From left: Kent Swig, the site at 45 Broad Street and a rendering of Nobu Hotel and Residences

Lehman Brothers Holdings is expected to take control of a Kent Swig development site at 45 Broad Street at a foreclosure auction scheduled for next month.

Swig’s Swig Equities lost control of the site after Lehman filed to foreclose in 2009; the site was then put in the hands of a court-appointed receiver. Swig is named in the foreclosure suit, along with various organizations that have filed liens against him.

Among the other defendants are Langan Engineering & Environmental Services, New York State Department of Taxation and Finance and other tenants, occupants, contract parties, lien-holders and others that may claim an interest in the property. The lien amount is $72.5 million in total. The auction will take place Nov. 16, according to PropertyShark.com. [more]

Kent Swig and 25 Broad Street

Lehman Brothers Holdings is seeking approval from the judge handling its bankruptcy case to restart Kent Swig’s stalled condominium conversion project at 25 Broad Street and turn the building into rental apartments. According to Bloomberg News, the bank said in a court filing that it plans to foreclose on both the conversion and on an adjacent development parcel at 45 Broad Street, and wants to invest $25 million to finish the job. Lehman has already poured $39.9 million into 25 Broad Street since Swig defaulted in 2009. As part of completing the 281-unit project, the bank would demolish the building’s south wing and transfer its 64,000 square feet of development rights to 45 Broad in order to attract potential buyers for the latter parcel. Comments

From left to right: Kent Swig, Yair Levy, Harry Macklowe and Aby Rosen could be personally liable to lenders.

From the November issue: Contrary to popular belief, commercial lenders did not throw out all of their standards in the recent cycle of easy credit.
When developer Aby Rosen structured his $133 million loan for the
acquisition and development of the Shangri-La hotel at 614 Lexington
Avenue in April 2007, the mortgage document included a personal
guaranty to cover losses in the event of a default. Similarly, when Kent Swig negotiated $49 million in loans with
Lehman Brothers Holdings to develop a hotel and condo project at 45
Broad Street in the Financial District in 2006 and 2007, the bank
demanded a similar guaranty in the mortgage documents.
And other big-time borrowers such as developer Yair Levy and
investor Steven Elghanayan have made the same types of commitments to
convince banks to make loans on their projects. [more]