Monday, March 15, 2010

Landowner accuses Madison County and Developer of Subdividing her land without notice or her Consent

A dispute over the platting of the Longleaf subdivision has broken out in Madison County between Realtor Cherry Deddens and former 3rd District Congressional Candidate and now-developer David Landrum. Landrum owns half of Landrum & Slade Properties, LLC. Landrum & Slade is the developer for the Longleaf Subdivision in Madison.

The website touts its exclusive and reclusive nature:
"Longleaf is a high quality gated residential development in Madison, Mississippi located one-half of a mile west on Madison’s prominant Highland Colony Parkway. Located on fifty-six acres, Longleaf offers estate lots ranging from 1.6 to 3.1 acres secluded in thick hardwoods creating an “away from it all” feeling with access to every need within two miles. Access to Interstate 55 is minutes away.

A beautiful gated entrance leads through interesting terrain to each home site with building requirements of 3,500 square feet of living space. Protective covenants require licensed architect’s plans and assure long term quality and value. With Ridgeland’s newest retail addition of “Renaissance” north of Longleaf on Highland Colony Parkway and with Madison’s exclusive “Galleria” to the north, convenience is a luxury offered by Longleaf. Coupled with privacy, beauty, and secluded lots, Longleaf is an unusual opportunity for a great way of life. Prices range from $225,000 to $300,000
."

Mrs. Deddens purchased a lot in Longleaf through her two companies, D&S Builders and Castlerock Properties. (She is a partner). Longleaf had a preliminary plat at the time of purchase but the lots were sold with the requirement of a minimum area of 3500 square feet per house in the sudbivision. Copy of deed. Mrs. Deddens also obtained a deed of trust on the property through Community Trust Bank (formerly Madison County Bank) for $195,330 on July 31, 2009. The note is due in full July 31, 2010 unless modified. Deed of trust

However, Mr. Landrum approached the Madison County Board of Supervisors last month with a request to allow him to replat Longleaf. The minutes for the February 16 meeting state: "Mr. Sellers reported that the developer proposes revising said plat to develop 42 lots instead of the previous 23 lots". The Board approved the motion on a unanimous vote. Minutes

A final plat map has never been issued for Longleaf. The County approved a preliminary plat map for the subdivision in April 2007: "County Zoning Administrator Brad Sellers did appear before the Board and requested the Board approve the preliminary plat of Longleaf Subdivision" Minutes. The County approved the size of 1.5 acres for each lot. Minutes, Map (If I got the map wrong, feel free to send me a correct one).

Mrs. Deddens purchased her lot based on the preliminary plat map. However, the approved replatting by the supervisors divided her lot into two lots although she still owns the property. Mrs. Deddens was not happy with the decision and fired off a letter to the Board of Supervisors on February 19. The letter states:

"It has come to our attention that Mr. David Landrum of Landrum Development has petitioned the Board of Supervisors to revise the preliminary plat of Longleaf Subdivision on Lake Castle Road in Madison, Ms. According to the original plat, D&S Builders and Castlerock Properties, of which I am a partner, owns Lot 3 of the original preliminary plat. Mr. Landrum has now subdivided the lot that we own into two lots. We were not advised of this petition and we do not agree with this new plat that he brought before the Board last Tuesday. Unless he dissolves the loan at the bank on Lot 3 and pays the interest on said lot, we do not agree to the replatting of the original preliminary plat. We were not notified that replatting was being presented to the Board of Supervisors last week. No notification was given to us by the Board or Supervisors or Mr. Landrum." It is signed by Mrs. Deddens.

One can only wonder why Mr. Landrum did not inform the Board there was another landowner involved or why no written consent was provided along with the other exhibits. Several sources have informed JJ that under the new platting, Mrs. Deddens loses a small portion of land to "greenery" as well.

The Madison Realtor apparently has a legitimate point of contention with the Board if she was not notified of the proposed changes. There is this little thing called due process where someone like Mrs. Deddens is supposed to be noticed in order to defend her interests. In this case, she purchased a lot with the expectation she was going to build a home based upon certain representations. Such representations (price range, lot size, square footage) were relied upon by her when she obtained a 12-month note for nearly $200,000 and purchased the property. JJ can also report the City of Madison tabled the proposed water and sewer revisions last week for Longleaf. This should get interesting. Stay tuned.

