Epic leaders face $3 million foreclosure lawsuit as president continues to evade court

MINOT, N.D. — A subsidiary of the now

defunct Epic Companies

is being sued for $3 million after a bank says it hasn’t received mortgage payments for property in Minot.

The foreclosure lawsuit was filed Oct. 18 in Ward County District Court against Henry Land Holdings, which is owned by Epic Holdings.

The lawsuit names Epic Companies president and founder

Todd Berning,

as well as Vice President Brian Kounovsky. It also lists William Gokey II, vice president of the Pepsi distribution Northern Bottling Co.

Henry Land Holdings owes $3 million on several lots in the Highlander Estates subdivision in far southwest Minot, according to the lawsuit filed by Bravera Bank. The mortgage has been in default since Sept. 4, according to a foreclosure notice.

Epic Companies suddenly closed in May and filed for bankruptcy shortly after.

Leaders of the company that once was one of the most active real estate entities in the Fargo-Moorhead area have kept quiet about the closing. Several of Epic’s properties have been taken over by other companies.

Just like in a lawsuit filed last month in Cass County, court summons could not be served to Berning because he no longer lived at his West Fargo residence, according an affidavit of nonservice. Minot-based 7Seven Property Partners is seeking more than $500,000 in damages from Berning for an unpaid loan to EOLA Capital, which is also part of the bankruptcy, according to court documents.

Berning could not be found, so court officials could not serve the summons in the 7Seven case, despite searches in West Fargo, Minot and Minnesota, according to The Forum’s reporting.