Gov. Jim Justice’s children have filed a complaint in Greenbrier County Circuit Court in an attempt to halt the sale of the Greenbrier Hotel.
The hotel is currently scheduled to be sold next week.
Jill and James Justice say that the sale of the Greenbrier to a “cutthroat” debt collector was politically motivated and would cause economic harm to the region.
The complaint says aside from the motivations and effects of the sale of the property, there are three “fatal” legal defects in the foreclosure. The first two alleged defects are technical. They take issue with the way the public was notified for the sale, and who approved the latest deed of trust.
The third alleged flaw says that JP Morgan Chase, the original lender, went back on its word.
The Justices say that they had verbal agreements with Chase that if they sold some of their cottages at the Greenbrier resort and sold or refinanced the Glade Springs Resort by Sept. 30 and put that money towards the delinquent debt that they would avoid foreclosure.
They also claim they had a verbal agreement with Chase representatives for forbearance, which would allow them to temporarily stop making payments or make smaller payments.
“(Greenbrier Hotel Corporation, Jay Justice and Jill Justice) seek a declaratory judgment that the sale cannot proceed, a temporary restraining order and preliminary injunction, and ultimately a permanent injunction enjoying it,” the Justices said in the complaint.
The original loan was for $142 million. The terms of that loan have been revised since it was first taken by the Justices in 2014 according to a Chase court filing to New York’s Supreme Court.
In April, Chase sent out a formal letter putting the Justices on notice of the delinquent status of its loan.
“By giving notice contained herein, you should not in any way anticipate that any other notice not expressly required under the loan documents and the sixth amended forbearance agreement,” the April letter from Chase to the Justices said.
The Justices say that the sale of the property would likely have a negative impact on the economy of Greenbrier County, and a significant loss in jobs.
The complaint states that the resort employs 2,000 people during peak season.
Greenbrier employees received notice on Monday that they may lose their healthcare coverage, for reasons not directly related to the foreclosure of the Greenbrier. The Hotel is four months, and millions of dollars behind on payments. The Insurer said in a letter that even the money that the hotel had taken out of its employees checks for healthcare coverage had not been paid to the health care insurer.
They also contend that the sale of the debt to the debt collector was politically motivated, pointing out that if Jim Justice wins the U.S. Senate race in November, he could give the Republican Party majority control of the chamber.
Chase however is on the hook for millions of dollars in missed payments, and has no clear benefit in Justice losing the election.
“Less than seven weeks after his nomination, and after 14 years of doing business with Justice, JPMC with no notice or warning sold Justices loan to McCormick,” the complaint said.
McCormick 101, a Maryland debt collecting firm, currently owns the deed of trust to the property. Chase sold the debt and the deed of trust to the Greenbrier hotel after the Justices had defaulted on the loan.
The deed of trust is only to the hotel, and not to much of the property that surrounds the hotels including the separate cottages, the golf course- and part of the parking areas. The Justices says this uncoupling would render both halves inoperable.
“The sale would leave the Greenbrier without a place to park guests’ vehicles during its busy peak season. And all guests use water; the loss of the Greenbrier’s water supply would leave it unable to operate at all,” the Justices said in the complaint.