Suits question real estate transactions

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LaKenya Barthelemy wishes she had listened to her mother.

Ernestine Evans was suspicious of the claims that S.D.A. & Associates would help her daughter and son-in-law, Ernie Barthelemy, sell their East Pine Ridge Drive home and get the family out from under a mortgage they couldn't afford. But they signed up with S.D.A. in March 2007, moved back home to Louisiana and gave owner Regina Preetorius power of attorney to deal with the house.

"That was the last time we talked," Mrs. Barthelemy said from their current home in Vidalia, La.

She never knew of the sales contract Kathryn Heath signed in September to buy 1545 E. Pine Ridge Drive for $174,900 from S.D.A. Mrs. Barthelemy didn't know Ms. Heath paid $10,000 down and gave S.D.A. an additional $10,800 in monthly payments until the Barthelemys' mortgage holder foreclosed and evicted Ms. Heath in April.

The Barthelemys lost about $10,000 in equity they had in the home. Ms. Heath lost her down payment. And an investor who put up $50,000 in exchange for a security deed on the house probably won't get any of her money back either.

What happened with 1545 E. Pine Ridge Drive was repeated over and over by Ms. Preetorius.

Three lawsuits have been filed against Ms. Preetorius accusing her of fraud and racketeering, and a number of people The Augusta Chronicle talked to who had dealings with S.D.A. say they, too, will be contacting attorneys.

HERE'S WHY: According to the lawsuits and those who talked with The Chronicle , instead of helping people catch up with mortgages or sell their homes, Ms. Preetorius treated the property as her own and obtained second and third mortgages on the houses. Investors gave S.D.A. money in exchange for security deeds on the properties. The investors' security deeds are worthless, however, if the original mortgage lender forecloses and the equity in the house can only pay off that loan. And when the original mortgage lender forecloses, anyone living in the home is evicted.

That's what happened on East Pine Ridge Drive. When the Barthelemys' mortgage holder stopped receiving monthly payments on the house, it started the financially devastating chain reaction.

In S.D.A.'s wake are more than 40 foreclosures, 12 involving Ms. Preetorius or her various business entities, and about a dozen people who went bankrupt. By the time Ms. Preetorious and her husband filed for Chapter 7 bankruptcy Aug. 4, she had been involved in the transfer of properties with a combined fair market value of more than $10.6 million. She had also persuaded investors to give her nearly $3.7 million in exchange for security deeds on properties.

Georgia law requires licenses to sell real estate and securities. Ms. Preetorius has no professional license, according to the secretary of state's records.

Jeff Ledford, the commissioner of the state's Real Estate Commission, said the law allows a person to buy and sell property for their personal investment, but no one can use the exception to get around the law that requires a real estate license.

Obtaining power of attorney isn't a normal step in real estate transactions, Mr. Ledford said. A licensed real estate agent could lose his license if he misleads a buyer about his own personal involvement in a transaction.

There's another step needed in real estate transactions: the seller's mortgage lender must be notified.

A spokeswoman for Wells Fargo Home Mortgage, which has foreclosed on at least three properties Ms. Preetorius has obtained, had this to say:

"If ownership of the property is transferred without the lender's consent, depending on the circumstances, the entire loan can be called due," said Debora Blume, who works for Wells Fargo's communication department in Des Moines, Iowa.

In an e-mail response to questions from the newspaper, she wrote, "Wells Fargo can't comment on whether this property transaction was proper, because we had no knowledge of the transfer. However, had we been contacted, we probably would not have consented."

S.D.A. touted itself on its Web page as "a multi-service company who has the ability to BUY, REPAIR, MARKET, and SELL HOMES ... We are problem solvers who can make your monthly mortgage payments evaporate."

A number of those who became involved with the company told The Chronicle that they were impressed with the Christian attitude of the business. They were also assured of the legality of what they were told inside the Reimer law firm where Ms. Preetorius shared office space, they told the newspaper. There were real contracts, real deeds filed in counties' official property records. Neither the Better Business Bureau nor Chamber of Commerce listed any bad marks against the company.

State and federal law enforcement officials report no open investigation of S.D.A. The Chronicle learned of Ms. Preetorius' business earlier this year when stories such as Ms. Heath's came to its attention through court hearings and records checks.

Attorney Pete Theodocion, who is representing Ms. Preetorius in two of the civil lawsuits filed against her, said his client has done nothing wrong in the cases he knows about. He said she got caught short by the crash in the real estate market.

In an e-mail response to the newspaper, Ms. Preetorius said she believed it was best to follow her attorney's advice and not talk with the newspaper.

