Voya Financial files $60M pre-foreclosure at retail in Greenwich Village

Voya Financial through the entity Voya Retirement Insurance And Annuity Company filed a $60 million pre-foreclosure action alleging the debt secured by three retail condominium units in Greenwich Village, which the entity Uniway Partners, in care of Rose Associates, owns, was in a payment default. The Rose Associates affiliate borrowed $60 million in 2014 from AXA Equitable Life Insurance Company, which is now known as Equitable Holdings. Equitable assigned the loan on March 21, 2025, to Voya Financial’s entity. The addresses are 769 Broadway, 21 University Place, and 40 East 9th Street.

A spokesperson for Rose Associates said in an email, “Rose Associates doesn’t own that property and is not a party to the loan foreclosure.”

Case LINK
Court filings represent the position of one party and are not necessarily accurate or complete. An unusual feature of this pre-foreclosure filing is that the lender alleges the borrower has only missed the September 1, 2025, payment. Typically, lenders allege multiple months of default or multiple types of default. In addition, the documents do not include any notices to the borrower of the default, which most lenders include in a pre-foreclosure filing.

The lender alleges a payment default for the loan originated with $60 million in 2014 and secured by three retail condominium units that have a total of 115,475 square feet. The unpaid principal balance is: $56,468,255.48, according to the complaint.

“Borrower defaulted under the Loan Documents by, among other things, failing and omitting to make the required payment when due on September 1, 2025, and each and every subsequent payment thereafter…”

The retail condo units are all on block 560 and are lots 1202, 1002 and 1002: 769 Broadway, also known as 60 East 9th Street, through lot 1202, unit 2 Commercial 48,756 square feet, see page 27; 21 University Place through lot 1002, unit 2 Commercial 44,000 square feet, see page 27; and 40 East 9th Street, through lot 1102, unit 2 Commercial 22,719 square feet, see page 28.

Adam R. Rose is listed as guarantor for the loan given in 2014, but news articles from 2020 say he left the real estate business, which is headed by his cousin and company CEO, Amy Rose.

The property

The property lot 1002 in Greenwich Village has 44,000 square feet of built space according to a PincusCo analysis of city data. PincusCo cannot determine the lot area of the 49 East 8 Street parcel at this time. The city-designated market value for the property in 2022 is $21.1 million.

The property, lot 1102 in Greenwich Village has 22,719 square feet of built space according to a PincusCo analysis of city data. PincusCo cannot determine the lot area of the 61 East 8 Street parcel at this time. The city-designated market value for the property in 2022 is $9.7 million.

The property, lot 1202 in Greenwich Village has 48,756 square feet of built space according to a PincusCo analysis of city data. PincusCo cannot determine the lot area of the 769 Broadway parcel at this time. The city-designated market value for the property in 2022 is $32.1 million.

Direct link to the property’s 1202 ACRIS page
Direct link to the property’s 1002 ACRIS page
Direct link to the property’s 1102 ACRIS page
and link to DOB NOW portal.