Monday, November 4, 2019

Mortgage? What Mortgage?

When is a mortgage not a mortgage?  Apparently a mortgage is not one even if signed, sealed, and delivered to David L. Archie.  The Hinds County District 2 Supervisor-Elect is embroiled in a steel cage match over in Hinds County Circuit Court against the incumbent, Darrell McQuirter.  The Supervisor claims the Supervisor-Elect lives in District 1 while the Supervisor-Elect claims he lives in District 2.*


McQuirter filed a challenge with the Hinds County Democratic Executive Committee.  The Committee rejected the challenge.  He sued Archie in Hinds County Circuit Court.  A hearing was held Monday and Tuesday.   Archie claims he lives at 3426 Shady Oaks Street in Jackson in District 2.  However, Mr. Archie currently resides at 5852 Clubview Drive in District 1.  Earlier post on court challenge. 

The two argued at a hearing last week whether Archie had a mortgage on the Clubview home.  Mr. Archie claimed in his response to Mr. McQuirter's petition

David Archie has never denied that he is married to Niya C. Hopkins or that she owns property at 5852 Clubview Drive. Niya C. Hopkins has a mortgage on the property at 5852 Clubview Drive. David Archie is not on that mortgage.
Mr. Archie's attorney, Dennis Sweet, made the same claim.  WLBT reported on October 9:

 Sweet, who declined an on-camera interview but spoke freely about the case, said the mortgage on the Clubview Drive home is under Archie’s wife’s name, not his. WLBT story.
Well, if they say there is no mortgage, then there is no mortgage, right?  Well, there is just one problem.  Check out what is on file at the Hinds County Chancery Clerk's office.



2006 mortgage: (page 1):  30-year term for $154,800.   Signature on p.14 by only David Archie.   This is probably a HELOC because there is an ARM disclosure on p.16.  The interest rate is 9.475%.  The payments are interest-only.

2009 mortgage (p.26): Deed of trust issued to David and Niya Archie at 5852 Clubview Drive. The loan is apparently a HELOC.  The loan amount is $65,000 and is on a ten-year term.  Both David Archie and Niya Archie signed the deed of trust.


Kingfish note: CJ, you should've nailed this one instead of focusing on homestead exemptions. .  Word to the investigative reporter: When covering residency or land issues, always, and I mean always, go to the courthouse and check the land records for deeds of trust.  Always.  Tighten up, grasshopper.

*Mr. McQuirter argued the Clubview residency disqualifies Archie from representing District 2 for several reasons:

* Archie moved his voter registration from 1402 Collier in Jackson to the Clubview address in 2007.  He moved the voter registration again to the Shady Oaks address in 2010.
* The USPO returned a jury summons  for "insufficient address unable to forward."
* Election Commission received a confirmation card that was undeliverable to the Shady Oaks address.
* The Shady Oaks house was unoccupied during the election.
* The Shady Oaks home had no water service from December 2017 to August 26, 2019, the day of the election.  The would-be supervisor owed $1,240 on his water bill.
* Entergy electric meter was removed and the cover of the box was missing.  Atmos gas meter was removed.
*  Building permit tag suddenly appeared on the property on September 6, 2019.
* Archies sued their insurance carrier for denial of coverage of a claim involving their swimming pool at the Clubview property.  The pro se lawsuit states they live at 5852 Clubview Drive.
* His wife owns two Mercedes and a Honda Accord registered at the Clubview address.  Mr. ARchie owns a 2011 Tundra truck registered at the same address although he owns a 2003 Silverado truck registered at Shady Oaks.
* The Archies have a  LLC, HZ Investments, that is registered to the Clubview address since 2014.
* The Archies filed a pro se lawsuit against Travelers Insurance in July that stated they live at 5852 Clubview Drive.

JJ reported in 2017 that JPD arrested Mr. Archie for domestic violence.  The police report stated the Archies lived at the Clubview address.   Earlier post and copy of police report.

16 comments:

Anonymous said...

I don't think McQuirter thought Archie would win or else he would have fought this on the front end of the election..

Master Po said...

Hey KF. Tighten up grasshopper. Before you go lecturing a reporter, knock the dust off your law books.

A Deed of Trust is not the same thing as a mortgage.

One would be required to sign a Deed of Trust if one's name was on the deed. The DOT is only securing a mortgage - it isn't in and of itself a mortgage.

Nobody has yet produced the actual mortgage document - you know, that thing that spells out the amount borrowed, the monthly payments, where the payments are to be sent, interest rates, etc.