Attorney Sue Reimer, who shared office space with Ms. Preetorius and assisted with the land deals and incorporation of her various businesses, according to state and county legal documents, would only say, "We are not associated with them any more."

Ms. Preetorious has had several businesses: Southeastern Holding Group, R.M.P. Holding Group, S.M.B. Holding Group, A.C.B. Holding Group, D.T.B. Holding Group, Preetoria Inc., and Omega Holding Group. The only business still licensed is S.D.A.

Lathaniel Harris knew Ms. Preetorius through S.D.A. He signed a lease-purchase contract with her on June 21, 2006, for a small, three-bedroom home on Old Highway 1.

Ms. Preetorius told Mr. Harris and his wife that S.D.A. helped people own homes, he said. They signed a lease-purchase agreement and a second contract, a "sweat equity agreement." In exchange for repairs and upkeep, S.D.A. would knock $4,200 off of the $85,000 price tag.

The Harrises and their four children, newborn to 12 years old, thought of the home as their own. They made plans to add another room, Mr. Harris said.

But then a county marshal showed up on the doorstep this summer with an eviction notice.

Wells Fargo, which provided a $58,610 mortgage for the home purchase in 2002, foreclosed on the property in April when it stopped getting payments.

On paper, S.D.A. owned the home. Ms. Preetorius obtained power of attorney from the original owner and transferred the title to S.D.A. in 2005. She gave an investor a $40,000 lien on the house.

Mr. Harris said Ms. Preetorius first told him not to worry because she would fight the mortgage company. Then she stopped taking his calls, Mr. Harris said in June as he stood in the front yard, wondering out loud how he was going to find another home for his family.

On Friday, he was still trying to find a place.

"The only thing they were doing was helping themselves," Mr. Harris said.

WHEN MS. PREETORIUS MET with Barbara Ring to explain how her company worked, Ms. Ring was assured that under Georgia law, the security deeds she would get for her $100,000 investment were indeed secure, Ms. Ring said. She was told the worse thing that could happen was she would end up with the property. Because they were sitting in a lawyer's office, she took the statement as true. The 12 percent return Ms. Preetorius proposed didn't seem too good to be true because she already had an investment paying 9 percent, Ms. Ring said.

She got interest checks for five months, then nothing. Her money was sunk into a $1.85 million home in Duluth in Gwinnett County. Property records show it is owned by S.D.A. but is in foreclosure.

Ms. Ring is one of 108 potential unsecured creditors listed on the Preetorius bankruptcy petition. The court will have difficulty notifying Ms. Ring of any proceedings, however, because Ms. Preetorius gave the court a wrong address for Ms. Ring.

Ms. Ring retired after selling antiques for 38 years, but she has to reopen her shop and sell off her personal antiques because of the $100,000 loss.

"I thank the Lord every day that I have these things. I may have an empty house when I'm done, but I'll have some money in the bank to start over," said Ms. Ring, who is nearly 69.

ARTHUR M. KENT invested with S.D.A. in November 2006. He filed suit last month seeking his $50,000 investment. He alleges the deal with S.D.A. was fraudulent and that he is entitled to punitive damages as well.

Mr. Kent's lien is on 4070 Pinnacle Way in Hephzibah. Not only did another investor have a $40,000 lien on the same home, First Franklin Financial Corp. has the $153,900 first mortgage on the property and filed notice of foreclosure after Ms. Preetorius got control of the house.

Richmond County property records lists S.D.A. as the owner. In 2005, the owner was in foreclosure when he gave Ms. Preetorius power of attorney for the house, now valued at $185,580. She transferred ownership to S.D.A. six days later.

As with all of the property records involving Ms. Preetorius, her husband and her mother, Marie Champagne, Ms. Reimer or the lawyer's staff was involved with the transfers.

Ms. Champagne was convicted in 1989 of mail fraud for her role in a multi-state scam that promised million-dollar loans to businesses through her service, Financial Business Brokers Inc., according to reports in The Chronicle . She was sentenced to two years in prison and ordered to pay more than $800,000 in restitution.

Michael Rollins hired attorney Daniel Wright McLeod to get his Evans home back from S.D.A. Mr. McLeod was successful in February, but Ms. Preetorius had already exchanged a $25,000 security deed on the home with an investor.

Mr. Rollins worked out a payment plan with his mortgage company and stopped a foreclosure action.

If Mr. Rollins had lost the house in foreclosure, he would have had no obligation for the $25,000 security deed on the house. But since he has the property, he might be responsible for the $25,000 Ms. Preetorius got from an investor.

