IP of a West 86th Street 1, LLC v. Morgan Stanley Mortgage Capital Holdings, LLC
Court of Appeals for the Seventh Circuit
1Opinion of the Court
FLAUM, Circuit Judge.
In this case, twenty limited liability companies (“the Investors”) joined together to invest in property in Indiana. Needing a loan to finance their purchase, they formed a distinct limited liability company, IP of A Fund Manager, LLC (“IPA Fund Manager”), and vested in that entity the authority to negotiate and execute a loan on their behalf with Morgan Stanley Mortgage Capital Holdings, LLC (“Morgan Stanley”). They named Edward Okun as Manager of IPA Fund Manager. Okun executed a loan, mortgage, and reserve security agreement with Morgan Stanley.
IPA Fund Manager, under…
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