- 100 - mortgage insurance company" and "was purchased by an unrelated lender shortly after the loan was funded". According to petitioners, the unrelated mortgage insurers and the lenders who acquired the loans in the secondary market each "had the incentive to ascertain that the value of the properties was at least equal to the debt" and the fact that they undertook to participate in the transactions is "evidence that the fair market value of the properties was at least equal to the amount of the debt at the time it was incurred." Petitioners argue that "the unrelated lenders and insurers did due diligence" and, in fact "would have exercised special caution with respect to such loans" because of the unusual nature of the loans. They further argue that the facts show "that there was no attempt by EPIC to conceal the facts." Petitioners acknowledge that the partnerships purchased the properties with substantial discounts and that the partnerships did not pay the contract price for any of the properties purchased. As stated in their posttrial brief: "common sense suggests that a large and astute investor [such as EPIC] would demand price concessions." Thus, petitioners acknowledge that the prices paid by each partnership reflected the discountsPage: Previous 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 Next
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