Jackson Jambalaya

LSU moves up.

2009-11-22T09:29:00.005-06:00

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.

The Fall of the Tribe of Hotty Toddy

2009-11-21T09:53:00.002-06:00

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.

Hezbollah targets schools teaching Diary of Anne Frank

2009-11-21T00:43:00.001-06:00

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

Someone adopt this dog.

2009-11-20T21:12:00.002-06:00

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

Should we audit the Fed?

2009-11-20T17:24:00.001-06:00

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

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

2009-11-20T09:32:00.011-06:00

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....

Latest crime stats

2009-11-19T19:00:00.000-06:00

Jackson crime statistics for November 9-15, 2009.

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

2009-11-19T10:14:00.006-06:00

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.

Santelli: "CPI is for champagne economists"

2009-11-19T07:10:00.001-06:00

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

2009-11-18T19:00:00.002-06:00

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

Vote for favorite guitarist

2009-11-18T19:00:00.001-06:00

Have at it.

Hallmark Cleaners on Fortification robbed

2009-11-18T18:34:00.003-06:00

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.

Evans and Mississippi Valley Title slugfest continues in Madison

2009-11-18T12:18:00.003-06:00

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.

JJ poll: Robert Johnson leading candidate for Sheriff

2009-11-18T09:10:00.003-06:00

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%)

Meredith Whitney: We are going back into recession

2009-11-18T08:58:00.003-06:00

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.

Reservoir Ruckus: Round II

2009-11-17T09:02:00.003-06:00

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

Democrats: Terrorists bring jobs

2009-11-16T21:39:00.001-06:00

Visit msnbc.com for Breaking News, World News, and News about the Economy

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

Tuesday night at The Audiorium: Nathan Cooks

2009-11-16T16:04:00.000-06:00

MBJ: Evans stiffed printers, took $$ from advertisers

2009-11-16T15:39:00.002-06:00

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.

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

2009-11-16T11:58:00.002-06:00

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

Congrats to some very lucky guys.

2009-11-16T09:38:00.010-06:00

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.

Beck show on Black Conservatives

2009-11-15T09:32:00.003-06:00

Part 2
Part 3
Part 4

Worth watching.

She drinks her blood from a jagged edge

2009-11-13T20:51:00.000-06:00

Friday Night at The Auditorium

2009-11-13T15:00:00.000-06:00

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

2009-11-13T13:08:00.010-06:00

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.