Tuesday, October 27, 2009

Evans case update on Court filings

Several motions for protective orders requesting the Court allow Bankfirst, Mississippi Valley Title, and Copiah Bank to file documents and information subpoenaed under seal were submitted to the Madison County Chancery Court last week.

Bankfirst (Copy of Motion for Protective Order) was subpoenaed by MVT and its parent, Old Republic Title Insurance Company to provide information regarding loans provided to the Evans-owned companies. Bankfirst called such information "privileged" and "protected" and asked that it be allowed to file its answer under seal. Mississippi Valley Title also moved for a protective order as well, citing privacy concerns it has for the information subpoenaed (It wouldn't be because it doesn't want the entire state to see how it was suckered or its lawyer might have screwed some banks, now would it?). MVT submitted a proposed protective order along with the motion. Copy of motion.

MVT has already tried to avoid any public exposure to how it was allegedly defrauded by the defendants as it filed the explanation for how the alleged fraud took place under seal (In violation of the Gannett States case). Such sealings are troubling as this case has a strong probability of being the largest mortgage fraud case in Mississippi history. The public has a strong interest in learning if and how its banking system was defrauded for potentially tens of millions of dollars.

A hearing for a preliminary injunction has been set for October 27, 2009 at 9:00 AM at the Yazoo County Courthouse. Since a temperory restraining order (TRO) has already been issued and extended once against the defendants, the purpose of the hearing is to convert the TRO to a more permanent preliminary injunction. A subpoena was issued for Jon C. Evans. Copy of subpoena Two of the Evans' companies, Twin City Development and Snowden Lane Investments, filed an answer to MVT's lawsuit. Copy of answer

Several Lis Pendens actions have been filed against the defendants by several banks seeking to get first lien on several properties supposedly owned by the Evans' companies. They are: Cadence Bank, State Bank, Merchants & Farmers, and Bank of Forest.

Stay tuned for more.


Anonymous said...

Where are the bros?

Anonymous said...

The 2 Evan’s companies that filed an answer to MVT lawsuit---4th defense, “The Plaintiffs’ damages, if any, are the responsibility of third parties over whom the Defendants have or had no control or right of control.” So—they claim MVT damages are the responsibility of someone else over whom the Evans don’t have any control.

What 3rd party? It was the Evans who were writing up the bogus documents and pulling the shade over MVT’s eyes and the banks’ eyes.

Anonymous said...

To anon @ 1:49 pm...Exactly!!!

Anonymous said...

The rumor is that they are in South America.

Anonymous said...

Big rumor coming out is that Old Republic will be closing down Mississippi Valley Title in the next month. Given the past problems with Miss. Valley Title this rumor brings a lot of credibility with it.

I wouldn't be surprised to see Old Republic sell their title insurance division before the end of the year if the numbers keep going up.

Kingfish said...

I'd like to know if they had any procedures in place to audit attorneys that were "approved".

Today in court Jones testified they checked credit, e & o coverage, and took an app from them. Um, did they audit files at all?

Anonymous said...

How could Old Republic audit the files? They are severely understaffed in their title insurance fraud unit. The blame also lies with the Mississippi Dept of Insurance for not regulating title attorneys & title companies more like they do in other states such as Texas or New Jersey.

All it takes is E&O, credit check, and application. They do not check to see if the agent is even knowledgeable about the process. This isn't just a Old Republic issue but rather its a problem with all the major title insurance underwriters.

Anonymous said...

forgot to mention their compliance department was cut to the bones two years ago. Is anyone hearing of loans that were taken out by the Evans brothers in southern Miss. as well?

Anonymous said...

October 27, 2009 @ 4:45 PM: Where is this rumor coming from? Several of us have thought that ORNT might finally pull the plug on this bunch this time but have not heard a rumor about it yet and would be very interested to know.

Anonymous said...

October 27, 2009 6:40 PM:

Easy answer about MID - Lee Harrell and George Dale didn't see any problem with attorneys and George told everybody he could that "(he) don't want to even hear about title insurance."

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