Pedro Villar of Sunview Organizations with the resort (Marriott, LinkedIn by using Villar)

Searching to ward off an “aggressive foreclosure action” by its Park Avenue loan provider, the owner of the Aloft Miami Brickell lodge has filed for Chapter 11 bankruptcy.

In a declaration that is portion of the individual bankruptcy petition, hotel developer Pedro Villar said New York City’s Torchlight Investors improperly tried to seize Aloft Miami Brickell’s cash flow and collect a multi-million greenback prepayment rate.

“Throughout [the pandemic, the resort preserved its value in extra of $30 million and is solely unencumbered, but for its $17.8 million mortgage loan,” Villar wrote. “Torchlight is, and has constantly been, unwilling to have interaction in negotiations to realize a work out.”

Villar and his legal professional Joseph Pack declined remark. Torchlight and attorneys representing the genuine estate investment organization in the foreclosure lawsuit did not answer to requests for remark.

The 160-area hotel, at 1001 Southwest Second Avenue, is owned by the entity Mary Brickell Village Resort LLC, which is managed by Villar, president of Miami-centered Sunview Providers.

Finished in 2013, the resort has belongings totaling $34 million, and $18 million in liabilities, according to the bankruptcy submitting. Its premier creditor is an affiliate of Torchlight that extended the $17.8 million bank loan. The premier unsecured declare is for $252,098, which is owed to the Miami-Dade County Tax Collector.

Villar’s organization is the next Miami resort proprietor in recent weeks to seek out individual bankruptcy safety following weathering the pandemic-induced economic downturn. The owner of the Getaway Inn at 340 Biscayne Boulevard in downtown Miami also submitted for Chapter 11, which permits a firm to restructure its money owed whilst satisfying collectors.

“Last calendar year, the resort was confronted with its most really serious obstacle due to the fact it opened its doorways through the Summer of 2013: the COVID-19 pandemic and the limitations placed on
corporations, especially people in the hospitality marketplace,” Villar wrote in his declaration. “When COVID-19 arrived in March of 2020, the bank loan was supported by hundreds of 1000’s of pounds in reserves.”

The hotel operator did not miss a one personal loan payment prior to the pandemic and reached out to Wells Fargo, which was servicing the home finance loan, to arrive up with a contingency strategy in the function of missed payments while Covid-19 limits remained in location, Villar wrote.

Months later on, he figured out that a Torchlight affiliate experienced taken more than servicing the personal loan and would not be helping the lodge possession entity in creating any modifications, Villar alleged. He claimed that the hotel was unable to operate and that conversation with Torchlight “was shut to unattainable.”

Instead, Torchlight began demanding default level fascination, unique servicer costs and authorized service fees that Villar’s company disputed, the declaration states. In March, Torchlight submitted the foreclosures action against the hotel operator.

“Torchlight experienced no sincere desire in negotiating in very good religion and had made a decision early on in the method that they wanted to seize the lodge,” Villar alleged. “Mary Brickell Village Lodge has made no headway in negotiating with Torchlight and is of the look at that Torchlight’s lawful positions are lawfully unsound, and even potentially expose a nefarious small business product.”