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NY Post
New York Post
10 Jul 2023


NextImg:NYC Margaritaville owner files for bankruptcy ahead of foreclosure

Some people claim that there’s a woman to blame, but the owner of Margaritaville Times Square claims his lender rigged the auction process.

There’s trouble in paradise at New York City’s branch of the Jimmy Buffet song-themed hotel and restaurant, which was scheduled to hit the auction block Monday as part of an Article 9 foreclosure sale — before the owner filed for bankruptcy on Sunday.

The sale followed Soho Properties chairman Sharif El-Gamal failing to pay a $57 million loan on the 234-room, five-bar complex (which also features Times Square’s only outdoor pool) this March, the Real Deal reported.

The lender, Craig Spencer’s Arden Group, subsequently moved to foreclose, but although notice of the July 10 auction was posted on April 10, El-Gamal claims sale terms and bidding instructions weren’t circulated until more than two months later — one of multiple reasons, the developer’s attorneys argue, the auction is “commercially unreasonable” and should be nullified.

“[Arden’s] intent here is obvious,” states a lawsuit filed by El-Gamal on Wednesday in Manhattan Supreme Court, according to the Real Deal. “It hopes to seize control of the property and benefit from [El-Gamal’s] hard work.”

In addition to belatedly circulating key information, El-Gamal’s legal team alleges prospective bidders are being made to sign nondisclosure agreements, which disallow them from speaking with the developer, and that bidders are required to put down a hefty deposit without clear terms of what will happen to the deposit if the sale is adjourned, the outlet further noted. 

The Times Square “oasis” boasts a rooftop pool.
Stefano Giovannini

margaritaville foreclosure auction

A take on Lady Liberty looks down on diners at one of the hotel’s watering holes.
Stefano Giovannini

margaritaville foreclosure auction

The building takes up a large lot on the corner of 40th Street and Seventh Avenue.
Stefano Giovannini

“It is typical and customary to have a borrower participate in an auction, as it can often be the best outcome for all stakeholders,” the attorneys wrote.

Soho Properties did not immediately return The Post’s request for comment, and Arden Group had no further comment on the matter.

The lender isn’t the only one in a legal tiff with the home of Midtown’s License To Chill bar, which opened to amusingly critical reviews in 2021. A synagogue that operated out of the previous building on the premises accused the developer of making it “homeless” after El-Gamal reneged on a plan to include a kosher kitchen-equipped sanctuary for the temple in Margaritaville.

Margaritaville stands on a large parcel on the corner of 40th Street and Seventh Avenue in Midtown — a site that also once included the Parsons School of Design, whose exterior regularly appeared on the “Project Runway” series in its early seasons.