Mark Nussbaum Shuts Down Law firm
The abrupt shuttering comes amid allegations the lawyer,
known as a go-to attorney for Lakewood & Brooklyn real estate investors,
refused to hand over escrow funds. And filings obtained by The Real Deal show
previously unreported links between the Nussbaum Lowinger LLP founder &
late Borough Park investor Mendel Steiner.
Steiner died last week at age 33 sending shockwaves through the close-knit
Orthodox Jewish community. Steiner in his brief real estate career amassed
1000s of apts throughout the country.
Steiner struggled in recent years financially & faced at least one
foreclosure in Florida where he took on a high-interest loan.
Rumors took off about Steiner’s sudden death. The Promote newsletter wrote that
a lawsuit filed last week against Nussbaum was “important context to understand
Steiner,” citing community sources.
“It has been a pleasure & privilege to work with you & serve as your
counsel over the years,” said Nussbaum in an email to clients. “I value the
connections we made & relationships we formed & justifiably proud of
transactions we consummated & closed together.”
Nussbaum said the firm retained counsel, Ethan Kobre of Schwartz Sladkus Reich
Greenberg Atlas, to represent it in the wind-down. Anyone who had funds in the
firm’s escrow account can contact Kobre, according to the email.
Scandalous conspiracy theories
The lawsuit filed in Rockland County by an entity connected to nursing home
manager Jacob Sod alleges Nussbaum failed to hand over $15 million in escrow.
The lender alleges the money was used by Nussbaum to “show capital” to evidence
purchasing power.
“Mr. Nussbaum prefers not to comment on ongoing litigation,” said Kobre in a
statement to TRD.
Nussbaum responded this week to the lawsuit arguing the plaintiff is suing the
wrong party. His response suggests the proper party is the borrower, a Delaware
company Georgetown Residents. Nussbaum was just the person who acted as
signatory on documents, according to his filing.
Nussbaum called Sod’s complaint a “confused mess of scandalous conspiracy
theories” in his legal filing.
TRD found that Georgetown Residents LLC has a direct tie to Steiner by digging
through corporate records & lawsuits. Georgetown Residents’ Borough Park
business address is used by Aven Realty. Florida records list Steiner as the
authorized person for Aven.
Aven is one firm used by Steiner’s real estate ventures. Georgetown Residents
LLC is tied to a rental property in Lafayette, Indiana, owned by Steiner.
The full connection between Steiner & Nussbaum is unclear. According to
Nussbaum’s response to the lawsuit, Steiner-linked Georgetown Residents were
the recipients of the $15 million. The purpose of the loan was for “transacting
business.”
Nussbaum alleges his law firms, Nussbaum Lowinger & Mark J. Nussbaum
Associates, have no obligations under the loan documents.
Nussbaum’s name appeared in deals with dealmakers such as Shaya Prager’s Opal
Holdings, Joel Schreiber, Moshe Silber & Yoel Goldman.
Nussbaum is battling another lawsuit in NY Supreme Court alleging his firm,
Nussbaum Lowinger, hindered collection of a judgment in Florida. He has not yet
responded to that lawsuit.
Mark Nussbaum refuses to hand over escrow money, lawsuit
claims
Below the previous article
Attorney who plays an unusual role in
Lakewood, NJ real estate hit with two lawsuits for his escrow account business
Mark Nussbaum Sued Over Escrow Accounts
Mark Nussbaum, a go-to attorney for Lakewood, New Jersey, and Brooklyn real
estate investors, is facing two lawsuits related to his dealings with escrow
accounts.
The lawsuits provide more insight into Nussbaum’s unique role in real estate.
The attorney’s name has shown up in acquisitions, plans, and loans, involving
embattled dealmakers such as Shaya Prager’s Opal Holdings, Joel Schreiber,
Moshe Silber, and Yoel Goldman.
Nussbaum often holds money in escrow accounts and then lends the money out as
bridge loans, according to sources familiar with the matter. He then collects a
point or two of interest on the loans.
Two civil lawsuits filed this week in New York State Supreme Court suggest that
Nussbaum is facing issues with his escrow business. Both lawsuits were filed
this week within a day of each other and are seeking to collect millions from
Nussbaum.
Nussbaum did not return a request to comment.
Show time
In one lawsuit, Crestview 360 Holdings is looking to collect $15 million.
Nussbaum sought financing from Crestview in the form of “show capital” to
evidence purchasing power, according to the lawsuit.
Crestview alleges it loaned Nussbaum $15 million because of the relationship
between the two parties on the condition that the funds sit in an escrow
account. But Nussbaum failed to return the money by the required date.
Crestview alleges Nussbaum and his law firms — Nussbaum Lowinger and Mark J.
Nussbaum — failed to maintain sufficient account balances to satisfy their
obligations as an escrow agent. It further alleges Nussbaum frequently
transfers funds between the accounts to satisfy balance requirements or “for
some other reason.”
Crestview, which Florida corporate records show ties to Jacob Sod of Lawrence,
New York, is seeking a court injunction to restrain Nussbaum from withdrawing
or disbursing any funds from any checking, escrow or operating account.
Wires crossed
Another lawsuit filed on Thursday is more convoluted.
The entity Mount Dora is suing Nussbaum Lowinger over fraudulent transfers
allegedly made to prevent it from collecting on a judgment.
In 2022, Mount Dora was awarded a $6.15 million judgment against Timothy Majors
and Hobart Investments in Florida. The entity has been seeking to collect on
that $2.9 million from that judgment.
The lawsuit alleges Majors was involved in the sale of properties in Bradenton
and Daytona Beach, Florida, to Dr. Harry Nyanteh and an affiliate of Lakewood
investor Chaim Bialostozky in 2022.
Nussbaum initially provided escrow services for Nyanteh.
Nyanteh and his affiliates showed the escrow money to mortgage lenders as proof
of funds for a down payment so he could buy the Florida properties, the lawsuit
alleges.
In August of 2022, Nussbaum allegedly wired over $1.3 million in funds to
Lakewood-based title company, Iconic Title, to fund Nyanteh’s down payment.
But the proceeds of the sale between Nyanteh and Majors were diverted to
another Lakewood business instead of going to Majors.
According to the lawsuit, Iconic sent money to Keystone Direct Funding, an
entity owned by Pearl Stendig. Iconic’s Yossi Rzepkowicz allegedly assisted in
that transaction.
Stendig then diverted over $1 million million back to Nussbaum, according to
the lawsuit.
Mount Dora claims Nussbaum, Majors and Bialostozky, worked to conceal the
disbursement of proceeds on this transaction because Mount Dora had an
outstanding judgment
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