Tuesday, November 24, 2009

State: Steadivest Operated a "Ponzi" Scheme, Issues Cease & Desist Order. Investor Obtains Million Dollar Judgment

See section in sidebar for a collection of all posts on Steadivest.

The Securities and Charities Division of the Mississippi Secretary of State's office issued a Summary Cease and Desist Order against Steadivest on November 18, 2009. Copy of order. Steadivest is currently in Chapter 7 bankruptcy. Several investors sued Steadivest and several officers alleging they engaged in a scheme to defraud investors for several million dollars.

Steadivest is a collection of companies engaged in several activities related to real estate: mortgage lending, buying and selling properties, new construction, renovations, managing real estate portfolios, and selling promissory notes allegedly secured by real property to investors.
The Steadivest Companies and their officers are:
Steadivest Development: Marshall Wolfe (member)
Steadivest Capital, LLC: Marshall Wolfe (member), Patrick McCraney (registered agent), Jack
Harrington (member)
Steadivest Contrarian Fund: Patrick McCraney (member), Kelly Simpkins (registered agent)
Steadivest Properties: Marshall Wolfe (member), Kelly Simpkins (registered agent)
Steadivest Lending: Marshall Wolfe (member), Kelly Simpkins (registered agent)
Steadivest Resources: Jack Harrington (member), Kelly Simpkins (registered agent)

The order states Steadivest is a "holding company that offers real estate investment, property management, and bridge loan lending". Unfortunately for Steadivest investors, the State also said Steadivest was an elaborate "ponzi scheme". Steadivest sold shares to investors, raising $1,585,000 and spelled out to them in a Private Placement Memorandum (PPM).

A Private Placement Memorandum is "A legal document used in the private placement industry that gives investors details about a company’s business plan, investment information, and other pertinent details. Private placements are offerings of stocks or bonds that institutions or accredited, wealthy individuals may participate in, but which the public at large is excluded from." (Webster's)

The State initiated an investigation on May 26, 2009 after several complaints were filed with the Securities Division. The State found several violations.

Steadivest guaranteed the "investment funds would be held in escrow.... However, Steadivest failed to hold these funds in escrow." The State ruled Steadivest's actions showed "it had no intent to comply with the escrow terms" promised to investors. Steadivest would instead deposit the funds into its checking account where it was "commingled with Steadivest's operating cash" and that Steadivest used the investors' money to "pay bills and support the daily operations of the corporation."

Steadivest promised to maintain an open set of books that members could examine upon giving reasonable notice to the company. Unfortunately for the investors, Steadivest "never produced a single audited financial (statement)" and investors were never able to see the books.

The State stated Steadivest's presentations to the investors were of a "fraudulent nature" and that the escrow accounts were kept empty as the investors money was used to "prop up" the company instead of the intended purpose for the funds. Steadivest also used funds to prematurely pay off promissory notes held by Jack Harrington, a member of Steadivest.

Steadivest represented to investors the company was purchasing homes for a low price, renovating them, and then flipping them for a profit. The State said the figures used to show how this could make a profit for the company were "engineered solely for the purpose of fraudulently enticing investors." and that there were no profits made on these homes.

The Securities Division ruled "Steadivest mislead and deceived its investors in order to pay off mounting debt and keep its numerous subsidiaries afloat. In a "Robbing Peter to Pay Paul" Ponzi scheme, Steadivest mislead investors through a PPM (private placement memorandum which told investors where money would be spent) which Steadivest had no intention of honoring; through material misstatements of its CEO, Marshall Wolfe, and through material omissions in sales presentations and materials presented to its investors."

The State ordered Steadivest to Cease and Desist immediately from "further illegal activity". If Steadivest violates the order, the State can fine it up to $25,000 and imprison company officers up to five years in jail. Steadivest can request a hearing if it so desires.

It is also important to note several members of Steadivest were disciplined by the State in 2005. Marshall Wolfe was fined $10,000 and the State suspended his securities license for six months for selling promissory notes on real estate deals for MTW, a company he later owned (It was initially owned by his wife, brother-in-law, and Joel Travelstead. Wolfe later became a part-owner.) behind his employer's back to his clients. His employer, Bancorp South, discovered his double dealing, fired him, and reported him to the State. The Cease & Desist Order stated he committed the same violations while working for his next employer, Trustmark. The State ruled he sold unregistered securities and fined MTW Investments, an additional $10,000, as Wolfe sold the unregistered securities for MTW. Copy of earlier Cease & Desist Order

One investor, Bobby Isonhood, filed suit in August in Madison County Circuit Court against Marshall Wolfe. He obtained a default judgment which was entered against Mr. Wolfe on October 28, 2009 for $1,184,604. It is also unknown as to whether Mr. Wolfe or the officers of the Steadivest companies are the subject of any further investigation by federal or state authorities.

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Update on Evans hearing today

This post will be short and I'll write more later.

There was a hearing in Bankruptcy Court today as a sea of gray suits flooded the courtroom. Here are some quick notes taken during the proceedings:
*The judge stated he will probably order all of the "parent" tracts of land sold and then work out how to split the proceeds of each sale among the banks claiming liens on portions of each tract.
*MVT caved against most motions or responses filed against it by the trustee, Derek Henderson, Cadence Bank, and the Kristi Johnson Group: State Bank, First Bank, Bank of Forest County, & Holmes County Bank
*Judge Olak and Mr. Henderson stated that the entire action in Madison County Chancery Court will be removed to the Bankruptcy Court in the next few days
*Neither Evans brother appeared in the courtroom.
*Mr. Renfroe of Merchants & Planters Bank provided the comedic moment of the day when he attempted to foreclose on a property even though 1. His bank had second lien on the property, 2. the value of the property was less than the amount of either lien, 3. The property was cut in two by a gas line and had no access, and 4. He had no clue what the value of the parent tract was or who the other banks involved were. In effect, the property was almost worthless without any access.
*MVT dropped its "emergency" attempt to conduct its own examination of Mr. Evans finances and the assets and liabilities involved. Instead two examinations will be held that are open to all of the creditors.
*No title insurance claims were addressed.

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Monday, November 23, 2009

State issues Cease & Desist Order against Fine Arts Institute of Mississippi, Seeks to impose administrative penalty

Copy of Order


A little bit different than the sob story he told on Kim Wade's radio show.

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Vicksburg Evening Post: Tax everyone else but us

Well, Charlie Mitchell, Executive Editor of the Vicksburg Post, wants Mississippi to implement an internet sales tax. He opines:
"Through 2007, a University of Tennessee study showed Mississippi had already lost out on $624 million in sales taxes on e-commerce and would miss out on another $462 million in 2008. Online holiday retail sales will grow 8 percent this year to $44.7 billion nationwide, predicts Forrester Research. Mississippi is losing about $500 million this year - or about 7 percent of all sales taxes due.
An interesting aspect of that number is that it's approximately equal to the amount the state budget is predicted to fall short by the end of June.
There's nothing the Legislature in Mississippi or any other state can do about this. Only Congress can change the law..." Column

However, there is one little thing Mr. Mitchell leaves out of his love letter to the tax man: newspapers are exempt from sale taxes:
"The tax levied by this chapter shall not apply to the following:
(b) Sales of daily or weekly newspapers, and periodicals or publications of scientific, literary or educational organizations exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code of 1954, as it exists as of March 31, 1975, and subscription sales of all magazines." Section 27-65-111 of the Mississippi Code.