Update to earlier post: Landrum apparently sold shares in the Livingston Township project. SEC Filing

59 comments:

Anonymous said...

"Landrum apparently sold shares in the Livingston Township project. SEC Filing"

This is funny! Real estate tanks then shares of the development are offered to the public. Can you say sheep going to slaughter?

Anonymous said...

There are lessons to be learned every day. Thought, I thought everyone learned "don't trust David Landrum" quite some time ago.

Anonymous said...

Not too long ago Cherry was helping David market this development and Chestnut Hills

Kingfish said...

Yeah, funny thing is, she is still on the flyer on slade's website. Nice job if her claim is true, they went to the county and didn't tell her what they were doing even though she was selling the lots for them.

Anonymous said...

Landrum's daughter is listed as an agent for Deddens on Deddens's website.

Anonymous said...

oh the tangled webs...
I inherited a home in Pearl a few years ago. It looks better and better, every time I read something like this.

Kingfish said...

Did some checking around. Deddens hasn't sold for that bunch in a year. If I were her, I'd send them a letter asking them to take me off the website but that is just me. Far as I know, that is Landrum's daughter working for her and I doubt some young girl her age had much to do with anything. Found out she was part time anyway.

KaptKangaroo said...

So if I do my math right, Madison MS is really only worth half what they claim b/c of the propensity to double
book assets on the balance sheet?!?!? ENRON/Worldcom in the making, the Evans brothers first, now we see residential example with board support! One has to wonder how much of this has gone on during the Salad Years of Madison's growth.....?

Kingfish said...

Huh? Developer apparently asked for a replat without notifying the landowner.

KaptKangaroo said...

Think about it why try to replat w/o notice? Seems pretty sly to me unless mrs. Dresden not being open (ie had notice). I would only do this to get more bank support on existing financing by subdividing... Sound familiar? Also my further leap is how many underlying financial deals on real estate in Madison (I heard the BK proceedings you posted - why are they afraid of prime real estate hitting the market) are out there just like this one with developers holding tremendous amount of land assets that, on the books, are extremely inflated based on similar practices of securing increased financing b/c requirements to completing
project require ever more amounts of financing? House of
cards...

KaptKangaroo said...

Sorry on an iPhone in the mountains of AL and not easy to
post while car bumps incessantly!

Anonymous said...

Longleaf Subdivision has not been platted or re-platted. NO PLAT HAS BEEN FILED!

It was only a preliminary plat that was changed. I don't suspect anyone thought, or even considered, that Landrum would modify his preliminary plat without the consent and approval of his partners. Cherry Deddens has been the #1 Landrum "Cheerleader" and advocate for years!

So, it is simply amazing and a true sign of the times to see the extent that a person will go when under financial stress and strain...

GREED IS POWERFUL!!! I'm not sure anything is more powerful than GREED! No wonder the Mannsdale - Livingston Heritage Preservation District has been watching Landrum and his Livingston Township development like a hawk! Be sure to see related post: "REAL ESTATE RAMBLINGS!"

Hang on... it ain't over yet!

Anonymous said...

Has anyone added up all of the debt Landrum owes on the property at Chestnut, Livingston, Longleaf, Noah's Mill? Sounds like some kind of shell game...

Anonymous said...

Poor Ms deedum and the attempt to bring forth an issue after those last two comment demonstrates their own greed and inability to be "in the know."

Anonymous said...
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Anonymous said...
This comment has been removed by a blog administrator.
Kingfish said...

I think what happened is more than a few people wanted to be big-dog developers and build high-profile subdivisions. Nice large prices for the lots, fancy homes, exclusivity, you know, the kind that plays well in certain circles. Some went nuts with the high-end developments, forgetting only so many people can put 20% down and afford 3000 a month house notes for 30 years.

Look at Landrum and some of these guys over in Lost Wabbit, part-time builders or not much experience. Everyone makes fun of Harkins but the thing Harkins has done over the years is build his homes to fit within the FHA loan amounts. Smart because there will always be a market for $180,000 and under homes.

Anonymous said...

