Three weeks ago, Bank of America quietly sued Kent Swig, his estranged wife Elizabeth Macklowe Swig, and The 740 Corporation, the cooperative that owns 740 Park, seeking to foreclose for non-payment on the Swigs’ duplex apartment there, and seize their proprietary lease and the associated shares in the fabled co-op, presumably planning to put it on the market to recoup what is owed the bank on a consolidated $17.6 million loan against the apartment. Read the lawsuit here [pdf alert]. My question: Whose apartment will be listed first? The Swigs? Or Ezra Merkin, owner of apartment 6/7B at 740, who just made a $405 million settlement with New York State of charges related to his role in the Bernie Madoff Ponzi scheme?