- 5 - In February 1989, Scharlin, Katcher, and Mr. Friedland met for lunch. The three spoke about refinancing Mark was seeking from Chase Manhattan Bank. During the lunch, Mr. Friedland reiterated that UNB would “not get hurt” on the Centrum loans. During 1988 and 1989, CC and CHC consistently were unable to service the Centrum loans. By late 1990, the Centrum loans were nonperforming. At this time, CC and its subsidiaries were experiencing significant financial difficulties. In addition to the amounts owed to UNB, CC owed other creditors in excess of $60 million--the majority of which Mark had guaranteed. These loans were in default, and, in many cases, the properties securing the loans were deeded back to the creditors in lieu of foreclosure. At this time, Mark’s personal guaranty was worthless.2 Around this time, Scharlin placed a call to Mr. Friedland to inform him that the Centrum loans “were in trouble”. Scharlin reminded Mr. Friedland that he had stated that UNB would not lose any money on the Centrum loans and asked Mr. Friedland to “take care of it”. At this time, Mr. Friedland sought advice from his attorney, Aaron Podhurst,3 regarding whether his statements created any legal obligation to UNB on the $2.6 million loan. Mr. Podhurst advised Mr. Friedland that they did not. 2 Ultimately, in February 1995, Mark commenced a bankruptcy proceeding. 3 Mr. Podhurst also was a member of UNB’s board of directors.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011