Closed title company faces three more lawsuits

by Cara Restelli, KY3 News 7/6/07

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By Gene Hartley

  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.
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Lawsuit by Branson Hills Development (9-page document)

Lawsuit by Promenade Development (7-page document)

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