Thursday, June 17, 2010

Another Substitute of Trustee notice filed against Sartain

Another Substitute of Trustee notice was filed in the Madison County Chancery Clerk's office against J. Parker Sartain, the developer for the controversial proposed apartment complex in Canton. Mr. Sartain and his company, Germantown Properties, issued a deed of trust to First South Farm Credit on May 31, 2007 for $271, 920. The note was due in full on May 1, 2010. Deed of trust. This is the third such notice filed against Mr. Sartain in the last few months. One was for $277,262 and the other was for $100,319.

The TIF bonds approved for development state Sartain's company, First Choice Development, LLC, is the primary developer. The question must be asked if the county is providing TIF bonds for a developer that is in trouble and may not be able to complete the project. Substitute of Trustee notices are not filed unless the borrower is several months behind on his mortgage payments. Mr. Sartain has had three such notices filed in the last 120 days on loans on his properties. A Substitute of Trustee Notice usually replaces the trustee for the loan with an attorney who can then file foreclosure actions against the property. The Canton Zoning Board, Canton Board of Aldermen, and the Madison County Board of Supervisors should demand from Mr. Sartain his financial statements, credit report, and a full accounting of his financial condition before it moves one step further in either issuing TIF bonds or approval for this project.

Earlier post

47 comments:

Anonymous said...

once again your ignorance of Mississippi law surfaces. filing a substituted notice of trustee is NOT a filing in "court"; it is a filing in the land records and it, standing alone, means nothing.

yes, it is the first step in a non-judicial foreclosure in most cases, but its not a lawsuit or judical decree or any kind of a judgment. if you are going to report this kind of thing, report the full details.


shape your reporting up on land issues please, for otherwise, you have an entertaining and informative blog.

Kingfish said...

Pay attention. I did not say lawsuit. I did not say it was part of a foreclosure proceeding. I said they are "usually filed before a bank moves for foreclosure proceedings against a debtor".

that is an accurate statement of STN's and how they are used. Ignorance indeed.

Shape up my reporting on land issues? Go to hell. I've got the best damn reporting in this entire state on land issues.

Anonymous said...

Damn right.

Anonymous said...

It appears that a fool and his money shall soon be parted KF. If they take the tact they commented originally, I fear they will lose their case. What a poor attorney these jokers have hired. Kudos to you KF. And, DAMN STRAIGHT, you do have a fine understanding of the f-ed up land issues in this state!

Anonymous said...

I do believe Sartain protests too much.

Anonymous said...

So Sartain owns the land. Who is the apartment complex developer trying to buy it (or is this another property)?

Anonymous said...

pay attention. your post says it was filed in "Madison County Chancery Court...".

you pompous arrogant ass.

Kingfish said...

Sartain is the developer. The TIF bonds name him as the primary one through First Choice.


"pompous arrogant ass"?

Get used to it.

Anonymous said...

Court changed to Clerk now Mr. Sartain. You can go back to rectifying bad loans.

Anonymous said...

I will give my 2 cents worth about Kingfish's reporting. I read this blog daily. I am not a developer, but I work in a position where I deal directly with developers, cities, counties, realtors, etc. every day.

I thinks Kingfish's reporting is some of the best that I have seen. However, often highly important tidbits of information are left out of the reporting. These items often would make a huge difference in clarifying the story. I know this because I was involved in one story (not this one) that was discussed on here. Kingfish's facts on the issue I was involved in were substantially correct, but a few important items were missing. Was kingfish wrong? Not really. The items missing could only be known by those who were part of the deal and had read every fax, been part of every phone call, attended every public and private meeting, and seen all documents (both recorded and unrecorded). There is no way for Kingfish or any other reporter/blogger to do that.

Therefore in summary, I think Kingfish does an excellent job in reporting on items. Probably the best around. However, often there is more to the story than any of us know, or could know.

Anonymous said...

Do tell 9:25 AM. We are all for transparency, or is that just a Presidential thing?

Anonymous said...

9:40, transparency only applies in public issues. People are not required to disclose private issues.

Example: If I sign a contract with a neighbor stating I will mow his yard on a regular schedule, the terms of that contract are private between me and the neighbor. We are not required to publicly disclose the terms of our private aggreement to the world due to "transparency". We would be do nothing illegal by holding the matter private. Kingfish will agree I think.

Another example is that you are not required by "transparency" to disclose to me how often you have sex with your wife, how much you paid for your refrigerator, how many books you own, or how much you pay someone to clean your house. Those would be private issues that are not required to be disclose publicly.

Anonymous said...

I am the poster at 9:40. Please excuse my typographical errors. I need to do a better job proofreading.

Kingfish said...

all they have to do is email me. I have no problems talking to someone. Just because they tell me something doesn't mean I print it. Often such conversations help me in more ways than one. Not just getting a little tidbit of info but often I want to know what the big picture is or what the relationships are.

Anonymous said...

9:55 Don't know who you are, but you do like to critique my posts. Troll.

And re:transparency regarding the post you referenced; what facts were left out and would you consider those facts "having sex with your wife?"

KaptKangaroo said...

And 9:55 I think you need to study up a bit on "tongue in cheek"; it would help in defining your criticism better. Please share your belief of "typographical error."

Kingfish said...

All right everyone, stay on-topic. Topic being a developer trying to get permission for a project and the county issuing TIF bonds for developer that might be in financial trouble. I said might.

Anonymous said...

Kingfish, I don't believe counties or cities should meddle in a developer's finances to rezone or approve a project. I believe that is goverment intervening in a place that they should not. Let the developer sink or swim on his own. That is free enterprise.

