Ok then go ahead-- hopefully you can find where the bank violated some banking laws by going around the mgr of the llc and striking a "covert deal" with the passive member
Statement of events
Acre llc leases a building from Serra Hyundai AF Serra owns serra hyundia
Cozmo LLC leases a building from Serra Chevrolet. AF Serra owns serra chervolet
Kevin A Serra and AF Serra took out a loan in Dec of 2015 from Servisfirst under ACRE LLC and used 2 parcels of free and clear property to collateralize the loan.
The loan to the ACRE llc came due in Dec 2017 from Servisfirst bank. Kevin Serra is the manager for ACRE LLC and the only approved person to be acting on behalf of the LLC. I proposed to AF Serra to renew the loan on interest only (as it has been for yrs) and AF Serra demanded we both payoff the note which is 250,000 each. I said NO unless serra Hyundai renews its lease or you can buy me out of the ACRE LLC for a discount.
I offered to sell my half of the llc at a discount to be reasonable. I offered all reasonable remedies but i would not payoff the $250,000
I simply did not want to payoff this property because there would not be a "new lease in place" and because AF Serra would not be reasonable under any circumstance
AF Serra became angry in early 2018 and disgruntled and would not make any concessions or be reasonable whatsoever with renewing the note. AF Serra decided to take matters into his own hands
AF Serra a passive member of ACRE LLC called a meeting with Servisfirst representative Layne held and demanded that layne Held pressure Kevin Serra to payoff his half of the loan which was $ 250,000 and AF Serra would payoff his half of the note of $ 250,000
I declined and said to Servisfirst "you can take the property back and sell it off " your bank has a personal guarantee on both Kevin Serra and AF Serra which will payoff any defieciency and attorney fees-the bank will not lose. The Bank was fearful of losing its realtionship with its multimillionaire client AF Serra so they sold the $500,000 note to one of AF Serra's companies Team Financial Inc in mid 2018 .
This has ruined my banking relationship with Servisfirst and AF Serra is with holding rents due and refuses to pay rents owed to me by ACRE LLC and Cozmo LLC for thousands of dollars.
Servisfirst bank has not notified me as the manager of acre llc that the note has been sold
the bank has not communicated any of this to me. The Bank was given the operating agreement prior to the loan in 2015 and knew AF Serra was a passive member
What laws have been broken by the bank? i need the specific laws broken and exposure the bank could face
What laws have been broken by AF Serra? i need the specific laws broken and exposure he faces
Is AF SERRA portion of the LLC liable for the damages? such as legal fees