The mortgage holder for what is commonly known as the Blacksmith Shop in the Cobblestone District has started foreclosure proceedings against owner Daryl Carr. BPRSF, LLC is seeking to prevent Carr from further neglecting the properties at 110 South Park Avenue and 23 Illinois Street in a filing in Supreme Court dated May 28, 2014. The properties are located in the Cobblestone Historic District, established in 1993 by the Buffalo Preservation Board and the district is on the National Register of Historic Places.
The building located at the intersection of Illinois and South Park dates from 1869 and is notable as a rare example of antebellum commercial architecture which was adopted for manufacturing during the early 20th century. Several of its industrial tenants were part of the marine service and repair industry which has a long association with this immediate area of Buffalo (more history here, here, and here).
On October 17, 2008, James and Mary Ann Downing loaned Carr $470,000 and Carr executed a promissory note in the same amount secured by a mortgage upon the premises. In July 2013, BPRSF was assigned the mortgage by the Downings.
The foreclosure action alleges Carr intends to demolish the properties in order to construct a parking lot for his adjacent Cobblestone Bar and has been purposely neglecting and damaging the properties in order to obtain a Demolition Order from the City.
From the court documents, the “foreclosure action was instituted because of, but not limited to, (A) Carr’s purposeful neglect and damage of the Mortgage Premises, (B) Carr’s failure to keep the Mortgaged Premises in ‘reasonably good repair,’ (C) Carr’s failure to cure ‘any legal violation concerning the Property’ pursuant to the Note and Mortgage.”
The filing says Carr has been in default since 2011 when he petitioned the Buffalo Housing Court for a demolition order.
BPRSF is seeking a Receiver for the properties that can make emergency repairs: “To prevent Carr from “continuing to neglect the Mortgaged Premises, and to protect it from failing further into disrepair, it is respectfully submitted that the Court appoint a Temporary Receiver to manage the Mortgaged Properties, commence emergency repairs, and correct all violations so that the Mortgaged Premises are kept in good repair throughout this foreclosure action.”
A court date has not been set.