In the wake of the project losing FHA certification, the lender is quietly booting ‘lease purchasers’ out of the building who have no intention of consummating a purchase. Why? It’s simple. Under HUD’s revised rules, a condo development must be at least 50% owner occupied in addition to at least 30% sold or under contract in order to attain FHA certification. A ‘lease purchase’ is not deemed to be a purchase contract, thus, they are all viewed as rental contracts until a purchase is consummated.
One must also keep in mind that these revised FHA certification rules have only been temporarily lowered until the end of 2010. Beginning in January 2011, the rules are expected to revert back to a minimum of 50% of condos under contract or closed and the maximum number of FHA backed loans capped at 30% of the total units in the development. The percentage of owner occupants is also expected to revert back to the 70% range. This could be potentially damning for a condo buying public that has become addicted to 3.5% downtown payment market rate mortgages.
Losing residents in the project is not good news for Allium or Otters Chicken, the two anchor tenants in 5th and Main who are already battling the stigma of being located in a condo project that has gone into receivership. In fact, I would imagine it would feel a little like being married to Ike Turner or substituting yourself as Mike Tyson’s speed bag in the 80’s. Both restaurants have persevered admirably, but I have to wonder when the haymaker will land.
The Future of 5th and Main Condos
As bad as it looks now, the ambient condo prices are simply declining, which is actually very good news for those buyers who have been patiently waiting for a well priced condo in a good location. Unfortunately, a few of the more eager beavers who did purchase will get burned, but the vast majority of buyers will most likely secure a very marketable price. This is not a horrible result for the macro Nashville condo market. The worse result or factor is a stagnating inventory or looming shadow inventory, both of which would be greatly diminished by an onslaught of discounted owner-occupant purchasers in the 5th and Main condo project.
What is 5th and Main in Nashville?
The 5th and Main project consists of a 6 story, 113 condo midrise coupled with 11 separate townhomes located on Main Street at the gateway to East Nashville. There is also nearly 20,000 square feet of retail space on the ground floor as well as 10,000 square feet of office space on the second floor. According to their website, “Fifth & Main offers uniquely modern homes featuring a spectacular blend of exterior resources. A vibrantly colored brick combined with Trespa paneling and expansive glass windows create an enduring streetscape with contemporary flair.”
The original developer for the project was The Home Co., a subsidiary of Affordable Housing Resources, a Nashville based organization that builds low-income housing. The project architect is EOA Architects and the contractor is Solomon Builders, both Nashville based businesses.
When 5th and Main fell into receivership in February 2009, its developers had a $36 million outstanding construction loan according to Eddie Latimer, CEO of Affordable Housing Resources. Both EOA Architects and Solomon Builders were owed fees in addition to 5 other subcontractors that have since been settled.


July 7, 2010, 2:32 pm
Grant, Any more news on this?
July 7, 2010, 4:09 pm
Jason, there is no hard news at the moment, only what I can surmise from actions. Based on the lack of new sales effort, lack of TI money for new commercial leases, lack of FHA approval and complete lack of news in the media, I would say that Wachovia Bank is about to foreclose on the development and attempt to sell as a whole to a new entity. It would be a lot like what happened with Rolling Mill Hill. Again, this is just me reading the tea leaves, but I cannot foresee any other result given the current state of the project.
July 9, 2010, 2:58 pm
Well… that would be a shame as I just bought a unit there. It's a great building, I think it's been hindered because the sales team is absolutely terrible.
February 8, 2011, 10:17 pm
Grant, what’s going on with Fifth and Main? Boult Cummings is sending a letter to owners in Fifth and Main notifying them that a foreclosure sale will take place on 02/25/2011. Will this be a chance to get a good deal on a condo….finally??
February 8, 2011, 10:34 pm
Please tell me that this foreclosure will actually lead to some reasonable condo prices….and I don’t mean reasonable according to the real estate agent showing you the property! I would love to live in a number of these properties (velocity / fifth) but prices have never made sense. Still can’t believe people have purchased places in Icon and Encore and especially Terrazzo given the absurd prices and monthly fees.
February 10, 2011, 3:30 am
As one of the first original owners I guess by now I can only find it humorous that my building is going into foreclosure and being auctioned off with no letter or notice to me!! It’s so frustrating to own a condo and pay HOA dues and know absolutely nothing about your buildings current status or finances!??? Oh well for “living the dream” as a first time homeowner…
February 14, 2011, 8:38 pm
Yeah, I’m another owner in the building. I only knew about this because I an article in the Tennessean. We’ll see what happens when the building is sold, it’s being auctioned off in two pieces – commercial and residential.
February 15, 2011, 12:34 am
From what I have been able to gather, the entire project is actually already sold and the foreclosure is simply a part of the new buyer’s demands. There are quite a few contractor liens on the property and it would seem reasonable that the new buyer would want those cleared prior to executing a purchase. From what limited information there is, the buyer appears to be from Chicago and will be converting the remaining condos into multi-family. It appears as though the transaction is set to occur at the end of February 2011.
February 15, 2011, 12:37 am
Unfortunately not. It appears as though the entire project is under contract with a large multi-family group from Chicago. It appears as though the foreclosure is a simple formality as part of the new buyer’s demands. I am sure they have a local operating partner, but have not been able to identify who that group is in Nashville.
February 15, 2011, 4:56 pm
Thanks for the heads-up, the owners have less information. By multi-family do you mean apartments? How does this effect the owners? I know the retail space will be in a separate transaction.
February 15, 2011, 8:15 pm
Yes, apartments.
February 22, 2011, 4:11 am
I am now hearing that the Chicago group, ACG Equities, may not be converting to apartment and may continue to sell the units as condos. They did a similar project in Atlanta called Vinings Main in this manner.
February 22, 2011, 4:34 pm
Unless they overpay I think they’ll get em for $85 a foot and sell em for $140-150 a foot.
February 25, 2011, 11:52 pm
I received a notice on my door today, 5th and Main has a new property management company. Rather than Freemanweb, it’s now going to be a company called Homeowners Advantage.
March 19, 2011, 1:45 pm
This condo has some issues. The price being offered to us renters is not attractive. It is the price it was about 2 years ago. If the new buyers think they are going to come in, clean the windows, sweep the garage, set up a new model and sell these units at the price they are asking for, maybe they have a crystal ball and have looked into the future. It seems the new buyers from Chicago have not done their due diligence. Yes they are booting out us renters. Good people live here. A year from now, 5th and Main will be leasing again.
March 19, 2011, 2:50 pm
Borojon – what are the for sale prices ACG is offering the current renters?
March 19, 2011, 2:50 pm
Borojon – what are the for sale prices ACG is offering the current renters?
December 30, 2011, 9:04 am