Perhaps Mr. Mitchell should lead by example and lobby for his own taxes to be raised before he raises our taxes instead of mooching off of the rest of us.

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The coming dollar implosion?





Beck last week discussed the dollar carry and how our deficit financing and devaluation of the dollar are going to impact the economy. Yes, I know, some of you will say its Glenn Beck and he gets out there at times. However, when he is on, he is really on. His two shows on the housing crisis and how Goldman Sachs has gamed the system explained those two issues better than anything else I've seen. Even some liberal friends had to admit he was on the money. Grab the beer and popcorn and enjoy.

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Condo financing continues to disappear













List of FHA-approved condo projects in Mississippi on FHA's website.


Last week's fight over the Mandalay project highlighted a problem more condo developers are facing: How are homebuyers going to finance a condo purchase in a new development? While Fannie Mae seriously injured the ability of developers to sell new condos by requiring no person or entity can own more than ten percent of the units in a project, developers still had refuge in the arms of FHA, which had easier underwriting guidelines for condos and insured mortgages up to $271,000 (in Mississippi) to borrowers.

Unfortunately, FHA is about to tighten the rules for condos. Housingwire.com reports unless condo projects were approved by FHA in the last 13 months, all projects have to get re-approved by FHA. However, the deal-killer are the limits on how many units a developer can own:
"one investor may own no more than 10% of units. For two and three unit projects, no single investor may own more than one unit.

No more than 15% of the total units can be more than 30 days past due on their condominium association fee payment. At least 50% of the units must be sold before any mortgage on a unit can be endorsed. However, the FHA will temporarily reduce the pre-sale requirement to 30%.

The letter also states that the FHA will cap concentration. Projects of three or less units cannot have more the one FHA-insured unit, and projects of more than four cannot have more than 30% of total units insured by FHA.." Article , Copy of FHA letter

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Need suggestions

Next poll: Top divorce attorney in Jackson. So far my list is: LC, John Reeves, Chinn, Varnado, William Wright, Monte Caldwell, Lee Agnew, Chris Tabb, and Bill Featherston. Very incomplete list so feel free to make suggestions.

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Sunday, November 22, 2009

LSU moves up.

Congrats to Ole Miss yesterday. It would be so tempting to blame the loss to Ole Miss on the complete stupidity of Les Miles and Gary Crowton yesterday. The examples are almost too numerous to list. Passing the ball repeatedly after getting into field goal range with a minute to go, letting 17 seconds or so run off the clock before running the last play, letting another 26 seconds pass by when the FG unit could have been running on the field so T-Bob could snap the ball when the whistle blew, the onside kick in the first half, running the same stupid play twice for a two point converstion, or the inexcusable play calling by Gary Crowton. The last minute of the game was one for the ages as shown in this video:



But I'm not going to put the blame on Les Miles. Ole Miss came out ready to play and in the second half, they looked like they wanted it more while most of the time, LSU looked like it was going through the motions. LSU never could figure out how to stop the Ole Miss blitz and Ole Miss whipped LSU's line on both sides of the ball. Hard to beat a fired up team like Ole Miss when your quarterback looks clueless, linemen are getting dominated, and receivers are repeatedly dropping the ball. Ole Miss got the win because they wanted it and they earned it. They gained nearly 500 yards in total offense and except for the Hail Mary play, held LSU to just above 200 yards. They made fewer mistakes and were more physical. That will usually guarantee a win 99% of the time.

Meanwhile, the Ole Miss fans should enjoy seeing this make the top story on Yahoo. The Sports Reporters on ESPN this morning were laughing about it and its made it all over the web. Couldn't have been scripted any better for the Rebels. Congrats to the Rebels.

Now some fans unfortunately focus on things like the score while overlooking what was more important yesterday: LSU moved up from 107 to 106 in the NCAA rankings in offense. This can not be over-emphasized as it shows LSU is improving on offense and the young players are finally figuring out Crowton's system and implementing it. The future indeed looks bright for LSU's offense and LSU football if yesterday was any indication.

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Saturday, November 21, 2009

The Fall of the Tribe of Hotty Toddy

And there arose to the north of Eden a tribe called the Hotty-Toddys, who were also called metros. And the Hotty-Toddys were very displeasing; they didst place centerpieces on their banquet tables, and didst exalt themselves much. And they didst glorify the southern kingdom of the past.
And for a brief time they didst enjoy success on the battlefield. But in the second year of the reign of John son of Joseph, a man named James, of the house of Meredith, of the nation of Cush, didst attempt to enter the seminary at Oxford. But the Hotty-Toddys despised and oppressed the Cush-ites, and refused him entry. But the Judges decreed that James must be allowed to enter. And the Hotty-Toddys rose up with great vengeance and furious anger, and didst burn their own city, and even slew two aliens in their midst. And the LORD saw that it was no good, and was much angered, and uttered a curse upon the Hotty-Toddys:

"THOU SHALT TASTE VICTORY ONCE MORE, THEN NEVER AGAIN SHALL THOU BE FIRST AMONG THY BRETHREN"

And after the following harvest, they didst enjoy their last great victory, then their warriors became lost in the wilderness. And a man named Elisha, who was also called Archie, didst attempt to lead them back to glory, but was wounded in the land of Eden and tasted not the fruits of victory. Then a great famine fell upon Oxford, until Eli son of Archie arrived upon a white horse. Eli led the Hotty-Toddys to many small victories, and girded his loins against an invasion by the warriors from Eden.

But Eli fell backwards*. And a great roar arose, and Johnny of the house of Vaught, the great king of the Hotty-Toddy past, didst ask "What be the meaning of this tumult?" For Johnny was a very old man, 93, and nearly blind. And the Hotty-Toddys cried in despair, "The invaders from Eden hath carried off the West championship! Our curse is still upon us, and the Heisman shall never come to the house of Manning."

And the LORD then caused a great delusion to fall upon the tribe of Hotty-Toddy, and they drove their general David from their midst, even though David had led them to victories for the first time in forty years. And they chose a recruiter of warriors from a western land, Bay Bay of the house of Yawyawyawyaw, because their delusion kept them from seeing he was a fool. And Bay Bay disdt tear his garments, and shout words none could understand. And the LORD loosed against the Hotty-Toddys bands of Cowboys, and Bulldogs, and even Commodores, who laid waste to Oxford. And the Hotty-Toddys continued to exalt Bay Bay, even as half his warriors disappeared from Oxford, and rued the days of Cutcliffe. And finally Les of Eden came to Oxford and destroyed it once and for all.
1 Samuel 4:3

OK, Ole Miss kicked our ass last year fair and square. I figured they would and it was one of those times I wish I wasn't right. They laid the wood pretty thoroughly to LSU. I'm calling today a tossup. LSU's defense is much improved but their ability to stop the run up front has been suspect. I like our matchup of Peterson and Jones against Snead and if they can get in his head early, LSU can win. McCluster has a big day, watch out. If I was Nutt, I'd run McCluster until they stop him. Ole Miss defense is pretty good and LSU has a weak O-line and Jefferson has not exactly been a model of consistency at the qb position. The starting rb and tight end are out, leaving the running game to Keiland and Ridley. Of course, LSU has its own McCluster in Russell Shepard but unfortunately, Crowton is too busy trying cute little plays and options instead of figuring out how to properly use him.

