Michael H. Gulley and Paula M. Gulley - Page 6




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          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.                                     






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