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05/17/09
Three golf properties on auction block; experts say more to come
Filed under: General, Real Estate
Posted by: Lillian Wong @ 6:02 pm

Three high-profile golf properties in the Phoenix area are facing foreclosure, and more are hanging in the balance.

Snell & Wilmer LLP attorney Craig Williams is the trustee handling Superstition Mountain Golf and Country Club, the Valley’s first major golf property to face foreclosure during this economic recession. He expects more to follow.

“There could be 10 to 20 golf courses on the edge. The number of rounds is declining. Revenues are down, but expenses don’t go down,” Williams said.

Maricopa County has 174 public and private golf courses — more than any other county in the nation, according to the National Golf Foundation, a Florida-based research company. With tourism and recreational spending down, it’s inevitable that the local golf economy will suffer, he said.

Kabuto Arizona Properties LLC recently defaulted on a $65 million loan that was collateralized by the Wigwam Golf Resort & Spa in Litchfield Park and two golf courses surrounding the Arizona Biltmore Resort & Spa. A public auction is scheduled for July 9 on those properties, according to the Maricopa County Recorder’s Office.

The Superstition Mountain property was scheduled for foreclosure auction March 19, but that has been delayed. The lender is Deere Credit Inc. of West Des Moines, Iowa. The borrower on the $18 million loan is Superstition Mountain LLC.

Williams said negotiations are continuing between the parties to resolve the future of the private golf course, which is surrounded by million-dollar homes. Many, but not all private courses are owned and operated by a homeowners asso­ciation.

Home buyers in golf communities need to know what their rights are if a neighboring golf club ends up in foreclosure, he added.

Williams, who represents Deere Credit in the Superstition Mountain case, said golf course foreclosures require added oversight.

“A golf course needs to have a receiver appointed — someone who can be there on a day-to-day basis to keep the course in good condition. This is very high-touch, specialized stuff,” Williams said.

MCA Financial Group of Phoenix was named the receiver for Superstition Mountain. Douglas Wilson Cos. of San Diego is handling the Wigwam and Biltmore properties, according to trustee David Weatherwax of Phoenix law firm Fennemore Craig PC.

Jeff Woolson, senior vice president of golf and resort properties for CB Richard Ellis, said he expects to see more golf properties headed for auction.

“Half of the listings we have right now are foreclosures. Golf properties are in trouble all over the country,” Woolson said.

To compound problems, the three companies best-known for writing loans on golf courses — General Electric Co., Textron Inc. and Capmark Financial Group — have stopped doing so.

“Local banks aren’t lending even if it is a good, healthy club. We’re down to seller financing,” Woolson said.

Although he’s seen a lot of problems with golf courses, especially those in master-planned communities on the fringes of metropolitan areas, the fore­closure involving the Wigwam and Biltmore courses raised his eyebrows.

“I’m a little shocked,” Woolson said.

In the case of the Biltmore courses, used by many guests of the Arizona Biltmore, Woolson suggested it would be a good idea for the hotelier to buy them.

Hilton Hotels, owner of the Biltmore, would not comment on the fore­closures.

The historic Wigwam is owned by Kabuto, though it has been operated by Starwood Hotels and Resorts. The operating agreement will expire May 31 and will not be renewed, a Starwood spokes­person said.

Robyn Nordin Stowell, an attorney with Holme Roberts & Owen LLP who specializes in providing legal counsel to the golf industry, believes the Wigwam can survive if the lender, Citigroup Global Markets Realty Corp., prices it right at auction.

“It’s a very unique property, and the community is dependent on it,” Stowell said. “At the right price, I can see someone operate it at least partially as a historic property and still have a viable strategy to repurpose part of it.”

Williams agreed that someone who could line up financing would benefit from distressed golf course purchases.

“It will be a tremendous opportunity for somebody to acquire these assets at a very reduced price and reposition them. It’s going to happen, but maybe not this year yet,” he said.

Get Connected

Snell & Wilmer LLP: www.swlaw.com

CB Richard Ellis: www.cbre.com

Holme Roberts & Owen LLP: www.hro.com

Phoenix Business Journal - by Jan Buchholz 05.08.09


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