Prediction? LSU by 2.

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Hezbollah targets schools teaching Diary of Anne Frank



Middle East Media Research Institute (MEMRI) reports on how the Diary of Anne Frank is seen in Lebanon:
"Reporter [holding the book]: "This is the book that is taught in several schools in Beirut, which recounts the diary of an Israeli [sic] girl during World War II. Let’s delve together into the details of this diary.

"There is an entire chapter, titled 'Drama,' at the top of which there is a Star of David, along with clarification measures not found in other chapters, which aim to focus on the notion of the persecution of the Jews during World War II. Even worse than this is the dramatic way in which this diary is emotionally recounted."

This Book "Is Definitely in Violation of the Penal Code"

Naim Kalaani, chairman of the Authority for Banning Zionist Products: "Such a book is definitely in violation of the penal code. This is clearly a violation, and they must be prosecuted. This is tantamount to running towards normalization. The prosecution must automatically take action, because this is a criminal offense taking place in a school.....

Hizbullah MP Hussein Al-Hajj Hassan: "Nobody teaches from a textbook without checking its
content first. These respected schools teach the so-called 'tragedy' of this girl...."Article

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Friday, November 20, 2009

Someone adopt this dog.


Adopt Nika at the Mississippi Animal Rescue League. 601-969-1631

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Should we audit the Fed?




Santelli and the Fed Pimp go at it over the Fed.

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Mississippi Valley Title in scrum against Evans, bankruptcy trustee, & banks

Synopsis of Evans case: Charles Evans, Jr. was an attorney approved by Mississippi Valley Title Insurance Company to provide title certificates to MVT and lenders showing a borrower had clear title to property. MVT filed a lawsuit in September accusing his brother of using over 30 LLC's to obtain fraudulent loans from over 30 banks in Mississippi. Chris Evans would allegedly use one company to purchase a large tract of prime commercial real estate in Madison and Desoto Counties. Another company owned by Evans would obtain a commercial real estate mortgage on a smaller section of the tract yet that borrowing company never obtained a deed showing ownership of the land from the other company. Charles would allegedly provide a title certificate however showing the borrowing company owned the land even though it didn't. Over 80 loans for nearly $50 million were issued by Mississippi banks to companies owned by Chris Evans for lands those companies either did not own. MVT has testified federal authorities are currently investigating the case. Chris Evans filed Chapter 7 bankruptcy on October 26, which stopped the Mississippi Valley Title's lawsuit against him as federal bankruptcy law stays most state civil court proceedings once a bankruptcy petition is filed. Mississippi Valley Title testified 65 title insurance claims for approximately $41 million have been filed by banks affected by the Evans case.


Apparently Mississippi Valley Title Insurance Company is now fighting a three-front war in the bankruptcy case of Chris Evans. Mississippi Valley Title filed an Emergency Motion for a Rule 2004 Examination of Debtor on November 16 seeking an examination on November 20, 2009. Under Rule 2004, the Court may order an examination of "the acts, conduct, or property or to the liabilities and financial condition of the debtor, or to any matter which may affect the administration of the debtor's estate, or to the debtor's right to a discharge." Federal rules of bankruptcy

Mississippi Valley Title claims in its motion that Chris Evans filed bankruptcy as a delaying tactic against the lawsuit alleging fraud Mississippi Valley Title filed against him in Madison County Chancery Court. MVT argues "Debtor is also the subject of a criminal investigation by the FBI and other investigative government bodies for Debtor's fraudulent conduct. Based upon this criminal investigation, Movant expects that Debtor will likely exercise his Fifth Amendment rights and refuse to answer any questions in the Rule 2004 Examination. It is imperative that Movant determine if that is the Debtor’s position because it will be necessary for the Debtor to be granted immunity under Section 344 of the Bankruptcy Code prior to the first meeting of creditors now scheduled for December 9, 2009. Otherwise, the Debtor will have succeeded in further delay of investigation into his fraudulent content."
Copy of motion

Derek Henderson, the trustee appointed for the case, stated he had no objection to an examination and that "such an examination will ultimately be required". Unfortunately for MVT, Henderson states he "fails to see the emergency nature of the motion" and provides several reasons to support his position. Copy of Trustee's response

The trustee also attempts to stop Mississippi Valley Title apparent attempt to use the 2004 motion to settle the title issue for the properties allegedly used by the Evans brothers to perpetuate their fraud. This is crucial because many loans were issued by 32 banks in Mississippi on properties in Madison and Desoto Counties owned by the Evans brothers. In most cases the certificate of titles issued to Mississippi Valley Title and the lenders by Charles Evans, Jr., were said to be fraudulent, thus leaving the banks with no collateral and MVT at risk of paying millions in dollars in claims to the lenders. In many cases, the same tract of land had multiple loans issued on it by several banks that had no knowledge of the other loans. Thus, the title issue is very important to everyone involved in this case. The banks thus have a strong interest in an examination or court determining who has title to these properties and aren't going to be too crazy about an sudden examination held in their absence.

Mississippi Valley also asked the Court to to meet with MVT in the Examination and fix the title problems on the properties at issue in this case. MVT stated it "has also requested Debtor, both individually and in his capacity as an officer, manager, or member of various entities, to execute curative real property deeds in an effort to merge equitable and legal title."

The Trustee said he would oppose any such action by Evans and that it would "only cause possible adversary proceedings in the bankruptcy case as to preferences and/or fraudulent transfers.' (Translation: Some banks are going to see this as a power play to screw them and we aren't going to go there.) The Trustee asserts that it is better to leave the property issues at status quo until a complete investigation can be done..." Mr. Henderson warned MVT he would take this position in a letter dated November 9, 2009. Copy of letter It should be noted Cadence Bank filed a joinder petition with the Court supporting the Trustee's action.

Several banks filed objections to some of the motions filed by Mississippi Valley Title and other banks. Mississippi Valley filed a motion on November 6 asking for permission to pursue its fraud lawsuit against Chris Evans in Madison County Chancery Court. Copy of motion. First State Bank, Bank of Forest, Holmes County Bank, and State Bank & Trust objected to this motion on November 17, Copy of objection, and argued the bankruptcy court should decide this matter, not the state court.

