ST. JOHNS COUNTY, Fla. – A judge denied a motion filed by the ownership of the Serenata Beach Club to dismiss a foreclosure lawsuit during a Monday hearing at the St. Johns County Courthouse.
This means that the investment firm can move forward with trying to take the club by foreclosure.
“When I review your motion to dismiss it appears you are asking me to do or look outside of the four corners of the complaint which I am legally prohibited from doing,” Judge Howard M. Waltz said on Monday.
Lawyers for the owners of the Serenata Beach Club and DLP Lending fund, the company that is foreclosing on the club, met over Zoom in the judge’s chambers.
READ | DLP Lawsuit
The owners of the club are Jefferey and Molly Butler.
Lawyers were joined by former workers and members of the club, in person and online, who wanted to hear this decision.
“So what the defendant attempted to do is get the case tossed out. They came up with a claim that the plaintiff, the lenders, had gotten a judgment up in Pennsylvania,” Curtis Fallgatter, a former federal prosecutor who’s not affiliated with this case, said. “Down here in St. Johns County, I noticed they were trying to get a judgment so they can foreclose on a property…That’s what these lenders want to do they want to take the Serenata Beach Club property as part of a foreclosure and not just a money judgment.”
Fallgatter said that this motion could mean things move rather quickly after this.
But what happened in the Judge’s chambers Monday is not the first time News4JAX has reported on the Serenata Beach Club and its money problems. Some include:
- In September, Consumer Reporter Tiffany Salameh reported on multiple foreclosure lawsuits connected to the owners totaling almost $15 million
- In January, Salameh reported that the club sent out a confusing email, and workers reached out to News4JAX saying they hadn’t been paid in weeks
- This month, Salameh reported all about the club reopening under new management, with employees still waiting on checks and W2 forms
After Monday’s hearing ended, News4JAX spoke with some former workers who all wanted to remain anonymous.
A few said that when they tried to deposit the most recent check sent to them, the bank wouldn’t cash it. They also said they’re still waiting for their W2 forms.
News4JAX reached out to Butler for comment on what happened in court, what’s happening with pay, and what’s going to happen to members of the club.
MORE | Serenata Beach Club employees left in the dark, say they have not been paid for weeks
At the time of this publication, Butler hadn’t responded to our request.
After the judge denied the motion, he said the defendants — which is the beach club — have 20 days to respond and answer questions.
From there, Fallgatter said both sides could try to resolve the case.