The lending arm of the Rok family is accusing Miami-based developer Marlon Gomez of delaying the court sale of an Aventura site by allegedly filing frivolous bankruptcy petitions.
An affiliate of Aventura-based Rok Lending, led by CEO Bryan Morjain, is seeking to immediately reschedule an Aug. 4 foreclosure auction. It was canceled due to Gomez’s entity that owns the 1.6-acre property at 21291 Northeast 28th Avenue filing for bankruptcy protection, court records show.
In February, Rok Lending’s affiliate won a final judgment of $19.9 million against Gomez’s entity, which allegedly defaulted on a $15 million loan issued in 2023.
In an emailed statement, Gomez said his entity and Rok Lending have worked out a resolution. “We have reached agreement with Rok on a deal that works for both of us,” Gomez said. “We have our refinancing in process, look forward to paying off our loan and restarting an excellent project.”
Representatives and attorneys for Rok Lending did not respond to requests for comment.
Gomez’s entity filed two Chapter 11 bankruptcy petitions in the past four months in order to stall the court sale of the property, where Gomez is planning a 142,000-square-foot medical office building, according to filings by Rok Lending’s affiliate in Miami-Dade Circuit Court and Miami federal bankruptcy court.
The Aventura development site was first scheduled to be sold at an auction on April 22. But Gomez’s entity filed for Chapter 11 protection the day before, which stayed the foreclosure proceedings, court records show. On May 20, U.S. Bankruptcy Judge Robert Mark dismissed the petition and restricted Gomez’s entity from refiling for Chapter 11 protection for a period of 180 days, according to filings in bankruptcy court.
However, Gomez’s entity filed a second Chapter 11 petition “just minutes before the rescheduled [Aug. 4] foreclosure sale,” a Rok Lending motion states. The petition lists assets between $10 million and $50 million and liabilities in the same amounts. Rok Lending alleges that the second bankruptcy petition is void due to the 180-day prohibition.
“To be clear, the damage to [Rok Lending’s] interests require emergent relief,” the motion states. “This property is underwater and every day that [Rok Lending’s] realization on its collateral is delayed results in immediate and irreparable damage.”
The Aventura site is not the only property tied to Gomez that is facing foreclosure. A court-appointed receiver is listing a distressed 1.8-acre Miami River development site for $18.1 million that is owned by a Gomez-managed entity. Karson & Co and The Porosoff Group, the brokerages marketing the Miami River property, have set an Aug. 20 deadline to receive offers.The site is subject to a pending foreclosure lawsuit filed in March by a lender alleging Gomez’s entity defaulted on a $10 million loan.
