A months-long legal battle between Rok Lending and Miami developer Marlon Gomez over a foreclosed development site in Aventura appears to be nearing an end after a slew of bankruptcy filings and failed last-minute court maneuvers.
An affiliate of Aventura-based Rok Lending, led by CEO Bryan Morjain, paid $477,800 for the 1.6-acre property at 21291 Northeast 28th Avenue in a foreclosure auction held Sept. 3, court records show. The purchase followed a $19.9 million judgment the lender secured in February against Gomez’s entity, which allegedly defaulted on a $15 million loan issued in 2023.
The Rok Lending affiliate received its certificate of title on Oct. 15, court records show.
The sale came after months of procedural delays stemming from Gomez’s efforts to stave off foreclosure by filing two Chapter 11 petitions — filings that judges have repeatedly described as frivolous and in defiance of court orders.
Gomez hasn’t given up though. His entity filed a notice with the Third District Court of Appeals that it will be filing a petition seeking to reverse the auction and the $19.9 million judgment.
“During this case, we have identified several erroneous factors that we believe will come to light as the appeal progresses,” Gomez stated in an email. “Despite the challenges of today’s market we have financing ready and are actively working to repay the lender to resolve this matter.”
Gomez has run out of time to resolve the debt, Morjain said.
“The borrower defaulted nearly two years ago and has had ample time to refinance our position or sell the property,” Morjain said. “Unfortunately, none of the proposed take-outs materialized.”
Gomez’s first bankruptcy petition in April postponed a planned April 22 auction of the Aventura site, where he has proposed building a 142,000-square-foot medical office building. In May, U.S. Bankruptcy Judge Robert Mark dismissed the case and barred Gomez’s entity from refiling for Chapter 11 protection for 180 days.
Despite the order, Gomez’s company submitted a second bankruptcy petition just minutes before a rescheduled Aug. 4 foreclosure sale, prompting Rok Lending to seek another dismissal in bankruptcy court, and reinstate the auction in Miami-Dade Circuit Court.
In its filings, the lender argued the August bankruptcy petition was void, saying continued delays were causing “immediate and irreparable damage” since the property was underwater and accruing costs.
On Aug. 8, Judge Mark dismissed the second bankruptcy case and issued a stern warning: Gomez, his entity, and their counsel were prohibited from further attempts to delay the foreclosure sale without Rok Lending’s written consent. Days later, Miami-Dade Circuit Court Judge Abby Cynamon reset the auction for Sept. 3, when the Rok affiliate ultimately emerged as the winning bidder.
Even after losing the property, Gomez sought to delay the ownership transfer. He requested that Cynamon vacate the foreclosure sale and delay the transfer of title to Rok Lending. She denied both requests — first on Oct. 7, then again on Oct. 14 — effectively clearing the way for the lender to take full control of the site.
The Aventura site isn’t the only troubled property tied to Gomez. On a separate front, a court-appointed receiver is marketing another distressed asset — a 1.8-acre Miami River development site — with an asking price of $18.1 million. That property, also owned by a Gomez-managed entity, is encumbered by a pending foreclosure lawsuit alleging default on a $10 million loan.
