Bank of the West and Regency companies mix it up in court
.floatimg-left-hort { float:left; } .floatimg-left-caption-hort { float:left; margin-bottom:10px; width:300px; margin-right:10px; clear:left;} .floatimg-left-vert { float:left; margin-top:10px; margin-right:15px; width:200px;} .floatimg-left-caption-vert { float:left; margin-right:10px; margin-bottom:10px; font-size: 12px; width:200px;} .floatimg-right-hort { float:right; margin-top:10px; margin-left:10px; margin-bottom:10px; width: 300px;} .floatimg-right-caption-hort { float:left; margin-right:10px; margin-bottom:10px; width: 300px; font-size: 12px; } .floatimg-right-vert { float:right; margin-top:10px; margin-left:10px; margin-bottom:10px; width: 200px;} .floatimg-right-caption-vert { float:left; margin-right:10px; margin-bottom:10px; width: 200px; font-size: 12px; } .floatimgright-sidebar { float:right; margin-top:10px; margin-left:10px; margin-bottom:10px; width: 200px; border-top-style: double; border-top-color: black; border-bottom-style: double; border-bottom-color: black;} .floatimgright-sidebar p { line-height: 115%; text-indent: 10px; } .floatimgright-sidebar h4 { font-variant:small-caps; } .pullquote { float:right; margin-top:10px; margin-left:10px; margin-bottom:10px; width: 150px; background: url(http://www.dmbusinessdaily.com/DAILY/editorial/extras/closequote.gif) no-repeat bottom right !important ; line-height: 150%; font-size: 125%; border-top: 1px solid; border-bottom: 1px solid;} .floatvidleft { float:left; margin-bottom:10px; width:325px; margin-right:10px; clear:left;} .floatvidright { float:right; margin-bottom:10px; width:325px; margin-right:10px; clear:left;}
The legal assault launched by Bank of the West against the trust of the late Michael Myers continues to play out in Polk County District Court, where a judge recently ordered property development and management entities managed by Myers’ sons and business partners to pay $8.8 million toward a defaulted loan.
One of the entities, MRM Regensea LLC, also is the target of a separate Bank of the West lawsuit that seeks $1.2 million in guarantees brothers James and Robert Myers made on a loan to buy a 63-foot yacht, the Regensea, which the bank has repossessed.
Myers, who died in December 2006, co-founded the Regency residential and commercial real estate development companies that collapsed in April 2008.
Regency companies and the Myers brothers have been the target of three lawsuits filed by Bank of the West in connection with a failed Minneapolis condominium project, the boat loan and property loans in Greater Des Moines.
A judgment against the trust in one of those lawsuits has been appealed to the Iowa Supreme Court.
On March 5, Polk County District Judge Eliza Ovrom ordered MRM Regensea to pay $331,800 to the trust as part of garnishments Bank of the West seeks to pay the trust’s portion of a loan for the Sexton Lofts condominium project in Minneapolis.
In that case, the bank won a default judgment for $8.3 million against the trust, James and Robert Myers, and business partner Michael Medved. The trust was ordered to pay $3.7 million of the judgment, and the Myers brothers were ordered to pay nearly $1.9 million each.
The case was sent to Des Moines from Minneapolis to collect on the judgment.
Judge Ovrom’s order also included these trust accounts:
• Tri-Development Corp., $4.7 million;
• Star Properties of Des Moines Inc., $2.8 million;
• Heather Enterprises II LP, $586,800;
• Leasing Management Corp., $403,846; and
• Westwood Partners LC, $26,314.
In a previous ruling, Broker Dealer Financial Services Corp. was ordered to pay $47,238 and Michael R. Myers Properties Inc. was ordered to pay $2.2 million.
Meanwhile, another ruling against the trust has been appealed to the Iowa Supreme Court. In that case, Bank of the West won a $2.4 million judgment against Regency Land Co. LC, the Michael Myers trust, James and Robert Myers, and Richard Moffitt, who created Regency along with Michael Myers.
Regency lawyer Timothy Hogan filed the appeal March 10 in an effort to have the trust removed from that ruling, claiming it did not have an interest in a $6 million loan Bank of the West made for a variety of residential developments in Greater Des Moines.