Company gets in line to redeem claim on ex-golf club
Published 11:17 am Tuesday, December 16, 2008
Minneapolis-based Delinear Concepts LLC filed an official notice with the Freeborn County Recorder’s Office last Friday of its intention to redeem the 100-acre former Albert Lea Golf Club that has been a point of controversy since 2006.
Many residents are sore over the loss of the century-old course when its Des Moines, Iowa-based owners in April 2006 sold it to Lakeville commercial developer Scott LaFavre, a former Albert Lea resident. Others are upset over the eyesore that he has left — an unfinished construction site for what was to be a high-end residential development.
Its sale also kickstarted the city’s intentions to revise its decades-old comprehensive plan, which comes before the Albert Lea Planning Commission tonight. An updated comp plan could have prevented the destruction of a golf course.
The filing on Friday means Delinear Concepts is willing to pay more than $1 million, including interest and taxes, to get the land in its possession.
Almost a year ago, on Dec. 20, 2007, mortgagor American Bank of St. Paul purchased the land during a public auction. LaFavre had delays paying his construction bills and bank loans. The land went up for public auction because of foreclosures against the development totaling more than $1 million.
American Bank made the only bid at the auction of $1,031,522.
After that point, LaFavre had up to a year to redeem the property back for the amount the bank purchased it, plus interest. That deadline is Friday.
LaFavre initially purchased the former 18-hole golf club for the new residential Eagle’s Rest development in May of 2006. In April 2006 he announced his plans to bulldoze the property and build a 120-lot high-end neighborhood. In February of that year, he purchased the Wedge Nursery.
Since then, two notices of foreclosure totaling more than $1 million against the development have been filed in the Freeborn County Recorder’s Office.
The first foreclosure notice, which was for $50,000, was filed July of 2007 and has since been resolved.
Because the second, for $937,500, was not resolved, the land was put up for public auction.
Several other mechanic’s liens have also been placed against the property, and LaFavre’s company Eagle’s Rest Tree Farms, which owns tree nurseries in Freeborn County and Rice County, declared bankruptcy in September in U.S. Bankruptcy Court in St. Paul.
An equitable mortgage was confirmed and adjudicated by the Freeborn County District Court in favor of Delinear Concepts in three judgments, two of which were dated this past June. They were filed in the Freeborn County Recorder’s Office last Friday.
One ordered Delinear Concepts a mortgage in favor of Delinear Concepts and against the property in the amount of about $506,000, which included a base amount of $472,000 plus attorneys’ fees and other costs.
An order for summary judgment — also signed in June but filed in the Recorder’s Office last Friday — states that as of May 17, 2006, Delinear Concepts possessed an equitable mortgage and lien against land. On Jan. 19, 2007, Delinear Concepts registered a lawsuit against the property.
It continues, “The interests, if any, if all other parties to this action, except American Bank’s interest pursuant to sheriff’s certificate dated Dec. 20, 2007, and registered Dec. 20, 2007, as Document No. 109596 by the Freeborn County Registrar of Titles, are junior to and subject to Delinear Concepts LLC’s mortgage in the amount of $472,000 plus attorneys’ fees, costs and disbursements.”
In short, it’s about being in line. This puts Delinear Concepts right behind American Bank. If the company redeems the land, then any other company behind it will not have an opportunity to do so.
The land sits unresolved until Friday, the one-year deadline from the public auction.