Its not hard to see why the banks are objecting to Mississippi Valley Title's request that it be allowed to pursue the fraud case against Chris Evans. MVT requested the Chancellor appoint a Special Master to preside over the case which would in effect replace the Trustee in all but name only. The banks as creditors have more rights in the bankruptcy court and are able to file their own claims and motions. If the Court grants permission to MVT to proceed with its case against Chris Evans, the banks are reduced to the role of cheerleaders hoping Mississippi Valley Title is looking out for their interests in state court unless they intervene. It should also be pointed out that in bankruptcy court the Trustee has powers not available to the Special Master and can also prosecute bankruptcy fraud if discovered. It is pretty clear to see why some of the banks are not to comfortable with MVT's attempt to have the case removed back to state court.

These banks also objected to Mississippi Valley Title's emergency request for a Rule 2004 examination. They argue an examination should be held but it should be at a time and place where all of the banks have an opportunity to participate if they so desire. Copy of objection to 2004 motion

Cadence Bank also jumped into the fray, filing its own motion opposing Mississippi Valley Title. Cadence claimed it had $4.6 million at stake and that it couldn't understand exactly why Mississippi Valley Title was trying to force an examination so quickly and without the other banks present. Cadence agreed with State, First State, Holmes, and Forest and asked the Court to order an examination "far enough in the future" so all interested parties could participate. Copy of Cadence's objection to 2004 motion

There is one further issue that should be considered. Has Mississippi Valley Title actually paid any claims? The insurance company stated 65 claims worth over $41 million were filed against it by policyholders affected by the Evans case. In his motion to dismiss, the lawyer for Charles Evans, Jr., argues Mississippi Valley Title has suffered no harm and can't sue for suspected "future" injury. A fundamental rule is that before a party can recover for damages, it must first show injury to the court. MVT has not stated how much money it has paid in claims, if any. So the question must be asked if Mississippi Valley Title has actually paid any claims so far in the Evans case.

The Evans-izer Bunny, it just keeps going....and going.... and going....

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Thursday, November 19, 2009

Latest crime stats

Jackson crime statistics for November 9-15, 2009.

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Mississippi Valley Title: 65 claims for $41,415,242 have been filed by lenders in Evans case

See sidebar on right side of page for a collection of all posts on Evans case

Copy of affidavit
Exhibit A: Itemized list of loans issued to Evans brothers filed by MVT
Exhibit D: copy of title certificate issued to MVT
Exhibit E: Copy of title certificate issued to MVT

Mississippi Valley Title Insurance Company filed the affidavit of Brad Jones in the bankruptcy case of Chris Evans on November 17. The affidavit provides the testimony of Brad Jones, an employee of MVT who provides specific details on how Charles Evans, Jr. and Chris Evans allegedly perpetuated a fraud upon Mississippi Valley Title and many banks. Mississippi Valley also reveals that claims in excess of $41 million have been filed against it by affected lenders.

Mr. Jones is a lawyer, CPA, and certified fraud examiner. Mr. Jones states Charles Evans, Jr. was "an approved attorney for Mississippi Valley Title, although not retained, hired, or employed by Mississippi Valley Title." MVT and its lawyers have consistently pointed out this fact at every step of this case. Evans was authorized to "provide title certificates to MVT".

A title certificate is important when obtaining a loan on a property. The certificate allows the borrower to show the bank he is indeed the true owner of the property and also tells the bank there are no other liens on the property. If liens are missed, either the title insurance company has to pay them (the lienholders had a valid claim on the property when it was sold, and thus the proceeds of the sale) or the bank finds out it doesn't have the first lien on the property (thus it may be unable to recover the loan if the borrower defaults). This is important as banks will not provide a loan on property unless there are no other liens, or the other lienholders have agreed in writing to subordinate their claim to that of the bank.

The most crucial part of the affidavit states Chris Evans, Charles Evans, Jr., "and others entered in concert in a fraudulent and/or criminal scheme to defraud MVT and Lenders by borrowing funds from Lenders using certain land as collateral when title to the collateral was not of record in the landowner."

"As a part of the fraudulent scheme.. (the Evans brothers) would misrepresent to the Lenders and MVT that the land was owned by an entity controlled by Jon Christopher Evans and/or Charles H. Evans, Jr."

Crucial because without the issuing of phony title certificates, such a scheme would not work as banks would not lend money and MVT would not issue insurance policies. Jones testifies "based upon the false title certificates... and title insurance commitments issued by Mississippi Valley Title, Lenders would advance funds to Jon Christopher Evans, Charles H. Evans, Jr., and/or others."

The other crucial point about this case is that "contrary to representations made by Charles H. Evans, Jr., in title certificates, record title to the subject property was never transferred into the entity that actually borrowed the funds and whose title was insured."

In plain English, Mr. Jones is stating that one Evans company would buy a tract of land, another Evans company would borrow money on it, but the company that bought the land never transferred the land to the company that borrowed the money. However, the title certificate issued to the bank and MVT said it did own the land even though in reality the other company did.

A simple analogy would be suppose I took your car and got a loan on it from a pawn shop. The pawn shop asks me for a copy of the title so I give them one I forged. Unfortunately for them, the title is still in your name but they don't know that little fact. I get money on the car, don't pay back the loan, then the pawn shop finds out its not my car and can't repossess it.

Mississippi Valley stated in Exhibit A (listed above, compare it to this earlier post) that as of November 17, 2009, lenders have filed 65 title insurance claims with Mississippi Valley on loans granted because Charles Evans, Jr. issued (allegedly) phony title certificates. Mississippi Valley states the total amount of the claims is $41,415,242 (JJ estimated the banks exposure in Mississippi at $47 million. Not bad.) Paying these claims will wipe out much of Mississippi Valley's claims reserves. However, Old Republic, its parent company, has reserves of several hundred million dollars and is able to cover any claims Mississippi Valley must pay. Old Republic Q3 earnings statement

The affidavit also lists several large tracts purchased by an Evans company in Madison County: 38 acres on Highland Colony Parkway and 84 acres on Park Place Boulevard. It is also important to note that not all loans were gained through fraudulent title certificates and that the banks losses are probably larger than the amount stated by Mississippi Valley, as the assets of Charles H. Evans, Jr. are frozen and Chris Evans is in bankruptcy, thus the remaining loans will probably enter into default. It is also worth remembering Texas banks issued approximately $27 million in loans as well and that nearly half of these loans are now in foreclosure. The Evans case is like the Energizer Bunny.... it just keeps going...and going.... and going.

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Santelli: "CPI is for champagne economists"

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Wednesday, November 18, 2009

Don't let the door hit ya on the way out.

This fine lad managed to earn himself a suspension from his fraternity at Ole Miss.

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Vote for favorite guitarist

Have at it.

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Hallmark Cleaners on Fortification robbed

Hallmark Cleaners was robbed this morning. A punk walked in this morning before the security guard was on duty and robbed the dry cleaner's by showing a knife. No one was injured in the robbery.

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Evans and Mississippi Valley Title slugfest continues in Madison

See sidebar on right side of page for collection of all posts about the Evans case.

Copy of amended complaint
Copy of answer
Motion to dismiss

The Evans slugfest continues in the Madison County Chancery Court. Mississippi Valley Title Insurance. MVT filed an amended complaint on November 6.

