Story Published:
Oct 4, 2007 at 2:39 PM CST
Story Updated:
Dec 10, 2007 at 6:27 PM CST
OZARK, Mo. -- Three more lawsuits accuse a closed title company of mishandling millions of dollars in
escrow funds. One of the lawsuits
filed Thursday against Guaranty Title is by the developer of a huge project in
Branson.
The developer of Branson Hills,
a commercial and residential planned community on the north side of Branson, says
Guaranty Title owes it $5 million. As
it sold parcels of land for yet-to-be built homes, Guaranty Title handled the
money that is supposed to change hands at closings.
Guaranty Title was
supposed to issue checks for the proceeds of the sales to Branson Hills
Development and its lender. But,
according to a lawsuit, many of those checks bounced.
“We just want our money
back,” said Barry Schwartz, chief financial officer for Branson Hills
Development.
Branson Hills owner Barry
Shorts also says, when Guaranty
Title suddenly shut its doors on June 20, it did so without completing
closings on 60 to 80 pieces of property. The
lawsuit says, in those pending sales, buyers had tendered substantial down
payments and, in two instances, the entire purchase prices to Guaranty Title to
be held in escrow. Schwartz says he
never received that money.
In addition to the $5
million, Branson Hills is seeking unspecified actual and punitive damages.
Last week, Guaranty
Title's underwriter
filed a lawsuit against the title company, its owners and banks holding its
money. Guaranty Title was based in Nixa
but had 10 offices in area towns and cities. A Christian County
judge granted the underwriter's request for a temporary restraining order to
freeze all of Guaranty's funds while an audit is conducted. The underwriter, Commonwealth Land Title, thinks $4.5 million
might be missing from Guaranty Title’s accounts.
The other two lawsuits
filed against Guaranty on Thursday are by Promenade Development Company of
Branson and Old Missouri National Bank of Springfield.
----
Lawsuit
by Branson Hills Development (9-page document)
Lawsuit
by Promenade Development (7-page document)