Kushner Companies has filed a lawsuit against Harvey Hernandez, alleging nonpayment of a $22.9 million loan related to a Fort Lauderdale development site. The suit was filed Thursday in Miami-Dade Circuit Court, naming Hernandez as the personal guarantor for the loan.
The property at 200 West Broward Boulevard, located near Fort Lauderdale’s Brightline station, is owned by an affiliate of Newgard Development Group, led by Hernandez. Plans for the site include Natiivo Fort Lauderdale, a proposed 40-story condominium with 384 units designed for short-term rentals.
A separate foreclosure complaint from Kushner is pending in Broward County Circuit Court against Newgard’s affiliate that owns the one-acre site. According to court filings, Newgard acquired the property from Kushner and Aimco in 2023 for $31.2 million. That same year, Kushner issued a $21.2 million mortgage to Newgard, which allegedly was not repaid by its June 15 maturity date; accrued fees and interest have brought the total amount owed to $22.9 million.
As collateral for the mortgage, Newgard pledged all of its equity interest in the development entity controlling the project.
The Miami-Dade complaint states: “absolutely and irrevocably guaranteed and promised to pay the lender, among other things, for any losses, costs, judgments, awards, court costs and legal or other expenses.” This statement refers to Hernandez’s obligations as guarantor on the loan.
Kushner is also seeking a court order requiring Newgard’s affiliate to turn over $23,471 per month in rent collected from using part of the site as a parking lot.
Hernandez did not respond to requests for comment regarding these allegations. An attorney representing Kushner declined comment as well.
Sales efforts for Natiivo Fort Lauderdale began last year with Cervera Real Estate initially handling sales before One Sotheby’s International Realty took over marketing duties in December. Construction on the project has not yet started.
Newgard Development Group has partnered with Two Roads Development on other projects in Miami’s Brickell neighborhood along the Miami River—specifically Lofty Brickell and Standard Residences—and secured substantial construction financing last September totaling $513 million for those towers.
