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Bank foreclosing on church stuns congregation
By Jil Schult, HT Staff Writer, and Ann Rowland, correspondent
Friday, October 3, 2008 2:39 PM EDT
 
GAYLORD — When on Sept. 17 the Rev. Steve Scheer of Gaylord Community Church read in the Gaylord Herald Times that Independent Bank began foreclosure proceedings on the church, the news rocked the congregation.

How, he wondered, can the bank foreclose on a customer who’s never missed a payment?

“The church believes that this is an injustice,” said Scheer, in a press release the church issued last week. “In the two and a half years the church has been dealing with the Gaylord branch of Independent Bank, the church has never failed to live up to its financial obligations. The church has made every monthly payment expected of it.”

The foreclosure came as a result of a dream for a 6,400-square-foot facility designed to serve the greater Gaylord area in multiple ways.

“We saw a need for a mid-sized facility in the area; something multi-purpose,” Scheer said Tuesday.
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Construction began in 2005, with an $850,000 construction loan from Independent Bank in Gaylord.

Unfortunately, 13 months later, just two weeks before the building was scheduled to open, the final Otsego County building inspector slapped a “condemned” notice on the door. The truss system for the roof was inadequate; too few trusses, and too small. The side walls were beginning to bow out, making the possibility of collapse very real.

“We were in shock,” said Scheer. “Through every phase of the construction we were approved by inspectors. The blueprints from the architect were approved. Those same trusses had been viewed many times.”

Scheer added that early on in the construction process, the builder questioned the number of trusses, and contacted the architect who assured him they were sufficient.

Bad news was made worse when, in July of 2006, Independent Bank stopped payment on the balance of the construction loan, leaving contractors and sub-contractors holding the bag. More than $200,000 was obtained through various fund-raising efforts.

The condemnation of the building rendered the construction “incomplete” which put the loan in “technical default.”

Scheer is reluctant to cast blame. “We don’t know what higher power (in the bank system) is pulling the strings. It’s quite possible that the local branch has no control over this.”

The Gaylord Herald Times contacted Independent Bank Thursday. Bank officials declined to comment, indicating they have “a strict policy on discussing their customer’s business.”

“We are a financial institution,” stated Janice Lucier, Independent Bank, Gaylord branch manager. “Everything we have is held under our privacy policy.”

“The bank approach we’ve always taken with the customers is; as a bank we’ve always been willing to work with our customers who will work with us,” said Gary Dawley, Independent Bank Chief Credit officer.

“When we’re in these tough economic times, when things are topsy turvey, we’re constantly discussing what we can do to assist the customer,” he said, adding, “it takes both sides willing to cooperate to get there.”

“We have been in constant communication with the bank for the past two years in an effort to re-write the loan into a permanent mortgage,” said Scheer. But haven’t been able to reach an agreement.”

“We continue to trust,” he said. “God is going to do something here. We know that He has a plan, and we’re waiting to see what it is. If, in the end, we have to move to another location, He’ll go with us. A building is not the church; the people are the church. Would we like to finish this? Of course. We want to stay here. We feel a responsibility to make this work. But we realize that it may not be possible.”

The Community Church continues to seek resolution to the situation before the foreclosure sale that is scheduled for Oct. 23.

 
5 comment(s)

macguy wrote on Oct 28, 2008 3:28 AM:

" I Believe you all should find out more information about this before you comment. The Church Has been paying ABOVE the loan payment amount. Because the church is still in Construction the Bank has kept the Loan in "Construction Status" G.C.C. Has been TRYING to work with the bank to get the loan turned into a normal loan. The bank continues to give the church the run-around, and won't turn it into a normal loan.. IT'S THE BANKS FAULT.. I Suggest To everyone who has an account at Independant Bank, MOVE BANKS! Independant Bank is rated a "2-STAR" Bank. Which basically means, its a TERRIBLE bank. A few Blocks away, Northwestern Bank Is rated a "5-STAR" Bank.. any questions?? There were many inspectors that should have caught the problem. It's The Banks Fault, The Architect Mr. McHUGH's Fault, The COUNTY INSPECTOR's Fault, And The Builders Fault. I know for a fact that small rediculous problems were found by the inspectors, such as the stairs were 1/4 inch too small for a commercial building, so the builder had to rip them out and replace them. The Inspectors let it get to 2 weeks before occupancy before they noticed the major problem. Thank God they didn't pass the building all the way to occupancy many people could have been badly injured or killed. But to everyone who posts.. Check your facts! G.C.C. Will continue even if they don't get to keep the building.. It's Only a building! Church is about the people! G.C.C. Is one of the leading churches in the area! Sunday Morning Serivces are awesome! I'm Convinced They have the best youth program in town on wednesday nights. Their music is by far the best and most annointed in town. They have an amazing pastor and staff, And are a Huge part of this "COMMUNITY" Let's Support them! God Is Bigger than any problem and i believe He won't let a God-Believing, People-Saving Church fail. God Bless G.C.C.!!! "

greatlady wrote on Oct 17, 2008 9:25 AM:

" Cutty, I do agree that Independent should have done more but some of the blame is on the church as well. In not knowing all the issues and what has or has not transpired the church should have gotten a lawyer the minute the inspectors said that the enginerring load for the roof was not approved. I can only assume but it appears communication seems to be the issue here and mybe someone droped the ball. Feel sorry for the church and hope things work out to help all in this issue. "

CUTTY wrote on Oct 16, 2008 4:43 PM:

" Yes greatlady you might be correct on a legal technicality, but Independant Bank could exercise some discretion here. They always have the option of renegotiating the terms of the original loan and made certain modifications given what has transpired since this loan document was signed.
This is a prime example of "corporate america" doing a real number on people, made even worse in this instance by its behavior toward a church.
My prayers are with this church and I do hope that they get a good lawyer!!
Independant Bank should be ashamed of themselves. "

greatlady wrote on Oct 15, 2008 8:55 AM:

" In order to understand why they are being forclosed on you would need to read the loan agreement from the bank. I am only assuming but think I am right. The building loan was never closed and switched to a loan. There is a date that this must happen by. So if they are past that date and a new build loan was not discussed nd errors going to bbe fixed by then the church is in default. Only makes sense. Good communication it appears is to fault here. "

What Now wrote on Oct 5, 2008 5:39 AM:

" This does not make any sense. The building inspectors looked at that building numerous times and never said a word until 2 weeks before it was to be completed? Why wait until then? Then the church has never missed a payment and yet they are in default of the loan? The bank is getting their money, what more do they want? This is ridiculous. "

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