Yes, some of these things are also included in a Deed of Trust. But that doesn't make a Deed of Trust a mortgage.

Tighten up grasshopper, before you start your lecture series.

Anonymous said...

If there is ANYBODY who understands mortgages and title records, etc is it Kingfish!

Anonymous said...

Well, given his track record of being a perennial losing candidate for various offices, it probably seemed like a safe assumption by McQuirter.

The blame for this fiasco falls on the Hinds County Democratic Executive Committee, which should have done its due diligence in confirming Archie's actual residency to qualify as a candidate. At best they might have assumed he'd lose and didn't give a shift, or at worst they knowingly and dishonestly allowed him to qualify hoping that he could beat McQuirter.

Anonymous said...

The democratic committee needs to be pulled into this and answer why they denied the claims. I'm pretty sure I know but make them say it.

Anonymous said...

11:56 The Hinds County Democratic Executive Committee is simply not interested in dealing with this issue at all. It's an embarrassing fact of Democratic representation that they would rather sweep under the rug rather than set a precedent that would disqualify many of their potential candidates and office holders.

Burke said...

Has Sam Begley entered these documents into the record. And I also wonder, like Li Po above, where is the deed to Archie for the Clubview Property, as well as the Deed of Trust (Mississippi does not use the term "mortgage," but a Deed of Trust is effectively the same thing, and is loosely referred to as a mortgage).

You're ahead of the game, KF, but it seems that there are still missing parts.

Anonymous said...

Honestly, I don't see why this is not an open and shut case or how the Democratic Executive Committee could dismiss it out of hand. He obviously does not live where he claims as it in inhabitable, all paper work points to his address as Shady Oaks. Why isn't he disqualified post haste. Do rules not apply and if they don't why have them.--- Anyway, I live in Ridgeland but I'm thinking of running for mayor of Pelahatchie. Is that ok?

Anonymous said...

“The court of popular opinion don’t mean s$it!” she opined. David beat his a$$ at the ballot box (in the primary and run off), the democratic committee and now in the court room. That fake preaching sycophant need to bow his head and learn how to take a loss. The people have the power and they have spoken. Go home! Or should I say go to jail you burglar. Better yet, change your party to what you really are: a republican

Kingfish said...

Really? Pull the closing package and underwriting file. I'll bet that on the 1003, closing docs, hazard insurance forms, and other docs that a certain someone swore he was living there as a primary residence and it was owner occupied.

Anonymous said...

11:38 AM

When you borrow money from a bank in MS you execute a promissory note and a deed of trust. The DOT appoints a trustee to operate in case of a default by the borrower. The difference between a mortgage and a DOT is that in a DOT there are 3 parties.

You seem to think that there is a separate document called "mortgage" which David Archie must have signed. That is not the case. He signed a promissory note and a Deed of Trust.

I have no idea if you went to law school buy if you did...you should seek to have your contract with that school void "ab initio."

Anonymous said...

The first mortgage is not a HELOC. It is FNMA which is almost always owner occupied, and it is Ocwen backed so this was when subprime loans were still big. It may even be a purchase money deed of trust, but can't tell for sure (I suspect so though). It was actually closed by Larry Kennedy who in 2011 went to jail for mortgage fraud (which is actually why he may not really be living there), but FNMA loans generally require owner occupancy. They do have provisions for investment property, but they are pretty stringent.

Anonymous said...

Also homestead is really two different standards. There is the taxable exemption standard which is proved or disproved by tax assessor records and there is also the exemption from attachment provisions which are not actually related to the tax assessor records.

Anonymous said...

So much terrible information here. FNMA stands for Fannie Mae. They will do mortgages against primary, secondary, and investment property. The more telling piece of information here is that his property taxes show that the Clubhouse address is his homestead. He has filed for homestead exemption at that address.

Anonymous said...

MCQUIRTER lost get over it

Anonymous said...

"FNMA stands for Fannie Mae."

No. Fannie Mae is a sort-of homonym/homophone for FNMA, which itself is an acronym for Federal National Mortgage Association. FNMA stands for Federal National Mortgage Association. Fannie Mae is what everybody (including FNMA) calls it. So you could say that Fannie Mae stands for FNMA, but not the reverse.

Also, I don't see why the mortgage issue, taken by itself, would matter. Can't one have mortgages for multiple properties without living at them all, or a mortgage for a single property without occupying it? I once had two mortgages but only lived at one of the properties and there was nothing to keep me from switching between the two residences on any given day, or every day. Homestead exemption or something else might be a better indicator, or better yet, where does the guy sleep most nights?



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