EGO + GREED = 2X

(2X)EGO X GREED = BIG MESS FOR INVESTORS AND BANKS

WONDER IF ALL THESE BANKS ARE LOOKING AT ACCURATE FINANCIAL STATEMENTS OR EVEN THE SAME FINANCIAL STATEMENTS?

ARE THE LENDING STANDARD DIFFERENT FOR CERTAIN PEOPLE.

PLEASE LET ME KNOW HOW TO GET ON THE SPECIAL PEOPLE/CANDIDATE LIST>>>

Anonymous said...

Not sure it really matters but Landrums daughter was looking to move from the area around October or so last year. So I assume she isn't still selling for Cherry.
Not that this does anything to the price of eggs in China.

Anonymous said...

Reasons for the housing crises vary from state to state and from different areas within each state. Sub-prime was probably not as much of an issue in Orange Beach, Alabama for example, and there’s not much of a condo over building problem in the Jackson, MS metro area.

One of the contributing factors to the problems in Mississippi is it’s redneck legislature. I could be wrong but think one would find that the Home Builder’s Association believes and lobbies for licensing requirements for constructing, what is for many of the end user customers, if not most, the largest investment they will make in their lifetime; their home.

Somebody correct this if not exactly accurate, but in order to get a real estate sales license in Mississippi, one must have the equivalent of 9 semester hours (including post licensing), become licensed, and attend continuing education every two years thereafter. In order to become a Broker, 15 semester hours. All of this just to SELL houses.

However, since Mississippi’s legislator is littered with redneck hillbilly’s, who might for example have a fireman son in law, who builds a house or two on the side when not drawing his fire department check, and GOD forbid that this side job entrepreneur might have to study some and actually get a license, anybody who can fog a mirror can pull a building permit to construct a home.

So, Mississippians not only have to worry about structural and other problems which could be drastically reduced with some education and licensing, they have bankers, pharmacists, pharmaceutical reps and everybody else who can find a way to get paid by their employer while being home builders on the side, helping over supply the housing market.

Welcome to Mississippi.

Kingfish said...

Yup.

Actually it wasn't subprime that was used in Orange Beach but alternative prime financing. The hot product for a while several years ago was the Interest Only loan, especially the one month interest only back in 03 and 04. ABN AMRO, GMAC, and the rest of them offered them for the most part. Then the lenders came up with limited review for condos, which relaxed the appraisal requirements. there were several lender tricks going on down there.

Anonymous said...

Not all of the MS legislature is not as dumb as you describe in the comment above. After a tourism incentive bill was amended in a Senate committee to include tax incentives Landrum's Livingston Project, the leadership learned of the THREE liens and the measure died. We understand he is also seeking financial support for the project from the Mississippi Development Authority and some sort of earmark from our Congressional Delegation. Let's all pray they don't fall for his BS, and become prey.

Anonymous said...

Looks to me like Landrum has screwed over the wrong people.

When you try to run with the “Big Dogs”, they expect you to pay to stay in the race. If you don’t pay, they don’t let you play!

Speaking of races, if Landrum had developed Chestnut Hill/Livingston when he had the chance and not spent all of his money and time on running for Congress, he wouldn’t be in the money crunch that he is in right now.

This is what happens when people who have no business getting into Real Estate think they can just smile and look cute and everything will be alright and things will get done. It actually takes hard work and know how to build developments and it looks like Landrum is short on both.

Unknown said...

well landrum snookered the BOS with the rezoning of Chestnut Hill and that is a shame! Check ot the recent minutes whre they did not listen to the residents opposition and rezoned to the detiment of the Historic value of he site!

Kingfish said...

link?

Anonymous said...

No final plat or deed has been filed subdividing Mrs. Deddens property. Check the Chancery Clerk's office if you disagree. You will see that I am right. Nothing has been subdivided.

What was approved was a preliminary plat. That is nothing more than a concept plan that must be approved before construction plans can be designed. If Mrs. Deddens owns some of the property, and it appears that she does, then Mr. Landrum will have to satisfy her before he moves forward. Otherwise he cannot construct or subdivide (file a final plat).

Somebody is making a mountain out of a molehill on this.

