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Articles Posted in FINRA Arbitration

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Investors in private placement securities sold by brokerage firm Herbert J Sims & Co., a/k/a HJ Sims may have potential arbitration claims, if their investment was recommended by a financial advisor who lacked a reasonable basis for the recommendation, or if the nature of the investment was misrepresented by the stockbroker or advisor.

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HJ Sims has reportedly offered to investors a number of private placement investments that the firm itself structures and establishes.  These so called Regulation D private or “Reg D” private placement offerings sold by HJ Sims have reportedly totaled about $2.2B billion in principal value sold.  Reportedly HJ Sims sold 84 separate private placements.  Some of the private placements sold by HJ Sims are the following: 

  • Fountains Acquisition Finance
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Investors in Sila Realty Trust Inc. (“Sila”), a publicly registered, non-traded real estate investment trust (formerly known as Carter Validus Mission Critical REIT II) may have FINRA arbitration claims, if their investment was recommended by a financial advisor who lacked a reasonable basis for the recommendation, or if the nature of the investment was misrepresented by the stockbroker or advisor.

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Sila is a net lease real estate investment trust with a focus on healthcare assets.  Sila recently reported that it has received approval to list its common stock on the New York Stock Exchange with trading expected to commence on the NYSE on June 13, 2024, under the ticker symbol “SILA.”

Sila  merged with another REIT known as with Carter Validus Mission Critical REIT Inc. in late 2019.   As of 2021, Sila reportedly owned 153 real estate properties, consisting of 29 data centers and 124 healthcare properties located in 70 markets across the United States with a total purchase price of approximately $3.2 billion, including capital expenditures on development properties placed into service.  Sila was incorporated on January 11, 2013 as a Maryland corporation that elected to be taxed as a real estate investment trust (REIT).

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Investors in American Healthcare REIT (as referred to below as “AHR”) may have FINRA arbitration claims, if their initial investment in Griffin-American Healthcare REIT III, Griffin-American Healthcare REIT IV, or American Healthcare Investors was recommended by a financial advisor who lacked a reasonable basis for the recommendation, or if the nature of the investment was misrepresented by the stockbroker or advisor.

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AHR, a non-traded real estate investment trust formed by the 2021 merger of Griffin-American Healthcare REIT III, Griffin-American Healthcare REIT IV, and American Healthcare Investors, is reportedly seeking to raise about $700 million in an initial public offering of its shares, as reported by Bloomberg.  If the plan moves forward, AHR would sell newly issued shares to the public and its existing shares would also later become tradeable on the New York stock Exchange under the ticker symbol “AHR”.

AHR acquires, owns, and operates a portfolio of properties such as medical office buildings, senior housing, skilled nursing facilities and hospitals, according to public filings with the Securities and Exchange Commission. It reportedly owns nearly 300 properties in states including Indiana, Michigan, Missouri, Ohio and Texas, and values its assets at about $4.6 billion as of Sept. 30, 2023.

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Investors in Lodging Fund REIT III Inc. (referred to below as referred to below as “Lodging Fund III”) may have FINRA arbitration claims, if their investment was recommended by a financial advisor who lacked a reasonable basis for the recommendation, or if the nature of the investment was misrepresented by the stockbroker or advisor.

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When it was established in 2018, Lodging Fund III offered $100 million in common stock to investors, reportedly raising $75.3 million in proceeds from sales of stock as of the last quarter of 2020,  Lodging Fund REIT III is a Maryland corporation and focuses on holding a diversified portfolio of select service, limited service and extended stay hotels located in the heartland of America.   According to a filing with the Securities and Exchange Commission (“SEC”) by Lodging Fund III, the non-traded REIT has a diversified portfolio that includes “limited service, select service, and extended stay hospitality properties” in the geographic area stretching from the Rockies to the Appalachian Mountains and from Texas to North Dakota.

In a filing with the SEC in late 2023, Lodging Fund III reported that its board of directors had both dismissed Deloitte & Touche LLP (Deloitte) and appointed Marcum LLP to serve as its independent public accounting firm as of October 24, 2023.  Deloitte had served as the REIT’s audit firm for 2020 and 2021 and provided clean audit opinions of the REIT’s financial statements in each year. Concurrent with its dismissal, Deloitte filed a letter with the SEC stating that it had no disagreements with the REIT related to its financial statements, disclosures, practices, or accounting principles.

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Investors in  CIM Real Estate Finance Trust Inc. (referred to below as referred to below as “CIM REIT ”) may have FINRA arbitration claims, if their investment was recommended by a financial advisor who lacked a reasonable basis for the recommendation, or if the nature of the investment was misrepresented by the stockbroker or advisor.

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CIM REIT, originally sold as  Cole Credit Property Trust IV, originally sold shares to the public for $10 each. Since then, the price of the REIT shares has decreased, reaching an estimated net asset value (NAV) per share of $7.77 as of December 31, 2019 and declining even further at later dates.

