Carter Bank asks judge to dismiss Justice countersuits, proceed with ‘foreclosure’

By Stephen Baldwin, RealWV

Last month, Carter Bank & Trust provided notice of sale of The Greenbrier Sporting Club, including its common properties, in order to satisfy a debt of $300 million owed to them by the James Justice Companies.

Justice Companies filed a civil suit, asking Greenbrier Circuit Judge Jennifer Dent to delay the sale.

Judge Dent recused herself from the case, as her husband works at The Sporting Club. Judge Bob Richardson was instead assigned the case.

Lawyers for Justice and Carter agreed to delay the announced sale until April, in order to give both sides time to process each other’s legal maneuvers.

Now, Carter has filed two motions with Judge Richardson asking him to dismiss the Justice case.

The first motion contends that Greenbrier County is an improper location for any proceeding. “No less than seven times in the past two and a half years, Plaintiffs and Carter Bank entered into agreements…express providing that all disputes between the parties related to their commercial lending relationship would be exclusively litigated in the federal or state courts of the Commonwealth of Virginia.”

Previous Justice filings contended that litigation should occur in Greenbrier County since local residents could be affected by any sale. Carter lawyers say that violates their long-standing agreement with Justice Companies and is therefore improper.

Notably, the filing refers to the current situation as “beginning foreclosure on The Greenbrier” in the motion for dismissal.

The second motion for dismissal from Carter contends that the reasons Justice Companies give are “nonsensical.”

Calling the Justice claim “the latest in a series of meritless lawsuits,” Carter argues that no real reason is given for delaying or stopping the sale. In previous filings, Justice Companies contend that they owe Carter more than the original deed of trust, thereby rendering the sale void. Carter contends that argument lacks “common sense.”

Judge Bob Richardson scheduled a hearing for April 12 at 9am. Lawyers for both parties are expected to make their case before the judge at that time. Carter seeks to allow the “foreclosure” to proceed while Justice maintains no such thing will occur.

Stay tuned to RealWV for updates as this story continues to develop.

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