Now if Mr. Landrum is violating some sort of prior agreement or contract with Mrs. Deddens, then that is a different issue. However, approval of a preliminary plat is not subdividing property.

Anonymous said...

Yep. No big deal at this point. A preliminary plat is like kingfish drawing up a meal plan and posting it on this site showing that he would add hamburgers to the menu at the Madison Chick Fil-A. He can draw up the new meal plan all he wants, but he can't implement it until he actually owns that particular restaurant or gets the owner's permission. Otherwise the menu is worthless. It is a concept.

A preliminary plat is a concept approved before construction plans are drawn, permits are gotten, construction is commenced and a final plat is filed. No big deal (at this point anyway).

Kingfish said...

I think I did say preliminary.

Anonymous said...

Kingfish, you did say preliminary. However, many people reading this blog don't know the difference between a preliminary plat and a final plat. A preliminary plat is meaningless when it comes to the selling, buying, partitioning, subdividing, or any titling of property. It is a concept sketch. Therefore by submitting a preliminary plat, he has not subdivided anything. He is just showing a plan for how he would like to eventually subdivide it (in this case after he works things out with Mrs. Deddens).

A final plat is different. It shows the partitioning of property and has an owner's certificate. Lots can then be conveyed with the deed description referencing the lot on the record final plat.

Anonymous said...

I think to keep on point, the issue, is why replat? I say its to obtain more funding, further delaying the inevitable.

Kingfish said...

Problem is Deddens bought a lot with a loan. The replat takes away some land from her, I imagine Community Trust and Ms. Deddens have something to say about that. Also you will now have these small lots and cookie cutter homes.

Another point on some of his other developments: Northside Sun story said the lots would go up to half a million dollars. For the lot. Anyone see a problem? Story

Anonymous said...

I am assuming he is replatting for better marketability (just my assumption). He will have to appease Mrs. Deddens and her lender before he does any replatting. However, a preliminary plat is not replatting. He will have to deal with Mrs. Deddens and her lender before it is over with. There is absolutely no way around it. None.

Kingfish said...

Yup. This goes back to the question of how many people can afford expensive homes in Jackson area. Some of the haters make fun of the downtown development but the rents and notes go for less than 1500 a month in most cases. Will always be a large segment of the population that can afford that. That is why I think those projects and future ones will work even now, because they are still affordable. However, not many can afford 2000 and up a month as some of these developers are finding out.

Anonymous said...

Welcome to MS attempt to mimic the Wall Street debacle AKA Pyramid Scam. The fact is, the land is worth very little except in Jackson Metro, and, Jackson Metro is not SoCal, nor is it FL, so their attempts to inflate land values through creative financing and "keeping up with the Madi-Joneses" will wind up falling like....a....house....of....cards. I've been a homeowner in several markets like this in major metro areas and frankly, MS is due for a MAJOR correction via Madison. Just giving you my line of sight on the "writing on the wall."

Anonymous said...

Anony 7:05, Madison's market has been correcting for years now and for developers, its not getting better anytime soon (due to far too much supply). So, if you’re talking about a MAJOR correction in land prices, well, that’s already happened and happening, especially with commercial. However, a MAJOR correction via Madison in the housing market, similar to what has occurred in the City of Jackson, is highly unlikely. Two main reasons are sub-prime was not as rampant in Madison/Rankin as in Jackson; and Jackson’s crime is Madison/Rankin’s best advertisement.

Anonymous said...

Agreed on all points, however, I see don't see a bottom yet on Madison RE, rather, I see a leading indicator of times to come.

Anonymous said...

It looks like Ms Deddens is trying to use this to force Landrum into overpaying her for the lot. Looks like she is playing both ends against the middle. You might want to look at the fingers pointing back at her as she points the finger of accusation at Landrum.

Anonymous said...

It appears that Landrum and Slade are trying to make smaller, less expensive lots so that more people can move to this area of Madison County. Who are his detractors trying to keep out?

Anonymous said...

I think the point of concern is that these questionable developers are selling 'concepts' and LOTS at a high price with HIGH expectations for the neighborhood; first by showing exaggerated preliminary plats, then changing them, reducing lot sizes, square foot requirements and then getting official plats approved. Sounds shady...just like all of the layers of loans on these properties...just go look at the list of loans listed in the Real Estate Ramblings posting.