MVT spells out in more detail the connection it had with Charles Evans, Jr. and expanded the list of defendants to include more companies owned by Chris Evans. The amended complaint states he "was an approved attorney for Mississippi Valley Title, although not retained, hired, or employed by Mississippi Valley Title." and that "approved attorneys provide title certificates to MVT which are intended to represent the true status of title on a particular property."

Title insurance is required by lenders for mortgages so as to protect their collateral. The title insurance includes a certificate of title that tells the lender the borrower owns the land on which he is borrowing money. Without clear title, the mortgage becomes an unsecured and thus riskier loan.

MVT states Charles H. Evans, Jr., issued title certificates for "over 100 title insurance policies" underwritten by the insurance company and that he "misrepresented the true ownership and encumbrances upon certain land in title certificates provided to MVT for the benefit of Jon Christopher Evans and/or other defendants".

An investigation by JJ reveals that what apparently took place was companies owned by Chris Evans would buy prime pieces of commercial real estate in Madison and Desoto counties. However, another company owned by Evans would obtain large commercial real estate loans on each property. Each property had several loans issued on it even though the company borrowing the money didn't actually have title to it as the company that bought the land still held the deed to the property. The Evans brothers used this method to obtain nearly 100 loans from over 30 banks in Mississippi. JJ estimates the total amount of exposure to the banks is $47 million.

However, MVT claims Charles Evans, Jr. would issue a certificate of title to MVT stating the company borrowing the money owned the land. Page nine reveals specific details about how the alleged fraud took place. MVT further states "Defendants have improperly and fraudulently obtained tens of millions of dollars through their common scheme and fraudulent acts."

MVT charges the defendants with nine counts that they have violated a court order requiring them to convey land or cure the title defects. MVT asked the Chancellor to appoint special master to oversee the case. However, Charles Evans, Jr. is apparently fighting back as he filed an answer and a motion to dismiss to MVT's complaint.

Evans argues the suit should be stayed as its related to the recent bankruptcy filed by Chris Evans. He makes the standard defenses: venue is improper, no jurisdiction, complaint fails to state a claim upon which relief can be granted, no standing, statute of limitations expired, and so on. Evans also accuses the plaintiffs of having "unclean hands" and that their "own conduct" caused their problems.

Charles Evans, Jr. then filed a motion to dismiss. Evans posits MVT did not suffer any injury (the premise probably being that since MVT has not paid any claims, it thus did not suffer any injury which is required to prove fraud.) and that the "Plaintiffs have placed the cart before the horse."

The slugfest continues.

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JJ poll: Robert Johnson leading candidate for Sheriff

JJ just conducted a poll on who the next Sheriff of Hinds County should be when Mac retires. Former JPD chief Robert Johnson won the poll, followed by Steve Pickett. Apparently more than a few people remember his tenure as Chief of JPD.

Steve Pickett
29 (14%)
Tyronne Lewis
8 (4%)
Victor Mason
5 (2%)
Robert Johnson
43 (22%)
Don Byington
22 (11%)
Robert Graham
2 (1%)
Lee Vance
5 (2%)
None of the above
81 (41%)

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Meredith Whitney: We are going back into recession




Meredith Whitney tells CNBC we were never really out of recession and are heading back into one, something that should not surprise regular readers of this blog.

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Tuesday, November 17, 2009

Reservoir Ruckus: Round II

The fight between local developer Steve H. Bryan and Reservoir homeowners continued yesterday as they squared off at the office of the Pearl River Valley Water Supply District Board. The Clarion-Ledger reported:
"Originally billed as a condominium project in February, the Mandalay development now plans to rent apartments and eventually convert them into owned properties, developer Steve Bryan told committee members today" and that "Bryan announced in September that the units — which will range from 900 square feet to 1,400 square feet — will have monthly rents starting at $1,000. Bryan said the units will be among the most luxurious in the metropolitan area." Article

Mr. Bryan, who has lost several complexes and projects to foreclosure this year, even went so far as to say "Our proposal, as you all are aware we were starting with a lease purchase program from the beginning. That has never changed. It must meet Fannie Mae guidelines," said Steve Bryan." WLBT story with video

Really? Lets see what those guidelines are. According to Fannie Mae guidelines, the appraisal has to show what rents are for other apartment complexes in the area. A market value rent is determined based upon these complexes. The renter can only use the difference between his rent and the market value rent on a lease-purchase transaction. Thus if someone rented a unit at Mandalay for $1000 a month, and the market value rent for that apartment was $900 a month, he could only use $100 a month towards his down payment.

Fannie Mae states in its guidelines "A project is ineligible if Projects where a single entity (the same individual, investor group, partnership, or corporation) owns more than 10% of the total units in the project (p. 535)" and that "at least 90% of the total units in the project have been conveyed to the unit purchasers (p. 549)".

This is a deal-killer for projects such as Mandalay because before Fannie Mae will finance any lease-purchases in the project, Mr. Bryan will first have to sell 90% of his units. Does anyone think there will be several hundred renters that won't need a mortgage to buy a Mandolay condo?

However, Fannie Mae is not the only consideration as the anytime a borrower has to put down less than 20% on a home, he is required to obtain mortgage insurance. The Mortgage Insurance companies have their own guidelines for projects such as Mandalay.

RMIC (Old Republic, yes, that Old Republic of Evans fame) states in its underwriting manual:
"Resales of converted condominium units from apartments, warehouses, etc. are eligible for RMIC insurance only if all the units have previously been sold to individuals other than the developer, and the project has been turned over to the HOA. Additionally, the appraiser must demonstrate market acceptance by using comparables that are resales from the subject project." Page 29 of RMIC's underwriting guidelines.

MI (mortgage insurance) underwriting guidelines are usually more strict than Fannie Mae guidelines. RMIC states "Only the portion of the lease amount in excess of the Fair Market Rental can be used for down payment" and that "Borrowers must make an initial down payment of 5% from their own liquid assets before the rental credit can be applied as equity." (page 21).

MGIC, the largest mortgage insurance company, is just as tough on lease-purchase deals. MGIC states on page 66 of its underwriting guidelines "In a “lease with option to buy” situation, only the portion of the lease/rent payment in excess of market rent is acceptable as a borrower’s down payment."

Lease-purchase transactions are also treated as a refinance by most lenders and Fannie Mae. The maximum loan-to-value for a refinance is lower than it is for a purchase, thus Mr. Bryan's renters will still have to come up with 5% down if they want to purchase one of his units even if they can use part of their rent towards the down payment. MGIC underwriting guidelines.

Mr. Bryan's public statements about Mandalay meeting Fannie Mae guidelines simply don't square with the underwriting guidelines of Fannie Mae and the mortgage insurance companies. . In order to meet Fannie guidelines, Mr. Bryan will have to first convert the entire project to condos, then sell 90% of it to homebuyers who won't use a mortgage from Fannie Mae to purchase the home. If he can get past that hurdle, then his renters can only use a portion of their rent, if any, towards a down payment and that is after they have saved enough money to meet the 5% down payment requirement by the mortgage insurance companies. In other words, if Mandalay is built as an apartment complex, it is probably going to stay an apartment complex.

