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Chay Lapin of FNEX Capital: $8.6 Million NP Skyloft DST Complaint

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Updated on: April 25, 2023

Nelson Partners Skyloft (NP Skyloft DST) Investment Losses? KlaymanToskes Has Recovery Options

National investment loss lawyers KlaymanToskes is investigating Chay Lapin (CRD# 6275140) of FNEX Capital following the filing of six customer complaints against the Indianapolis, Indiana-based stockbroker. Lapin’s complaints collectively allege $8,632,224.96 in damages due to unsuitable investment recommendations in NP Skyloft DST. 

Nelson Partners Skyloft (NP Skyloft DST) is an illiquid real estate private placement investment. Private placements are high-risk investments for investors, as they are not bound to the same disclosure requirements as public investment offerings. According to its Form D SEC filing, Nelson Partners raised over $75 million from investors in order to fund its luxury student housing complex located near the University of Texas in Austin, TX.

Nelson Partners Skyloft recently failed to uphold the terms of its $35 million loan with Axonic Capital, causing Axonic to sell NP Skyloft’s student-housing investment property. NP Skyloft DST has suspended its monthly payments to investors. Brokerage firms and their financial advisors are required to conduct due diligence on financial products before offering them to investors.

KlaymanToskes believes that the brokerage/investment advisory firms that sold NP Skyloft were negligent in failing to investigate the preferred equity loan disclosed in the offering documents. Such failures leave brokerage firms liable in FINRA arbitration claims.

Investors that suffered losses in Nelson Partners Skyloft (NP Skyloft DST) with Chay Lapin and/or any other stockbroker should immediately contact attorney Lawrence L. Klayman at 888-997-9956 or lklayman@klaymantoskes.com to discuss their recovery options.

Chay Lapin: $8.6 Million in NP Skyloft DST Investor Complaints

Chay Lapin FNEX Capital Losses

Chay Lapin is currently the President of Kay Properties & Investments, which is a “national Delaware Statutory Trust firm providing expert knowledge involving 1031 exchanges, DST properties, and more” according to its website.

Lapin is currently registered as a broker with FNEX Capital, LLC in Indianapolis, IN. He was previously registered at Wealthforge Securities from 2017 to 2020 and with Growth Capital Services from 2020 to 2022, in Torrance, CA. 

According to FINRA BrokerCheck Chay Lapin has five pending customer complaints and one complaint which was denied by the firm. Lapin’s pending complaints collectively allege $8,632,224.96 in damages due to unsuitable investment recommendations in NP Skyloft DST:

  • Filed March 7th 2023: Customer alleges Chay Lapin and Wealthforge Securities failed to conduct a reasonable due diligence on NP Skyloft DST, misrepresented this investment and failed to disclose material facts concerning this investment to claimants.
    (Pending –
    No damage amount specified)

  • Filed February 23rd 2023: Customers allege Chay Lapin and Wealthforge Securities failed to conduct reasonable due diligence on NP Skyloft DST, misrepresented the investment, failed to disclose material facts concerning the investment, failed to supervise, and breached their fiduciary duty.
    (Pending – $200,050)

  • Filed February 14th, 2023: Customer alleges failure to conduct reasonable due diligence, negligence, failure to make material disclosures, failure to conduct suitability, failure to supervise, misrepresentation and omissions, breach of contract, and breach of fiduciary duty. Customer further alleges Chay Lapin and Wealthforge Securities failed to conduct reasonable due diligence on NP Skyloft DST, misrepresented the investment, and failed to disclose material facts concerning the investment to the customers. (Pending – $1,800,000)

  • Filed January 25th, 2023: Customer alleges failure to conduct reasonable due diligence, negligence, failure to make material disclosures, failure to conduct suitability, failure to supervise, misrepresentation and omissions, breach of contract, and breach of fiduciary duty. Customer further alleges Chay Lapin and Wealthforge Securities failed to conduct reasonable due diligence on NP Skyloft DST, misrepresented the investment, and failed to disclose material facts concerning the investment to the customers. (Pending – $2,523,243.13)

  • Filed January 4th, 2023: Customers allege Chay Lapin and Wealthforge Securities improperly recommended, supervised the recommendation of, and controlled the recommendation that customers invest in NP Skyloft DST. Customers further allege Lapin and the firm failed to conduct a reasonable due diligence on NP Skyloft DST, failed to disclose material facts to customers concerning the investment, and misrepresented material facts to customers.  (Pending – $4,108,931.83)

Nelson Partners Skyloft (NP Skyloft DST): An Illiquid Real Estate Investment

Nelson Partners Skyloft (NP Skyloft DST) is an illiquid real estate private placement investment. Private placements are high-risk investments for investors, as they are not bound to the same disclosure requirements as public investment offerings. 

According to its Form D SEC filing, Nelson Partners raised over $75 million from investors in order to fund its luxury student housing complex located near the University of Texas in Austin, TX. 

Delaware Statutory Trusts (“DSTs”), are an alternative for 1031 exchange investors seeking replacement properties. Investors may consider investing in a DST for the potential of monthly returns and diversification, without any landlord duties or other real estate responsibilities. 

Unfortunately, DSTs are highly illiquid, and are likely only suitable for investors who can afford to have their funds tied up for long holding periods. Nelson Partners took out a $35 million loan from the Preferred Equity provider Axonic Capital, which it agreed to pay back with funds raised from investors. 

Instead, when the Covid-19 pandemic struck, NP Skyloft suspended monthly payments to investors and defaulted on its $35 million loan. Axonic Capital then took over and sold the student housing complex. Investors who incurred investment losses as a result of being recommended to invest in NP Skyloft DST by a brokerage or investment advisory firm may be entitled to a financial recovery. 

Brokers and financial advisers who sold Nelson Partners Skyloft (NP Skyloft DST) may be liable for any losses incurred by investors if the investment was unsuitable for the customer’s risk tolerance and objectives or they misrepresented the nature of the investment. They can also be held liable if their due diligence was inadequate, they failed to question the company’s risk, financing needs, and/or the safeguards ensuring its $35 million loan would be paid off. 

Investors that suffered losses in Nelson Partners Skyloft (NP Skyloft DST) at a full-service brokerage/investment advisory firm should immediately contact attorney Lawrence L. Klayman at 888-997-9956 or lklayman@klaymantoskes.com for a free consultation to discuss their recovery options. We do not collect attorney’s fees unless we obtain a financial recovery.

About KlaymanToskes

KlaymanToskes is a leading national securities law firm which practices exclusively in the field of securities arbitration on behalf of retail and institutional investors throughout the world in large and complex securities matters. The firm has recovered over $250 million in FINRA arbitrations and over $350 million in other securities litigation matters. KlaymanToskes has office locations in California, Florida, New York, and Puerto Rico.

Contact

KlaymanToskes, P.A.
Lawrence L. Klayman, Esq.
888-997-9956
lklayman@klaymantoskes.com
www.klaymantoskes.com