KOIN Center History: The Paul Principle

One of the largest commercial real estate transactions in Portland history was completed at the end of December 2009 when American Pacific International Capital purchased the office portion of KOIN Center. The KOIN Center is Portland’s ninth largest office building with 415,425 square feet and its largest mixed-use project in a single building. While terms of the deal have not been revealed, the Oregonian reported that the sale price was between $50 and $60 million. This is approximately half of the $109 million that the California Public Employees Pension System (CalPERS) paid for the same property in 2007, and less than the $70 million loan which encumbered it.

After CalPERS defaulted on the loan, the mortgage holder, New York Life Insurance Inc. sued to take control of the building and completed the transaction with APIC. Calpers and CommonWealth Partners LLC were joint owners of the office portion of the building and decided to submit a deed in lieu of foreclosure after Ater Wynne LLP vacated 50,000 square feet in the building, relocating to the Lovejoy Building, a mixed-use complex in the Pearl District that also houses a new Safeway and rental apartments. The story of the KOIN Center’s development and transitions, with its colorful cast of characters, makes instructive reading for students of Portland’s urban development history.

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Washington Supreme Court Raises the Bar for Establishing Boundary by Acquiescence

When a boundary line dispute arises between neighboring property owners, one claim that is commonly asserted—along with adverse possession, estoppel in pais, and a few other legal bases for boundary adjustment—is "mutual recognition and acquiescence" in a common boundary. A recent opinion from the Washington Supreme Court (Merriman v. Cokeley) has refined the standard that Washington courts will apply in determining whether a party can establish title under this doctrine.

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Legislation to affect lending

Authored by: John Benazzi

As published in The Daily Journal of Commerce

The 2010 special session of the Oregon Legislature resulted in two bills that will impact real estate lending in Oregon. Both came out of the Committee on Consumer Protection and Governmental Accountability and are intended to address consumer protection problems that have arisen during the mortgage crisis.

HB 3656, signed by Gov. Ted Kulongoski on March 10 and now in effect, is designed to protect borrowers of “80/20″ residential loans from deficiency judgments on their “20″ loan after foreclosure of the “80″ loan.

HB 3706, passed by the state House and Senate on Feb. 10, will extend the application of Oregon’s Unfair Trade Practices Act to mortgage banks and other institutions that extend credit and allow consumers and the state to sue lenders for unfair and deceptive dealings. HB 3706 is awaiting the governor’s signature. (read full DJC article)