The embattled apartment complex Miller Ridge will be sold immediately after a judgment is entered in Clinton County District Court if a motion from the plaintiff’s attorney is granted.
According to court documents filed earlier this month by Jeffrey C. McDaniel, the attorney for Layton State Bank, the plaintiff has elected to amend the original petition to a foreclosure without redemption.
The defendants can file a written demand to delay the sale by two months. The purchaser at the sale will be entitled to immediate possession of the property.
A deficiency judgement can still be entered against the defendants if the proceeds of the sale do not produce sufficient funds to cover the promissory note in full.
A judge will need to rule on the amended petition.
Layton State Bank filed suit against Miller Ridge, LLC, and Joe Miller, owners of the apartment complex at 2604 N. Fourth St. Other defendants include the city of Clinton, Guardian Credit Union, the US government acting through the Internal Revenue Service, Aaron Malone and Dale Bott Trucking.
Layton State Bank claims the owners owe $3.5 million in mortgage payments, $382,357 in unpaid city sewer bills and housing inspection fees, and $453,903 in property taxes.
The case is set to go to trial at 9 a.m. Aug. 7.