- 6 - the foreclosure. This left GSD, petitioner, and Schlesinger owing a balance of $27,742,833 on the Sunbelt note. GSD continued to accrue interest on the Sunbelt note after foreclosure. Sunbelt sought to collect from petitioner individually because he was GSD’s general partner and had guaranteed the note. In June 1988, GSD, petitioner, and Schlesinger sued Sunbelt in Federal District Court to recover Encino Park. The plaintiffs alleged that the Sunbelt note and guaranty were not enforceable, that Sunbelt was a partner and joint venturer of Encino Park, and that the foreclosure was wrongful. GSD, petitioner, and Schlesinger also filed notices of lis pendens against Sunbelt in November 1988 and September 1989 to ensure that Encino Park would not be sold before the court resolved their claims. In February 1990, the State and Federal suits were consolidated in Federal District Court. In May 1990, the State of Texas filed a condemnation action against Sunbelt, GSD, petitioner, and Schlesinger in State probate court. The State of Texas ordered Sunbelt, GSD, petitioner, and Schlesinger jointly to make condemnation payments of about $1.8 million plus interest to the State probate court. In 1995, the condemnation proceeds were distributed to Sunbelt’s successor in interest, the Resolution Trust Corp., in partial payment of the loan deficiency to Sunbelt.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011