Bank Meltdown Affects Loehman’s Plazza
The local impact of banking industry meltdowns is still not quite over. Smithtown Bank, located in Long Island, might not seem to have a local connection, nor make the headlines with news of bailouts, but the bank is in FDIC receivership. According to Seligson Properties spokesperson Jeffery Kaplan, the bank’s woes has placed the company in an awkward position regarding outstanding property taxes. The taxes for Loehamn’s Plazza sit in an escrow account with Bank of Smithtown and have not been paid to the City of Norwalk.
“We’re still on the hook for the taxes,” Kaplan said, “But the escrow situation has proven to be complicated.”
Loehman’s plaza is home to Loehman’s, a retail fashion store, The Gap, Bull Head Deli and a Bikram Yoga Studio.
According to Tom Hamilton, Director of Finance City of Norwalk, the taxes for the Loehman’s Plaza property have been outstanding since 2008. But the story of Loehman’s PLaza, officially owned by Four Sixty Seven West Ave LLC can’t be summed up so neatly. A look at the tax payment history for the company reveals that about 2007, the Four Sixty Seven West Ave LLC started falling behind on property tax and sewer use taxes. In 2008, two payments were made to catch up the property, but by then they were paying interest on the outstanding balances from 2006 and 2007.
According to Lisa Biagiarelli, City Tax Collector, the delinquent taxes currently by Four Sixty Seven West Ave LLC are owed are from July 1 2009, and January 1 2010 (2008 grand list year, both installments). The office has sent the owner two delinquent notices already, including a notice of intent to lien with a proposed tax sale on July 19.
Meanwhile Seligson properties owes about $518,000 in delinquent property taxes to the City of Norwalk, including Loehman’s Plazza, as of last week. According to a search of tax records, Seligson is listed on between 30 and 50 separate business entities, making a property tax search somewhat difficult.
Complicating the story, is the fact that Loehman’s Plazza is on the judicial docket of the Stamford Superior Court . That case has Federal Realty Investment Trust foreclosing on Four Sixty Seven West Ave LLC, along with Sixteen-Eighteen Merwin Street LLC, and Seventeen Butler Street LLC as of 2/03/2010.
But back to the Bank of Smithtown. The directive from the FDIC is that the Bank must divest of commercial real estate loans in order to comply with the FDIC action.
The January 29, 2010 FDIC enforcement action states that Smithtown Bank must:
Within 60 days from the effective date of this ORDER, the Bank shall develop and submit a written plan, acceptable to the Regional Director, for systematically reducing and monitoring its commercial real estate (“CRE”) loan concentration of credit identified in the FDIC’s Report of Examination reflecting the examination of the Bank as of June 30, 2009 (“ROE”) to an amount which is commensurate with the Bank’s business strategy, management expertise, size, and location. For purposes of the plan, “reduce” means to charge-off or collect CRE loans or to increase Tier 1 capital.
This may explain last weeks foreclosure action on the Frost Building, 520 West Ave. in Stamford Superior Court. Although the Frost building is not part of the Waypointe development, the other foreclosure action of the Bank of Smithtown is. 525 West Ave. is the building where Crystal Spa was once located, and sites between Merwin and Orchard and Loehman’s Plazza are.