April 28, 2016 ‘’ Director John McTiernan Ratchets Up War Against Bank That Kicked Him Out of His Home He claims that First Interstate Bank took advantage of his -related misfortune with a bait-and-switch scheme. By Eriq Gardner

Having been kicked out of Brian Mahany, his home, John McTiernan is now accusing First Interstate Bank of swindling him. McTiernan’s attorney, The director of such asserts that others may have blockbusters as Die Hard, The Hunt for Red October and been victim of predatory went to jail in 2013 over false statements made to the FBI during its investigation practices, adding, “A lot of into the activity of private eye Anthony Pellicano. When he got people don’t feel like they out of a South Dakota prison the bank’s heavy-handedness in February 2014, he found can fight back or don’t know for a short while, First Interstate himself in the midst of a war-of- Bank was ultimately successful words with the bank that held how to fight back. When in having a liquidation plan debt secured by his 3,254-acre accepted in bankruptcy court. ranch in the heart of Wyoming. No longer incarcerated, we are successful and get McTiernan demanded time to McTiernan plotted a Hollywood sell the ranch for its full value, comeback, and told the judge punitive damages, it will but the bank called his plan to of a forthcoming Top Gun-type pay debts a “pipe dream” and film starring plus spread hope to others. doubted the director’s cash flow other potential projects, and projections. After liquidation while he was able to stave off was approved, priming the way

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for a forced sale of the ranch, a Meanwhile, he launched an Meanwhile, the loan reached bankruptcy plan administrator adversary proceeding against maturity. brought a motion to require First Interstate this week. him to vacate the property. Around the time of his jailing, McTiernan objected, but on The complaint begins with a McTiernan suffered financial Wednesday, he filed court quote from Thomas Jefferson (“I pressures. The IRS at one point papers with pictures of the believe that banking institutions put a lien on his property while vacated premises. are more dangerous to our his ex-wife Donna Dubrow was liberties than standing armies”) owed spousal support and was “The McTiernans are not and alleges that shortly after pursuing a privacy invasion setting up another household,” he was charged by federal lawsuit connected with the states his court papers. “They prosecutors in 2006, the bank hiring of Pellicano. are emigrating. Asking that came to him as “a wolf in sheep’s they squat in the local motel clothing” with an offer to give The bank’s loan was not while packing the rest of their him a “revolving line of credit.” extended despite what belongings will accomplish He now asserts that its true McTiernan alleges was nothing, and can only be seen motivation was to seize the represented to him. The as vindictive, particularly since ranch from him. director was also upset about they are and will continue to an appraisal done on the ranch, be charged more than double For a $5.5 million loan, which he says was lowballed at normal mortgage interest for McTiernan was paying a $8.95 million “to assist FIB in several months into the future.” variable interest rate that was encouraging McTiernan to sell as low as 3 percent in 2009, the Ranch at a below market McTiernan is currently staying but climbed to 8 percent in price.” in a “manager’s house” next to 2012. He says he attempted to his offices. access the promised revolving Before he went to jail, line of credit, but was denied. McTiernan says he was forced

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to sign a “Change in Terms to fight back. When we are Agreement” that headed off successful and get punitive an immediate foreclosure, damages, it will spread hope to but provided that if he was others.” incarcerated, he would be in default and that the interest The bank’s attorney hasn’t would climb to 11 percent. Put responded to a request for in jail, the director says the comment. bank “seized on McTiernan’s misfortune” and got him to incur $600,000 in interest. He considers what happened to be a “bait and switch.”

He’s now suing First Interstate for economic duress, breach of fiduciary duty, breach of the implied covenant of good faith and fair dealing, breach of contract, fraudulent concealment and fraudulent inducement.

Brian Mahany, McTiernan’s attorney, asserts that others may have been victim of predatory practices, adding, “A lot of people don’t feel like they can fight back or don’t know how

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