Anonymous said...

One has to wonder how the property owners in lovely custom build homes on large lots surrounding Longleaf and these other questionable developments feel about all of this... and how small $100.00 per square foot homes on postage stamp lots will affect their property values.

Anonymous said...

Some of the haters make fun of the downtown development but the rents and notes go for less than 1500 a month in most cases.

What is being sold downtown Kingfish for < $1500 monthly?

Kingfish said...

There is no major correction going no in this are nor will there be. The houses that were priced under $200 or so are pretty much staying there. I don't consider a 3-5% change in price anything but a fluctuation. The more expensive homes have come down a bit but thats not enough to be considered a market correction as in other states.

What I think happened is several developers overbuilt on the high-end side and forgot only so many people even in good times can afford $400,000 homes. I think even without a recession some of these implosions would have taken place.

I also fail to see what Ms. Deddens did wrong. She purchased a lot based on the representations made to her and borrowed a large sum of money. Then they tried to change things on her without her knowledge and that included taking away part of the land she owned. She has every right to cry foul.

Anonymous said...

stay tuned - landrum's latest activities will probably result in him gettin' his head rolled.....i believe he has flown too high this time!

Anonymous said...

Kingfish, what is being sold downtown for < $1500 monthly?

Anonymous said...

hey, anonymous 3/18-12:06 PM...don't tease us...what else do you know...inquiring minds want to know...

Anonymous said...

Find the notes yet Kingfish? Why is it so hard to back up your claim?

Anonymous said...

The Bottom line is Slade and Landrum didn’t know what they were doing or how to develop and market Longleaf. Slade left Landrum holding the bag and now Landrum he is trying to come up with a new plan to try and get this off his hands. His ineptitude and ignorance in the Real Estate business is showing and I doubt very seriously that he even knew that he would have to have the approval of all of the landowners in Longleaf to re-plat the subdivision. I bet he was actually shocked to find out that he was not following the proper procedures. If ignorance is bliss, this guy must be happy as hell!

Kingfish said...

I know people in the King Edward living there for less than $1,500 a month.

Anonymous said...

Who have a mortgage? The KE is selling units? You used the word "notes".

Kingfish said...

I wrote rents and notes.

Anonymous said...

Here are your words, again:

This goes back to the question of how many people can afford expensive homes in Jackson area. Some of the haters make fun of the downtown development but the rents and notes go for less than 1500 a month in most cases.

So where are the notes downtown? Which units downtown are being sold?

QB said...

The City View is selling units.

Anonymous said...

Have you been there? City View is next to empty. How many have they sold? 1? 2? 3? It isn't downtown. Not a big market for small 800-1000 sq ft condos north of $200k. There's a reason why they don't advertise prices.

QB said...

I have never been inside the City View and I have no idea how many units they have sold. I was only making the observation that to my knowledge, they are selling units rather than renting them.

Anonymous said...

Looks like Kingfish is using rental housing to make a point about purchase housing affordability and, oddly, to take a shot at people who question the civic ROI on the redevelopment effort downtown. Its an apples-to-oranges comparison.

Kingfish said...

Yes, I am to some degree. Here's the point: there are projects going up downtown and also in the burbs. Seems that the ones getting in serious trouble are the ones that require people to carry large notes. Seriously, there are only so many people who can afford $2,500 a month notes. The ones downtown, and although some is rental it is still new housing construction, haven't had the same problems as one, they are not overbuilt as the notes and rents are more affordable. Landrum was selling lots starting at $200,000. That is the lot, not the house itself. That is my point. Now ihe and other builders are scrambling

Anonymous said...

The ones downtown, and although some is rental it is still new housing construction, haven't had the same problems as one, they are not overbuilt as the notes and rents are more affordable.

Where are the notes downtown Kingfish? You haven't named one building downtown that isn't rentals.

Drew and Kristin Gorney said...

update to this?

My Client Will Fight This said...

Landrum just snookered the Board again on Chestnut Hills. Yesterday (3/10/17) Planning and Zoning approved his petition to replat with no public hearing. It now heads back to the Board.

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