Skip to content
Friday, October 23, 2026 · Today’s edition, 6:30 a.m. ETFri, Oct 23 · 6:30 a.m. editionSign inMy Desk 0EditionsSign in

Capital One sues S2 Capital's Everett over $11.5M guaranty

A capped personal guarantee is now in dispute as lenders press multifamily sponsors on defaulted Sun Belt debt.

At a glance

  1. The bank says he owes $11.5 million.
  2. The case was filed Aug. 4 in New York Supreme Court, The Real Deal reported.
  3. The suit arrives as S2 Capital's troubles come to a head.

Capital One is suing Scott Everett over a personal guarantee tied to a defaulted loan. The bank says he owes $11.5 million. That figure comes from a guarantee cap of $10 million plus interest. The underlying financing matured in July. Capital One lent $85.2 million to buy and renovate Richmond Apartments in North Dallas. The loan closed in 2022. The complex has 531 units. S2 Capital owes $93.8 million against the loan, the bank says.

The case was filed Aug. 4 in New York Supreme Court, The Real Deal reported.

The suit arrives as S2 Capital's troubles come to a head. The firm has told investors in its REIT and its $400 million first fund that their money is gone. It also has $400 million in apartment foreclosures.

S2 was once near the top of the value-add multifamily market. It surpassed Blackstone as North Texas's most active multifamily buyer in 2022, according to The Real Deal. When rates spiked, the firm could not keep pace managing or upgrading its Sun Belt properties.

Everett tried to ride out the rate cycle with a structure. In early 2024 he launched what The Real Deal described as the largest private REIT. He folded about 30 deals into the vehicle to secure a credit facility that could refinance the pool. Rates outlasted the plan, and the trust's shares were marked below a dollar by late 2025. He is now raising $100 million for a continuation vehicle to preserve the properties that still work.

When the guarantee becomes the collateral

Everett joins a growing list of multifamily sponsors whose personal guarantees are being called. Starwood has secured more than $50 million in judgments against Tides Equities principals Sean Kia and Ryan Andrade. Acore and Vista Bank claim Lurin Capital's Jon Venetos is exposed to more than $80 million in guarantees. Starwood and Fannie Mae are pursuing GVA Management's Alan Stalcup over alleged "bad-boy" carve-outs.

The pattern suggests lenders are reading these documents aggressively. A cap on a personal guarantee was supposed to define the outer limit of a sponsor's exposure; the current suits show that caps themselves become the contested ground. For private credit desks, the practical point is that a guaranty is only as clean as the sponsor's other liabilities. For Everett, the fight is now over what the cap actually covers, not just whether the loan gets repaid.

The $100 million continuation vehicle will tell. If it fills, some creditors may prefer to wait rather than litigate. If not, the courts will keep setting the terms of the value-add unwind.

Personal-guarantee amounts in recent multifamily lender suits

  • Acore & Vista Bank v. Jon Venetos$80M
  • Starwood v. Tides Equities principals$50M
  • Capital One v. Scott Everett$11.5M
Source: The Real Deal · reported minimums shown
Show as table
ItemValue ($M)
Acore & Vista Bank v. Jon Venetos$80M
Starwood v. Tides Equities principals$50M
Capital One v. Scott Everett$11.5M

Reported by the Real estate debt desk from The Real Deal. Published . Corrections

Related

Real Estate

Capital One sues S2 Capital's Everett for $11.5M guaranty

The claim against S2 Capital's Scott Everett shows how capped personal guarantees are becoming lenders' last recovery in multifamily defaults.

Real Estate

Newmark launches multifamily bridge program with $35M Georgia loan

The first loan is a $35 million refinancing of MFP Capital's 264-unit Independence Place in Hinesville, Ga., Commercial Observer reports.

Real Estate

Newmark arranges $369 million Fannie Mae facility for April Housing's Florida portfolio

The interest-only facility splits into a $221.4 million fixed-rate draw and a $147.6 million floating-rate draw across 11 properties.

Real Estate

Dwight lends $73M to refinance 368-unit Reno apartments

Bridge Investment Group and Pacific Development borrowed the bridge loan, which funded an interest reserve and returned equity.

Real Estate

KKR supplies $95 million 10-year loan for Brooklyn apartments

Bridge, Declaration Partners and Avery Hall are the sponsors; coupon and spread were not disclosed.

Private Real Estate Dailyfrom Private Wealth Daily

Non-traded REITs, data centers, industrial and manager fundraising. Weekdays at 7:20 a.m. ET.

Free. Weekday mornings. Unsubscribe from any edition in one click.

From other sections