However, if TIF bonds are being used, or a PID is formed where a county or city is backing the bonds, then that is a different story. That makes the developer and city/county somewhat like "partners" or "co-signers". When you are partners or co-signers it is advised that you would explore the financial health of the other party in order to ensure that they can hold up their end of the bargain and that you aren't left holding the bag.

Anonymous said...

well, at least you changed the post from "Court" to "Clerk" and thus, making it accurate in that regard. so, at least, you are a BIT less pompous and arrogant.

Sincerely,

7:52

Anonymous said...

King Fish for President !

Anonymous said...

7:52 - shut up and go away. No one else cares about the nits you delight in picking.

KF - thanks for looking out for my taxes (which is more than my Superviser is doing in Madison Co)

Anonymous said...

3:34 thanks for your input. his post was materially misleading before he changed it in response to my pointing out his error. his response was arrogant and pompous, just as you are, but at least he realized the difference between court filings and land records, which you probably don't understand, but he is an attorney and should have known better. at least he does now, hope you can too. I'll continue to point out such mistakes; it will make this blog even better and more accurate.

Kingfish said...

You're a f'n liar. was NOTHING misleading about. NOTHING AT ALL.

Don't like it? Get lost.

Kingfish said...

As for the earlier comment about whether the county and city should see financials, if TIF's are involved, absolutely. If its just a zoning request, no but since TIF's are involved, he gave up his right to financial privacy, especially when three notices have been filed.

Anonymous said...

KF, or FK whichever fits now, I'll continue to expose your gaffs. live with it.

KaptKangaroo said...

Hey JackAss, maybe you should get a handle so we can identify the stupid comments. Thank you, have a nice day and eat dog poo.

Anonymous said...

well, Kaptain very likely aka KF, your intellect mirrors the age of your namesakes audience. get back to us when you mature a bit.

Anonymous said...

Everyone has an opinion but as the truth has been shown here today they also have assholes!!!!
For the last two years or so the economy has been the pits and most of us have had to change our lifestyles somewhat and been very careful on future spenditures. The problem I have seen through all of this is the chosen ones who live beyond their means and do not think of how I can pay for it if the pipe dreams do not fall in place are hurting and as usual it is always someone elses fault.
And now these chosen ones would like someone else to get hurt but not them. Wrong, wrong.....
But the taxpayers have to keep voicing their opinions because the politicians will keep helping the chosen ones because that is how they make money and get their war chest to keep running.
Sorry that greed has let the chosen ones believe they are the only ones out there but with BLOGS like this, this only helps the taxpayers become educated on all these matters and that is to bad that it is pissing you off you chosen one!!!

Anonymous said...

6:51 thanks for an articulate and inspiring comment. those chosen are now properly chastised.

KaptKangaroo said...

Well sir, now that I have your attention, I will perhaps take you "mature" little diatribe regarding hen-pecking to a new level. I imagine you, as I was once accused, sitting in your underwear, on the couch, house smelling like a wet cigar, throwing epithets b/c someone challenged your foolish attempts to quell dissent. I welcome your slipper wearing, bathrobe hanging, sorry piece of human excrement to BRING IT.

No rats were hurt in this rant.

KaptKangaroo said...

And I rarely swear.

KaptKangaroo said...
This comment has been removed by the author.
Anonymous said...

someone please get this diseased person some help. soon. no. now.

Anonymous said...

Kaptain they (developers) do not have to lose they have to be smart and I do not think that is any characteristic of these opinioned assholes today!!!
But do not let them upset you because they feel they are winning even if he is sitting in his boxers or whinning to his creditors.

KaptKangaroo said...
This comment has been removed by the author.
KaptKangaroo said...

And who is waiting for us to comment? Take your meds and your laxitive, let us all get back to serious discussions about exposing your inability to do the right thing.

Anonymous said...

Rut Ro!!! Someone get the nitro...impending heart attack...impending stroke....

KaptKangaroo said...

And let me say this, I've know of many developers who ARE BUILDING; Who's creditors are begging for more business; Who do not take a dime from the public to pad their pipe dreams. Don't know about the rest of you here, but if I received two notices of impending doom, I would probably realize I tried to eat the entire elephant, instead of trying to eat it one bite at a time.

KaptKangaroo said...

I will say, while this post is an interesting example, I wonder if this is evidence of things to come. We know clearly about the residential meltdown, and we have heard about the impending commercial doom and gloom. I've been waiting, and I wonder, given the current frailty of the economy, are we AGAIN, teetering on the fine line of another recession due in part to the commercial real estate speculation? If yes, I say, just like the residential folks, we let them understand, living beyond your means is no way to live. I've said this before, if you didn't earn it, and you leveraged it to the hilt, and still chose to live beyond your means; you deserve to lose it all. Period.

Anonymous said...

roo needs a sed-a-give.

calm marsup, calm.

KaptKangaroo said...

Eh mate, got me a cold one. How's the Ensure? Doin' just fine out here...

Anonymous said...

good for you roo.

good night. have a nice weekend.

KaptKangaroo said...

dpn't woo mwean a wice neekend?

Anonymous said...

“Duane O’Neill is a huge bargain to the whole metro Jackson region, even if we paid him more than he’s now making. The review that was conducted when his salary was set was a consequence of a review of similarly situated cities around the country.”

If you read the article this came from, he manages 4x his salary. When I was in my late 20's, at this level, I managed 50MM so I wonder; is he overpaid. Yes.

Anonymous said...

When I was in my late 20's, at this level, I managed 50MM

Of course you did and we all believe you.

Anonymous said...

Don't care if you do.

Anonymous said...

I still say Roo needs his a** kicked from Hal & Mals to the bus station and back.



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