Owners of the Greene get more time to respond

XENIA — The owners of the Greene in Beavercreek have been given more time to respond to a foreclosure lawsuit filed last month in Greene County Common Pleas Court.

According to a June 5 filing, Greene Town Center LLC and Wells Fargo agreed to an extension of 30 days — up to and including July 15 — for the owners to answer, move, or otherwise plead in response to the original lawsuit filed May 10.

In the lawsuit, Greene Town Center LLC is accused of not paying back a loan — split between two notes — now owned by Wells Fargo Bank.

Wells Fargo alleges it is owed nearly $113,000,00, including unpaid interest of nearly $3 million. The original loan for $137,250,000 was taken out in November 2013 and matured Dec. 1, 2023, according to the lawsuit. Both notes began accruing regular and default interest on May 2.

The Greene has remained open and according to a previous statement, “The Greene Town Center has been actively engaged with its lender, negotiating in good faith and over a period of time, to find a reasonable and mutually agreeable outcome.”

Also listed as defendants are SMS Assist, LLC, Envirocontrol Systems, Inc., and Greene County Treasurer Kraig Hagler. SMS Assist and Envirocontrol (doing business as Lifestyle Comfort Solutions) are defendants, according to the lawsuit, because they “may claim to have some interest in” some portion of the property.

Envirocontrol on June 6 filed an answer in court stating that it “possesses an interest in the real estate by virtue of mechanic’s lien filed against the Property.”

Assistant Prosecutor David Morrison filed an answer on May 31 on behalf of the the treasurer’s office, stating that the treasurer “has an interest in the subject property” because real estate taxes and assessments become a lien on “such property” on the first day of each year and have priority established by law.

Morrison also wrote that the defendant requests that “its liens be accorded their rightful priority, and be paid, with accrued interest, out of the sale proceeds that may occur, and that it be granted any other further legal or equitable relief to which it may be entitled.”

Reach Scott Halasz at 937-502-4507.