Bank of America has asked a Jackson County judge to forgo a trial and order The Cleaver Co. LLC, Rep. Emanuel Cleaver, and his wife Dianne to immediately pay the growing balance on the loan they received to buy a car wash.
In a motion filed Thursday, the bank's lawyers told Judge Marco Roldan that the facts of the case are undisputed, and that the lender should immediately recover $1,612,704 in outstanding debt, late fees, interests, and costs. The bank also asked for attorneys' fees and other expenses.
"Defendants have raised no affirmative defense and no meritorious defenses exist," the motion says.
Last March Bank of America sued the Cleavers individually and their company, Cleaver Co. LLC, claiming they had defaulted on a 2002 loan to buy and operate a car wash in Grandview, Mo. At the time the bank asked for $1,526,738 to cure the default.
But Thursday's filing said the loan amount has increased because payments still aren't being made.
UPDATE: Here's the statement from Cleaver's office, quoting Cleaver, a Democrat:
"This is a personal business matter. It remains a pending legal matter and this is one more step in the process."
The loan is 75 percent backed by the Small Business Administration. If the loan goes into full default, the SBA and taxpayers could be responsible for more than $1 million in repayments to the lender.
A trial in the case has been set for April.
The Cleavers took out the loan for the car wash before the former Kansas City mayor was elected to Congress.