It should also be noted Bankplus issued a loan to Mandalay Development for $1.75 million on February 19, 2008. The note became due six months later but the bank has obviously extended the note even though no modification has been recorded at the courthouse. The Secretary of State's website reveals Mr. Bryan is listed as a registered agent for the company but no one is listed as owner or member. The deed of trust refers to him as a member of Mandalay Development LLC. The articles at the SOS probably have not been updated, which is not uncommon.

Mr. Bryan has already suffered several severe financial reverses this year as he lost several complexes in foreclosure proceedings in various states and was fined by HUD as well.
If the project suffers the fate of other Bryan developments this year, will the site become another Harborwalk: an asset to the Reservoir area torn down by developers who bit off more than they could chew?

Earlier post on Mandalay Development controversy

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Monday, November 16, 2009

Democrats: Terrorists bring jobs



1:30 in video. Go ahead Sam Hall, try and defend this one if you Barbara Blackmon is not bitch-slapping you right now.

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Tuesday night at The Audiorium: Nathan Cooks

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MBJ: Evans stiffed printers, took $$ from advertisers

See sidebar at right for collection of all posts on the Evans case

The Mississippi Business Journal reports today:
"Phone books published by a Jackson company — operating in a building owned by a man being sued for alleged commercial real estate fraud — were due out in June but have not been delivered to the public due to nonpayment to the printer. Furthermore, ad sales representatives for the company are continuing to sell ads for more books that the company may not have the money to publish...."

Unfortunately, it appears the advertisers are not the only ones who might be victimized in this deal:
"A Utah printer said the bill for more than 45,000 Rankin County phone books that was due in April still has not been paid.
Gulf States Directory Company is currently selling ad for Metro West Jackson and Madison County phone books, promising they will be out in early 2010...." Article (Includes picture of Evans).

Great job by Ms. McCullough. Now we are seeing some real business journalism here in Jackson. A big thank you goes to you, the readers of this website. Some of your comments last week about Gulf States are what tipped her off to this story. Hopefully, the advertisers and printer can get together and figure something out that will mitigate their losses.

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Village Voice: Cuomo and Democrats "plunged" nation into housing crisis

That bastion of right-wing radicalism, the Village Voice, published a story a year ago that discussed how Andrew Cuomo forced Fannie Mae and Freddie Mac to engage in subprime lending while he was Secretary of HUD:

"Andrew Cuomo, the youngest Housing and Urban Development secretary in history, made a series of decisions between 1997 and 2001 that gave birth to the country's current crisis. He took actions that—in combination with many other factors—helped plunge Fannie and Freddie into the subprime markets without putting in place the means to monitor their increasingly risky investments. He turned the Federal Housing Administration mortgage program into a sweetheart lender with sky-high loan ceilings and no money down....

In 2000, Cuomo required a quantum leap in the number of affordable, low-to-moderate-income loans that the two mortgage banks—known collectively as Government Sponsored Enterprises—would have to buy....

Franklin Raines, the Fannie chairman and first black CEO of a Fortune 500 company, warned that Cuomo's rules were moving Fannie into risky territory: "We have not been a major presence in the subprime market," he said, "but you can bet that under these goals, we will be."...

When HUD released the next set of goals in 2004, it reported that after Cuomo's previous edict, there had been a sudden spurt of GSE subprime investment, "partly in response to higher affordable-housing goals set by HUD in 2000." Fannie had gone from $1.2 billion in subprime-mortgage and securities purchases in 2000 to $9.2 billion in 2001 and $15 billion in 2002. Freddie's numbers were murkier, but clearly also on the rise. In 2003 alone, the two bought $81 billion in subprime securities—which also count against the goals...." Article

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Congrats to some very lucky guys.






Just wanted to say congratu-lations to some good friends of mine who recently got engaged. Matt Allen popped the question to Megan West and Scott Vlahon did the same for Julie Straw. Great people and here's to hoping the each of you have wonderful lives together.

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Sunday, November 15, 2009

Beck show on Black Conservatives



Part 2
Part 3
Part 4

Worth watching.

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Friday, November 13, 2009

She drinks her blood from a jagged edge

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Friday Night at The Auditorium

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Reservoir threatened by proposed apartment complex. Developer Steve Bryan had three foreclosures this year


Property developer Steve Bryan apparently tried to pull a switcharoo on the Reservoir area. Mr. Bryan bought the site where Rapids on the Reservoir was once located and announced he was going to construct Mandalay, a new Xanadu for the Rez where dreams would be made and fantasies realized, a King Edward of sorts by the water. The Mississippi Business Journal reported last year:

"The Bryan Company plans to use the site for Mandalay, a $35-million condominium development. In addition to the 360-unit complex consisting of four-story structures served by elevators, amenities will include a lake, fitness center, jogging track, tennis courts and business center. It is also envisioned as mixed-use, with room for office space, shops and eateries..." Article

Unfortunately for those living around the Reservoir, Mr. Bryan is attempting to replace his pie in the sky project with rental apartments funded by HUD. Nearby homeowners are not too happy about it as they packed a meeting held on the proposed project this week. WLBT reported "The Pearl River Valley Water Supply District sent the Federation of Reservoir Homeowners information stating the condos would now be a 362 multi-family rental property." Over 300 people showed up to protest Bryan's HUD project as its no secret that apartment complexes tend to bring more crime to an area.

Apparently Mr. Bryan has seen some other controversy in 2009. The Shreveport Times reported yesterday:
"Two Shreveport apartment complexes must pay to make themselves accessible to disabled people as part of the settlement of a federal anti-discrimination lawsuit.
Island Park Apartments and Reflections at Island Park, both off Clyde Fant Memorial Parkway, are among 11 multifamily housing complexes in Louisiana, Texas, Alabama and Tennessee named in the petition settled recently with the U.S. Justice Department....
And Steve Bryan and Bryan Construction Co. must pay a civil penalty of $12,000 to vindicate the public interest, according to the settlement..." Article

Mr. Bryan's recent troubles do not end in Shreveport. Compass Bank filed suit on August 27, 2009 against Mr. Bryan in federal court. Compass claimed it loaned Mr. Bryan $11,437,500 on December 19, 2007, to construct a 120-unit apartment complex in Lafayette, La. Compass claims the defendants owe $12,226,368 and are in default. Compass sought permission from the Court to seize the apartment complex. Copy of lawsuit. The Court agreed with Compass and issued a writ the next day seizing the apartment complex from Mr. Bryan. Copy of writ. No response or answer has yet been filed by Mr. Bryan.

