an attempt to salvage benefit from the collapsed and bankrupt authentic estate empire by discovering prospective buyers for the properties.

Ahead of selecting a probable purchaser for the Osgood Highway web site in Fremont, the receiver marketed the home for some months, according to court papers.

“The receiver has approved an give from MidPen Housing Corp. to order the home for $13.5 million,” files submitted with the federal court docket in San Francisco show.

Jeff Aguilar, a broker with CBRE, a commercial serious estate agency, organized the order deal.

“The purchaser has accomplished due diligence and escrow is keeping a deposit of $1 million,” the court docket papers mentioned. The sale is to be an “as is, where is” transaction, in accordance to the legal filing.

The earlier proposal for the residence envisioned the enhancement of 284 units on 3.5 acres at the Osgood Street web-site.

But it now seems that a new growth proposal will be submitted to the town of Fremont.

The CBRE broker solicited bids from various future buyers and set a deadline in May possibly of this calendar year for the submission of the bids.

“Seven bids were gained, all of them from household developers intending to re-entitle the home,” in accordance to the court files.

Practically all of the prospective consumers preferred to be specific that they could gain Fremont’s acceptance of entitlements to create the assets just before they done the buy of the web-site. The courtroom information reveal that MidPen Housing was inclined to quickly-observe its acquisition.

“The present from MidPen Housing was determined to be the most effective simply because it was organized to close promptly, relatively than waiting for entitlements,” the lawful filings display.

People who invested in the Osgood web page could receive tens of millions from the $13.5 million sale of the residence immediately after payments are produced to diverse functions.

The principal lender for the home, Osgood Washington Keeping Co., is anticipated to get $10.3 million from its share of the proceeds. House taxes full $420,300. The CBRE broker’s fee is $175,000. Closing costs whole $67,500.

That should really depart somewhat far more than $2.3 million still left about, which could offset at least a part of the losses experienced by the traders in this unique project.

The receiver also has engineered the sale of 3 other houses:

— One particular38 Residences at 138 Balbach St. in downtown San Jose was marketed for $53.5 million to Carmel Companions on Oct. 13.

— On Oct. 15, an office constructing at 510 S. Mathilda Ave. and an adjacent condominium complicated at 518 by 528 S. Mathilda Ave. have been acquired for $6.45 million.

— On Sept. 29, the workplace and retail units in the Madison blended-use improvement at 1364, 1374 and 1378 El Camino Real in Santa Clara were being purchased for $2.6 million. Household condos in the intricate weren’t associated in that offer.