XML 64 R53.htm IDEA: XBRL DOCUMENT v3.3.1.900
COMMITMENTS AND CONTINGENCIES (Details Narrative)
$ in Thousands
1 Months Ended 12 Months Ended
Feb. 28, 2014
Apr. 27, 2012
USD ($)
Oct. 31, 2011
USD ($)
Dec. 31, 2015
USD ($)
Jan. 01, 2005
a
Area of land | a         10.08
Clapper Parties [Member]          
Damages sought value     $ 74,000    
Actual damages sought value     26,000    
Interest damages sought value     $ 48,000    
Description of plaintiff    

David M. Clapper and two entities related to Mr. Clapper (all, collectively, the “Clapper Parties”)

   
Description of defendant    

American Realty Trust, Inc. (“ART”) and its former subsidiary, ART Midwest, Inc.

   
Description of allegation    

Originally arising out of a transaction in 1998, in which ART and the Clapper Parties were to form a partnership to own eight residential apartment complexes.

   
Description of action taken by court

The Court of Appeals affirmed a portion of the judgment in favor of the Clapper Parties but also ruled that a double counting of a significant portion of the damages had occurred and remanded the case back to the trial court to recalculate the damage award, as well as pre and post-judgment interest thereon.

       
ABCLD [Member]          
Description of plaintiff  

ABCLD Real Estate, LLC ("ABCLD")

     
Description of defendant  

Lender

     
Description of action taken by court  

On April 27, 2012, ABCLD filed a lawsuit for wrongful foreclosure against the lender.  On September 9, 2014, the court entered a final judgement declaring that the foreclosure was void as a matter of law.  ABCLD subsequently paid $7 million to get the property back.

          The plaintiffs appealed the final judgement and alleged that ABCLD and other various entities were responsible for deficiencies, unpaid interest and related attorney fees.  With the $7 million that was applied to the outstanding loan balance, the potential loss is significantly reduced, and the amount of final damages is contingent upon the outcome of the appeal.  As part of a settlement agreement, ABCLD paid an additional $2.6 million to regain ownership of the parcel.  As of December 31, 2015 the Company has no further obligations related to this parcel.

 

The plaintiffs appealed the final judgement and alleged that ABCLD and other various entities were responsible for deficiencies, unpaid interest and related attorney fees.  With the $7 million that was applied to the outstanding loan balance, the potential loss is significantly reduced, and the amount of final damages is contingent upon the outcome of the appeal.  As part of a settlement agreement, ABCLD paid an additional $2.6 million to regain ownership of the parcel.  As of December 31, 2015 the Company has no further obligations related to this parcel.

 
Amount paid to acquire property   $ 7,000   $ 2,600