- 104 - subsidiaries "was both the seller and purchaser". Respondent argues that the outside appraisers were not independent because EPIC "influenced their appraisals with guidelines and requests that precluded the use of bulk sale methods in purchases of multiple units." According to respondent, "EPIC, through CAG, influenced the inflated appraisals related to the properties and determined the stated purchase price." Respondent also argues that the participation of secondary lenders and mortgage insurers does not establish that the value of the properties approximated the debt because there is no evidence that they engaged in due diligence. According to respondent: "the lack of due diligence by secondary lenders and mortgage insurers demonstrates that [the] lenders ignored or did not understand the realities of the EPIC transactions." At the same time, respondent notes the fact that some mortgage insurers refused to insure "newly-created debt on EPIC properties." The following is a list of the 51 properties purchased by EA 83-XII (viz 12 single-family residences and 39 condominium units) together with the amount of each loan, the value of each property as determined by respondent'sPage: Previous 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 Next
Last modified: May 25, 2011