Treuhold Capital Group also filed suit against Mr. Bryan on June 24, 2009 in Baldwin County, Alabama, seeking a judgment of $3,317,130 against the Mississippi developer. Treuhold claims First Gulf Bank loaned Mr. Bryan $3,575,000 on September 26, 2005. The lawsuit states Mr. Bryan defaulted on the note and Truehold foreclosed on the property, a planned-unit development in Sunset Bay, Baldwin County. Truehold was the highest bidder at $541,500 on the property and took possession. The plaintiff sought redress from Bryan for the balance listed above. Copy of suit. Mr. Bryan had the suit removed to federal court. Bryan filed an answer in August in which he admitted to most of the allegations, including the foreclosure. The two sides apparently settled the case as they filed a motion to dismiss without prejudice and the Court granted the motion on August 27, 2009.


Then there is Memphis. The Commercial Appeal reported on July 8, 2009:
"The Horizon, a troubled Downtown residential project, sold in a foreclosure auction for $17,479,000 a few minutes past noon Tuesday on the steps of the Shelby County Courthouse....
The Bryan Co., a Ridgeland, Miss.-based developer, and Riverside Bluffs LLC had defaulted on a $58.6 million loan from the bank. Along with Capital One, Trustmark National Bank, US Bank and Bank of America were involved in project financing....
Two years ago, the developer broke ground on the 155-unit first phase of The Horizon, which was positioned as an elite condo project. Several months ago, Downtown development officials gave approval for developer Steve Bryan to convert from condos to rental apartments when the project failed to generate substantial interest from buyers...
." Article

If forced to speculate, one would conclude with several foreclosures and a federal action taken against him in the last six months, Mr. Bryan is probably scrambling to save his investment in the property. Attempting to use HUD is probably a life-preserver at this point for his ambition. Unfortunately for the Reservoir, his life preserver will sink everyone else around him, showing self-preservation is indeed the strongest instinct.

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MBJ reports more details on Evans case

See sidebar on right for collection of all posts on the Evans case.

Amy McCullough at the Mississippi Business Journal reported new details about the Evans case in this morning's online edition. She beat me to it and delves into one of the basic details of how this alleged scheme worked: the bogus deeds issued on tracts of property. She reports:

"Public records show that Chris Evans’ company Old Agency Business Park Inc. purchased a 24-acre property on Highland Colony Parkway in Madison in 2003. Chris Evans had a local surveyor write legal descriptions dividing the 24-acre parcel into 11 separate tracts. Through various limited liability companies he owned, Chris Evans obtained commercial loans from Mississippi banks on each of the 11 smaller parcels. The title for the land, however, remained vested in Old Agency and was never conveyed to any of the other entities through which loans were obtained. This particular property has more than 30 mortgages recorded against it, the majority of which are held by entities that do not own title to the land. Many banks have filed lawsuits asking the court to transfer title to the Evans’ entities that borrowed money from them.

Developers customarily file a plat in the Chancery Clerk’s Office. A plat is a map dividing a larger tract of land into smaller, numbered lots so the lots may be easily identified for future reference in loan transactions.

Plats were not filed for the Evans’ Highland Colony Parkway property, and legal descriptions for the parcels were lengthy and convoluted, making title examination and the alleged fraud difficult to detect.

The parcels were described utilizing the metes and bounds system, which uses physical features of geography, along with directions and distances, to define boundaries. The boundaries are described in a running prose style, working around the parcel of the land in sequence, starting at and returning to the point of origin.
..." Article

JJ can also confirm Chris Evans is in Jackson. Stay tuned for more details.

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CNBC Food Fight




Santelli and Liesman get into it.

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Thursday, November 12, 2009

Banks and Mississippi Valley Title fight Evans bankruptcy

See Evans sidebar for a collection of all posts on the Evans case.

Chris Evans filed a Chapter 7 bankruptcy petition in U.S. Bankruptcy Court on October 27, 2009. The filing took place a day before a hearing in Madison County Chancery Court took place to decide whether to freeze his assets. Mr. Evans stated he had less than 100 creditors, less than $50,000 in assets. and less than $10 million in liabilities.

The petition protected Evans to some degree from Mississippi Valley Title's lawsuit accusing him of defrauding many banks and insurance companies filed in September. Federal bankruptcy law stays most state civil proceedings against one in bankruptcy as they are considered a potential claim and thus subject to the Bankruptcy Court's jurisdiction. Copy of bankruptcy petition

The amended creditor list includes banks primarily from Mississippi and Texas. The banks immediately starting filing notices of appearance with the Court after Evans filed his petition. The following banks and their attorneys filed such notices:
Les Alvis, Bancorp South, 10/28/09
Kristina Johnson of Watkins Ludlam; Bank of Forest, First State Bank, Holmes County Bank, 10/27/09
Patrick McAllister, Williford, McAllister, & Jacobus, Community Bank, 10/28/09
William Leech, Danny Ruhl, Robert Richardson of Copeland, Cook, Taylor & Bush, Madison County Bank, 10/29/09
Scott Jones, Adams & Reece, Mississippi Valley Title Insurance Company & Old Republic Insurance Company, 10/30/09
Jeff Rawlings, Rawlings & McInnis, Merchants & Farmers Bank, 10/27/09
Kathy Smith of Corlew, Munford, & Smith, Britton & Koontz Bank 11/9/09
Joe Joseph, Bess Parish, Bank of America 11/9/09

However, the banks didn't just stop with filing their lil ole notices but also asked them to let them start sending the repo man out to get their land. Several filed motions to lift the automatic stay on specific properties or other assets so they could take possession of them.

Bankfirst is one such creditor. Its motion stated: "3. Bankfirst is a secured creditor of the Debtor pursuant to the following instruments" The bank then describes the details regarding a mortgage issued on a property owned by Chris Evans and claims Evans gave it a $100,000 CD as a security interest which the bank still holds. The bank states Evans owes it more than the amount of the CD and seeks to liquidate the CD. Copy of motion. Community Bank's motion claims Evans is in arrears for nearly six thousand dollars on a note for $166,000 and that it should be allowed to take possession of the property. The motion filed by Merchants & Planters Bank similar in nature to the one filed by Community Bank and seeks possession of a property on which the bank issued a lien to Chris Evans.

Mississippi Valley Title also filed a Motion from Relief from the Automatic Stay on November 6, 2009. MVT asked the Court to allow it to pursue its fraud lawsuit against Mr. Evans in state court up to the "entry of the judgement". The motion accuses Charles Evans, Jr. of providing it with "false title certificates" and that the Evans-owned entity never had title to the land on which the mortgage was issued by the bank involved in each transaction. Copy of motion MVT has also filed a motion to allow two attorney from Alabama to appear as counsel for Mississippi Valley Title.

If Chris Evans sought refuge in bankruptcy it is clear the banks and insurance companies he allegedly defrauded are determined to fight him in that venue. Its not too surprising as the banks realize (and several told me they didn't know the scope of this case until this website provided an itemized list of the loans provided to the Evans brothers) how big this case really is and are now aggressively moving to protect their interests and seek some form of justice from the Evans brothers.

Copy of list of creditors

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Wednesday, November 11, 2009

New poll

Who do you think should succeed Mac as Sheriff?

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It's Veterans Day



Veteran and his experience on the Bataan Death March.

Since it's Veterans Day, I'm going to post this recent thread from Tigerdroppings.com where someone asked other members to share their family war stories. You can read them here.

