Cross River Bank v. 3 Bea's, D. Md. 8:21-cv-03210, Judgment (Doc. 63, Nov. 7, 2023)

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An Order Granting Summary Judgment, Document 63, filed November 7, 2023 in Cross River Bank v. 3 Bea's Assisted Living LLC, Connie Stewart and David Stewart, Case No. 8:21-cv-03210-TJS, in the U.S. District Court for the District of Maryland. The order grants the plaintiff's motion as to Counts One (Breach of Contract) and Seven (Fraudulent Conveyance). It enters judgment for Cross River Bank against 3 Bea's Assisted Living LLC and Connie Stewart, jointly and severally, of $1,701,399.47 in unpaid bank funds, plus $58,088.52 in interest at 1% per year and $85,069.97 in late fees, for a total of $1,844,557.96. It sets aside grant deeds on a Prince George's County property as fraudulent conveyances under the Maryland Uniform Fraudulent Conveyance Act and declares Connie Stewart the sole owner. The order is signed /s/ Timothy J. Sullivan, Chief United States Magistrate Judge.

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             Case 8:21-cv-03210-TJS Document 63 Filed 11/07/23 Page 1 of 3



                        IN THE UNITED STATES DISTRICT COURT
                           FOR THE DISTRICT OF MARYLAND


CROSS RIVER BANK,                              |
                                               |   Case No. 8:21-cv-03210-TJS
                       Plaintiff,              |
        v.                                     |
                                               |
3 BEA’S ASSISTED LIVING LLC, a                 |
Maryland Limited Liability Company, a/k/a      |
THREE BEA’S ASSISTED LIVING                    |
CONNIE STEWART, and                            |
DAVID STEWART
                                               |
                       Defendants.             |
                                               |

                        ORDER GRANTING SUMMARY JUDGMENT

        Upon Consideration of the Motion for Summary Judgment of Plaintiff Cross River Bank

for Breach of Contract, Money Had and Received, Unjust Enrichment, Conversion,

Fraud/Misrepresentation, Negligent Misrepresentation, and Fraudulent Conveyance, the

memorandum and exhibits submitted therewith and any opposition thereto and the entire record

herein, it is

        ORDERED that said motion be, and hereby is, GRANTED as to Counts One (Breach of

Contract) and Seven (Fraudulent Conveyance) and it is further,

        ORDERED that judgment be, and hereby is entered in favor of the Plaintiff against

Defendants 3 Bea’s Assisted Living, LLC a/k/a Three Bea’s Assisted Living and Connie Stewart

jointly and severally in the total amount of unpaid bank funds of $1,701,399.47 plus interest

pursuant to the Promissory Note at a rate of 1% per year in the amount of $58,088.52 through

October 5, 2023, plus 5% late fees in the amount of $85,069.97 through October 5, 2023, for a

total of $1,844,557.96 and it is further,
          Case 8:21-cv-03210-TJS Document 63 Filed 11/07/23 Page 2 of 3




       ORDERED that the Grant Deed signed on December 4, 2020, and recorded on March 3,

2021 at Book 45053, Page 178 of the Prince George’s County Land Records, concerning real

property having a street address of: 13500 Danielle Circle, Brandywine, Maryland 20613, being

known and designated as Lot 9 as shown on a plat entitled “Plat of Correction Plat One Lots 1, 2,

9, 10 & 11 Erik’s Ridge” as per Plat thereof recorded in Plat Book REP 215 at Plat 33 among the

Land Records of Prince George’s County, Maryland (the “Property”), and purporting to transfer

the aforesaid Property from Connie Stewart, as Grantor, to her sons, Burton Sherbert and David

Stewart, as Grantees, is hereby set aside as a fraudulent conveyance, made for no fair

consideration, pursuant to the Maryland Uniform Fraudulent Conveyance Act. Md. Code, Com.

Law §§ 15-201 et seq. (“MUFCA”), and it is further

         ORDERED that the Grant Deed signed on August 30, 2021, and recorded on November

 10, 2021 at Book 46553, Page 411 of the Prince George’s County Land Records, concerning the

Property, and purporting to transfer the aforementioned Property from Burton Sherbert and David

Stewart, Jr., as Grantors, to Connie Stewart and David Stewart, Jr. as Grantees, is hereby set aside

as a fraudulent conveyance, made for no fair consideration pursuant to the Maryland Uniform

Fraudulent Conveyance Act Md. Code Com. Law §§ 15-201 et seq. (“MUFCA”), and it is further

        ORDERED that as a result of the above-referenced voiding of the Grant Deed signed on

December 4, 2020, and voiding of the Grant Deed signed on August 30, 2021, Connie Stewart is

declared to be the sole owner of the Property pursuant to a Deed dated September 25, 2020, and

recorded on October 14, 2020 at Book 44225, Page 314 of the Prince George’s County Land

Records; and it is further

       ORDERED that any and all remedies pursuant to the MUFCA and any and all equitable

remedies with respect to the Property be made available to Plaintiff upon application to the Court;


                                                 2
           Case 8:21-cv-03210-TJS Document 63 Filed 11/07/23 Page 3 of 3




and it is further

        ORDERED that all applicable post-judgment interest be awarded in favor of the Plaintiff

and against Defendants 3 Bea’s Assisted Living LLC and Connie Stewart in an amount to be

determined upon application to the Court.



Date: November 7, 2023                                    /s/
                                                   Timothy J. Sullivan
                                                   Chief United States Magistrate Judge




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