Now, an Israel-based investment fund, has made a filing with the Securities and Exchange Commission (“SEC”) to launch an unsolicited tender offer to purchase shares of CIM REIT a publicly registered non-traded real estate investment trust.  The fund previously made a filing with the SEC in April 2023 to launch an unsolicited tender offer. The previous offer included the purchase of up to 22 million shares of CIM Real Estate Finance Trust Inc. for $4.57 per share.  The fund’s current offer is to purchase up to 22 million shares of common stock at a an even lower purchase price equal to $4.21 per share.

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Investors in Lightstone Value Plus REIT IV, Inc. (sometimes referred to below as “Lightstone IV””) may have FINRA arbitration claims, if their investment was recommended by a financial advisor who lacked a reasonable basis for the recommendation, or if the nature of the investment was misrepresented by the stockbroker or advisor.

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Lightstone IV, formerly known as Lightstone Real Estate Income Trust, Inc., changed names on September 15, 2021.  Lightstone IV, a public, non-traded REIT, reportedly focuses on investing in debt obligations that finance development or redevelopment opportunities, originate mezzanine loans or preferred equity investments in development projects, and participates in loan portfolios with third parties.

According to data from secondary sales websites, shares of the REIT have been listed for sale at prices between $3.40 and $4.00 a share.  Shares were originally sold for $10 per share. According to filings on March 18, 2022, the board of directors approved an estimated value per share of $8.58 per share based on assets less the estimated value of liabilities divided by the number of shares outstanding.

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Investors in Sila Realty Trust Inc. (formerly known as Carter Validus Mission Critical REIT II and referred to below as referred to below as “Sila REIT ”) may have FINRA arbitration claims, if their investment was recommended by a financial advisor who lacked a reasonable basis for the recommendation, or if the nature of the investment was misrepresented by the stockbroker or advisor.

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Sila REIT, a non-traded, publicly registered REIT, invests in data centers and healthcare facilities, according to its website. The company changed its name from Carter Validus Mission Critical REIT II to Sila on September 30, 2020.

In June, 2023, Sila announced that GenesisCare USA Inc., one of the REIT’s tenants, filed for Chapter 11 bankruptcy protection.  GenesisCare’s lease obligations with Sila have reportedly not been included in any motions GenesisCare has filed, and Sila reports that GenesisCare has met its lease payment obligations due to the company through May 2023.

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Investors in Moody National REIT II (sometimes referred to below as “Moody REIT II”) may have FINRA arbitration claims, if their investment was recommended by a financial advisor who lacked a reasonable basis for the recommendation, or if the nature of the investment was misrepresented by the stockbroker or advisor.

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In August 2023, an Israel-based investment fund has reportedly extended an offer to purchase up to 675,000 shares of Class A common stock and up to 25,000 shares of Class T common stock of the company at a price of $10.86 per share. Moody REIT II officially estimated that its net asset value (NAV) per share is $19.45 as of December 31, 2022.  In October 2023, another tender offer for $11.57 a share was announced.

Shares of Moody REIT II were originally offered to public investors by brokers for $25 per share, but shares have reportedly sold in 2023 for as low as $6.60 per share in the limited secondary market.    In April 2020, Moody REIT II reportedly terminated its IPO and suspended its offering, distributions, and share repurchase program.  By anyone’s calculation, it appears that investors in Moody REIT II have incurred losses of principal.

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Investors in Silver Star Properties REIT Inc. (“Silver Star”, formerly known as Hartman Short Term Properties XX Inc.), may have FINRA arbitration claims, if their investment was recommended by a financial advisor who lacked a reasonable basis for the recommendation, or if the nature of the investment was misrepresented by the stockbroker or advisor.

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Silver Star announced earlier this month that Hartman SPE LLC, an indirect subsidiary that owns legacy office, retail and industrial properties, filed a voluntary petition under Chapter 11 of the U.S. Bankruptcy Code.

The bankruptcy filing comes after what Silver Star calls “failed efforts” to negotiate with Hartman vREIT XXI Inc. which is under the control of Allen Hartman.  Allen Hartman was recently named interim chief financial officer of Hartman vREIT XXI.

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Investors in American Healthcare REIT Inc. (sometimes referred to below as “AHR”) may have FINRA arbitration claims, if their investment was recommended by a financial advisor who lacked a reasonable basis for the recommendation, or if the nature of the investment was misrepresented by the stockbroker or advisor.

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Shares in the American Healthcare REIT were recently the subject of a mini tender offer to purchase Class T and Class I common sharers of the REIT for $8.50 per share, which equates to $2.13 a share after accounting for the November 2022 four-for-one reverse stock split in AHR shares.  AHR’s Board of Directors announced it was neutral concerning these  unsolicited offers.

Despite this neutrality, the tender offer is for a per share consideration far below AHR’s published estimated net asset value (NAV) per share of $31.40 as of December 31, 2022.

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