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Don't ________ and drive

Want to read something funny? This lawsuit by Nationwide Insurance has some pretty funny details.

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JJ Poll: Tico's Has Best Steak

It was a close vote and Shapleys led the way, but Tico's won the JJ poll for best steak in Jackson by five votes. I voted for Tico's as I love the way they cook their steaks. The creamed spinach is very good as well and if you want a mean dessert, order the Amaretto Freeze. Closest thing to a White Swan we have in Jackson. Congrats to Tico's.

Outback
6 (1%)
Ticos
106 (28%)
Kathryns
19 (5%)
Shapleys
101 (26%)
Mint
1 (0%)
Ruth's Chris
32 (8%)
Lone Star
4 (1%)
Steam Room Grill
4 (1%)
Char
18 (4%)
Parker House
9 (2%)
Elie's
10 (2%)
El Dorado
9 (2%)
Wynndale
6 (1%)
Does (Just had to add this one)
34 (8%)
Walkers
12 (3%)
Schimmels
7 (1%)

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Tuesday, November 10, 2009

Dew killer now out of jail thanks to Haley's parole board

Correction: The post did not mention that in 1992, a convict was eligibile for parole after ten years of serving a life sentence, even for murder.   The prosecutor could not get a tougher sentence under the law. 

One of the killers of Brad Dew, the Millsaps student murdered in 1991, was paroled nearly a year ago. The Mississippi Parole Board released Cedric Morris on December 8, 2008. Morris was convicted of Homicide/Murder and sentenced to life. Unfortunately for the Dew family, life did not mean life in Mississippi back then and Phillips became eligible for parole after only ten years.

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Chrome

Tried Google's Chrome last night. Damn this thing is fast. I mean reaaaal fast.

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Bohemian Bankruptcy

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Monday, November 9, 2009

TEAR DOWN THIS WALL!








This is Reagan's entire speech in front of the Berlin Wall. Enjoy.

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Were the Evans' eyes upon Belvoir and Lynne Knight?

See sidebar at right for a collection of all posts on the Evans case.

The Evans case: it just seems to keep growing and growing. In addition to all of the deals uncovered in Hinds, Desoto, Harrison, Collin and Denton counties, there is yet another suspicious series of deals similar to those already discovered in the Evans case.

Belvoir Investments is a Texas LLC. It apparently owned property in Collin County, Texas and obtained several commercial real estate loans. It issued a Deed of Trust to Trike Investors, L.P. on December 21, 2005 for a $2,951,675 loan. The loan was later paid off and released. Deed of trust Belvoir then conveyed several deeds to Evans company Highland Colony Group LLC (to obtain a list of all transactions, enter "Belvoir Investments" on the Collin county land records website).

Belvoir was also busy as a bee in Denton County, Texas. Belvoir transferred a deed for some property to Highland Colony Group on October 21, 2005. Belvoir purchased the land on September 16, 2009. Naturally Belvoir went out and borrowed money in typical Evans fashion from a bank favored by the Evans brothers: Bankfirst Financial Services in Madison, Ms. Bankfirst issued a $750,000 mortgage to Belvoir on September 16, 2005. Belvoir then conveyed several more deeds to property to Highland Colony later that year. Since the Evans brothers never saw a loan they didn't like, they borrowed more money through Belvoir. The Trike loan mentioned earlier was for two properties, one in Collin, one in Denton. Bankfirst was ready and willing and gave Belvoir another loan for $620,400 on December 16, 2005. However, both loans were paid off by Belvoir. For once, an Evans-related company actually paid off its obligations in full.

Evans-related? Kingfish, what do you mean? Well, according to the Texas Secretary of State's office, Belvoir Investments, the company is an LLC that began operations on September 6, 2005. Lynne Knight, the same Lynne Knight that was the subject of this post inquiring if her signature was forged last week, is listed as the registered agent. The Articles of Incorporation lists her as the only member. Copy of articles The company was dissolved by the state nearly two years later. However, here are several Belvoir documents signed by a Lynne Knight:














Compare the signatures to those in the documents provided in the earlier post. Ms. Knight worked for the Evans brothers at one of their companies, Gulf States Directory. Although she was a registered agent for a several of their companies, her signature does not appear to match several documents signed to obtain loans. The address listed for her on one company in Mississippi is a property in Jackson, 1542 Brecon, owned by Chris Evans.

So the question must be asked: was Ms. Knight an expert who put multi-million dollar real estate deals together or were the apparent non-matching signatures signed by someone else?

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Sunday, November 8, 2009

No headline needed.

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Spinning NY-23

The Hannities and other conservative pundits should read this column in The American Thinker written by Rosslyn Smith about the Democrats' win in the NY-23 congressional race. While moderates and conservatives have used the election as ammunition in their battle for the soul of the Republican party, she makes the case that well, Hoffman was a bad candidate and voters weren't really thinking about Obama when they went to the voting booth:

"There is an old saw in the art world that while critics love to talk about sweeping trends, when artists get together they usually talk about where one can find the best price on canvas and brushes. The same holds true in politics. Most media pundits and bloggers tend to concentrate on the grand ideologies and dismiss the skill sets needed to win elections including things as basic as being more likable than one's opponent. Then they are either disappointed by election results or read too much into them.

Successful politicians know that with the right skills, a candidate can paint over many ideological differences -- at least long enough to win an election. What seems to be lost in much of the major analysis of Tuesday's results by the chattering class about the overall meaning of the results in NY 23 is that Doug Hoffman has few political skills. When I read some of the comments, my conclusion is that dislike for both the current administration and members of the Washington Republican establishment has caused many people who should know better to lose perspective about the quality of their allies
....."

This article cited by Ms. Smith reports how Mr. Hoffman wasn't familiar with local issues and while focusing on ideology, was rather "clueless" on providing details or solutions. Kind of like when Harvey Johnson was an encyclopedia of facts in his debates with Marshand Crisler while Crisler talked about being shot on duty as a cop and serving in Iraq.

Baton Rouge elected its first black mayor, Kip Holden, a few years ago. Holden didn't win because of changing demographics in the city or because there was some huge backlash against Bush. He won because he focused on local issues while the Republican incumbent Bobby Simpson talked about abortion and gun rights, thinking an appeal to Republican core issues would overcome a lousy performance. Simpson blew off the business community. He angered residents by approving a Walmart for College Drive, a traffic nightmare before the store was built. Surprisingly enough, there were more voters who cared about streets and crime than fights over guns and babies in Washington.

While everyone spins the race to fit their agenda, perhaps they should look at the actual candidates themselves as well as the district, not just the parties involved. One more piece of advice for the Republican party: next time run an actual primary instead of letting local party leaders annoint a Republican candidate. A breath of freedom is never a bad thing.

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Oldie but goodie

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Saturday, November 7, 2009

New poll

Vote for your choice. Sn1, Sn2, E1, E2, EAS.

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Friday, November 6, 2009

Tonight at The Auditorium

Shaun Patterson at 7:30, then at 10:00.......................









Website for show

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Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS
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