Lawyers for popular shopping center ask court to throw out foreclosure lawsuit

New developments in the foreclosure fight involving one of our most popular spots to shop.

There’s a new push to toss out the foreclosure lawsuit against the Greene in Beavercreek.

New Wednesday, The Greene has responded to a foreclosure lawsuit it’s facing with a 10-page filing.

In the document, The Greene’s lawyers admit mall ownership didn’t pay up in time on a loan.

In the original lawsuit, Wells Fargo bank said The Greene owes them more than 112 million dollars.

The bank says it’s unpaid debt from a more than 137-million dollar loan the mall took out over a decade ago.

>> PREVIOUS COVERAGE: The Greene ownership issues statement after bank forecloses on shopping center

Even though The Greene admits a default in the filing, their lawyers write to Wells Fargo’s legal team that The Greene “was entitled to a 5-day written notice. We assume this was delivered to (The Greene), but please confirm.”

Adding, “We have not seen a notice of default.”

“There are a couple of things that did stand out,” Andrew Zeigler, Kennel Zeigler LLC, said.

Zeigler’s been a lawyer for 17 years and deals with bankruptcy and foreclosure cases.

He read Wells Fargo’s complaint with News Center 7 in May and went over The Greene’s response.

“One was, in the answer they did admit that they are in default on the note which is a significant admission,” Zeigler said.

The other, Zeigler says, is the active negotiations that The Greene reveals in the filing.

>> RELATED: ‘There is panic;’ Business owners fearful after bank forecloses The Greene over unpaid loans

“They do mention in paragraph three that they are actively seeking to refinance with a different lender,” he said.

Zeigler said another lender could bail out The Greene to avoid a possible foreclosure.

“Right. Under Ohio law, they always have a right to redeem. They can show up with the cash at any time and redeem the property,” he said.

One of the last things lawyers wrote in this filing is The Greene, “respectfully requests the court dismiss” Wells Fargo’s complaint.

So far there have been no court dates scheduled in this case.

News Center 7 will continue to follow this story.