UPDATE Nov 14: AWARD ANNOUNCEMENT!
We have a “partial” winner! Technically, the requirements of the challenge have still not been met, as NO proof has been offered that Main Investors of Big Canoe owned the property when they sold it to us as part of a $250K transaction – BUT, an astute property owner has provided a critical piece of the puzzle by pointing me to Bk 1080 Pg 500 (which I actually had, but misinterpreted as a different parcel). It contained a 2nd Deed for the same property in question – only this time from the CORRECT Owner, Big Canoe Company. SO IT IS ESTABLISHED THAT THE POA IS THE LAWFUL OWNER. The bad news might be found in the fine print of Exhibit B of the Deed…. being that the Conservation Easement Restrictions were clearly spelled out, and the POA was clearly and legally made aware of the requirements, and continued allowing the violation of the CE requirements. So even though the CE violations occurred on the watch of Big Canoe Company – the POA was made legally aware of the restrictions, and one assumes they bear some responsibility for continued violations. However – it still may be that UIG will be held liable in the end – as the Easement they acquired through Big Canoe Utilities – they seem to indemnify the Owner for violations arising from their actions. And they ARE the ones profiting from the violations. Pass the Popcorn!
Before I begin this article, I want to direct the readers attention to a recent article by Patricia Cross, of BCMatters.org. Her latest article titled, “Let’s not give away the ranch…” is very much in line with our ongoing Big Canoe Water and Sewer Series. As a Big Canoe Property Owner, this newspaper publisher would like to thank Ms Cross for the work she does. This one is a very long article, but for intelligent people capable of grasping the issues – it will be very informative (and concerning).
Now, on to the Challenge!
FOBC recently published an Article about a Whistleblower Report sent to the IRS by the FOBC Publisher, David Hopkins, a resident / property owner within the community since 1999.
As predicted in the article, the “Powers that Be” within the community wasted no time cranking up the Spin Machine – most specifically the spreading of lies and propaganda against Mr Hopkins and his Newspaper, FOBC. Numerous sources have reported (and 1st hand communications with hysterical property owner gossips have confirmed) several consistent misinformation rumors being actively circulated. For the intent and purposes of this brief Article (and Challenge) I will ignore the more personal natured attacks, and focus only on a Single Fact.
The Whistleblower Report (see Pg 4; Sect 3; (a)) alleged that the CE Property in question, that was a part of the 2016 Big Canoe Land Deal, and was supposedly deeded to the Big Canoe POA at the time – was not actually owned by the Grantor – and therefore the transaction was not legal. People appear to be up in arms over this egregious bit of misinformation and “fake news” by FOBC.
So let’s put this gossipy nonsense to rest shall we?
First let us recap the allegation in detail. The CE Property was owned by Big Canoe Company (BCC). BCC transferred the property to a subsidiary, Main Investors of Big Canoe LLC, in a January 27 2001 Deed. Main Investors then did 2 things:
- On Nov 11, 2002 Main Investors transferred the property back to BCC.
- On April 14 2016, Main Investors then SOLD the property to Big Canoe POA as part of a $250,000 Sale – even though they were no longer the Owner of the property.
FOBC did extensive title and deed search work, and could not find any references to Main Investors having gotten the property back from BCC (or any source) since they let go of it in 2002. In short, they did NOT own the property when it was fraudulently sold to the Big Canoe POA in 2016.
FOBC is offering a $500 Reward to anyone that can prove this reporting wrong. Basically – Put Up, or Shut Up! The first person or entity to provide FOBC with a valid and legal deed that shows Main Investors getting that property back at some point after they deeded it to BCC in 2002 – gets $500.
A DIRECT MESSAGE TO THE POA & BOARD:
FOBC has spent well over $5000 during years spent in searching for Deeds, Records etc of Big Canoe. A Paid Title Search has even been performed. Hundreds and hundreds of documents and deeds, at 50 cents per page, have been searched and downloaded. Some of the individual records have close to 200 pages (that is $100 per deed in some cases to download and archive – not to mention the substantial time spent reading, searching and reviewing these documents). FOBC sought every possible search option in seeking any record regarding this particular 2002 – 2016 ownership gap for Main Investors of Big Canoe LLC. Nothing was found to support the fact that Main Investors of Big Canoe LLC had title to the property when they sold it to Big Canoe POA in 2016. Indeed, in 2006, the Big Canoe Company again amended the Conservation Easement, signing as THE OWNER.
The question is…. WHO was supposed to be in charge of this for the POA? Did we not even perform a title search? Where were the lawyers or responsible overseers of this deal to have missed something so critical? Seriously – a 10 year old could have discovered with 2 clicks of a mouse that Main Investors didn’t own the property when they “SOLD” it to the POA.
Make no mistake, FOBC is lodging serious allegations of incompetency and potential fraud at the Big Canoe POA, their Attorneys, and their Board Members.
It sounds to me like the POA and Board of Directors have a serious stake in clarifying my “Fake News” allegations. I am sweetening the pot, and offering to pay them $500 if they can provide a public record document that shows that FOBC has made a mistake. If there was ever an opportunity to make FOBC look stupid, as has been tried for so many years, this is a golden opportunity for our detractors.
Let the challenge begin!
This Article Shareable Online at our FOBC Public News Group:
https://www.facebook.com/groups/FocusonBigCanoeGA
Peace,
– david / publisher
Focus on Big Canoe, GA
* a publication of The Mountains Voice
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