"Now that means we have to fix this," Mr. McLeod told Mr. Rollins, a military contractor who was in Iraq when his wife made a deal with Ms. Champagne to market and sell their home.

Andrew Sumpter had a similar agreement with S.D.A.

The Army veteran serving in South Korea and his ex-wife, who is on her second tour of duty in Iraq, gave Ms. Preetorius power of attorney in October 2005 for their Breeze Hill Drive home. Mr. Sumpter said he met with Ms. Champagne and signed a contract that stated he and Alester Sumpter were relieved of their mortgage obligation because S.D.A. would assume the loan. He thought everything was over until a chance check on his credit report in December 2007. The mortgage company hadn't received any payment for the past three months.

The Breeze Hill Drive home is in S.D.A.'s name, and until recently it was occupied by a couple who paid a $6,700 down payment and $1,000 a month as required by their lease purchase contract.

Property records show an investor gave Ms. Preetorius $11,000 in exchange for a lien on the property.

"The only thing I seem to own is the loan," Ms. Sumpter said. "All she did was sell us a bunch of lies."

Mr. Sumpter and his ex-wife are listed as potential creditors on Ms. Preetorius' bankruptcy petition. The court might have trouble keeping them up to date on proceedings. The address Ms. Preetorius provided for both Sumpters is 3016 Breeze Hill, the $124,280 home they turned over to Ms. Preetorius nearly three years ago.

MS. PREETORIUS DID PAY some homeowners for their properties. She bought an Albemarle Court home in November 2004, possibly sparing the owner from property foreclosure.

According to property records, the house is now owned by the Richmond County Homeless Animal Trust. An investor holds a $15,000 lien on the house, and a mortgage company has initiated foreclosure proceedings against Ms. Preetorius.

She and her husband have defaulted on more than $2.5 million in various mortgages, according to court and property records.

The Preetoriuses, however, claim only a total of $2.47 million in liabilities, according to their bankruptcy petition. They did not count the investors holding security deeds, or the property sellers and buyers.

They list zero assets and state their only income is unemployment compensation and child support payments, according to the bankruptcy petition.

The Albemarle Court home is listed with foreclosed property, along with 16 other houses that appear in property records as owned by various entities, including the Columbia County Wildlife Trust and the Coweta County Disabled Veterans of Desert Storm.

One of the properties missing from the list is the Breeze Hill Drive home the Sumpters once occupied. According to Richmond County property records, it is owned by S.D.A.

According to the bankruptcy petition, the Preetoriuses intend to contest any claims brought by any of the listed buyers or sellers, such as the Sumpters.

Mr. and Mrs. Barthelemy are on that list, too. Mrs. Barthelemy said they sought Ms. Preetorius' help when she became pregnant with their third child and lost her job. They considered filing for bankruptcy then, but thought the sale of their home would spare them. "She led us to believe she was an agent who helped people get out of houses they couldn't afford," Mrs. Barthelemy said. "I was crazy and took her word for it."

Reach Sandy Hodson at (706) 823-3226 or sandy.hodson@augustachronicle.com.

WHAT'S NEXT

On Aug. 28, American Home Mortgage Services will ask the bankruptcy court to allow it to proceed on its foreclosure of Regina and Charles Preetorius' Windmill Lane home. The bank claims

it hasn't received a payment on the couple's $567,000 mortgage since September.


On Sept. 3 at 9 a.m., the bankruptcy court will hold the first hearing for the Preetoriuses and any potential creditors.


In less than four years, Ms. Preetorius, through various business entities, has had control at some point of the following:


- 30 houses in Richmond County, total value about $2.79 million


- 19 houses in Columbia County, total value about $3.83 million


- 3 houses in Henry County, total value $697,500


- 1 home in Clayton County, value $193,062


- 1 home in DeKalb County, value $203,800


- 1 home Gwinnett County, value $1.85 million


- 1 home in Coweta County, value $882,035


- property in McDuffie County, value $127,390


- property in Burke County, value $50,000

Source: County property records: value is listed fair market value

Comments (142) Add comment
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bulldog08
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bulldog08 08/21/08 - 06:57 am
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I have a question I hope

I have a question I hope someone can answer in simple terms for me. Based on this article there appears to be 108 "unsecured creditors" listed on the bankrupty petition and that Regina has Zero assets. Do they all go to court and find out they are SOL? If they do go to court, or whatever the correct terminology of the proceeding may be -- what is the purpose of the bankruptcy proceeding?

SIGHER
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SIGHER 08/21/08 - 07:30 pm
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bulldog08, The unsecured

bulldog08, The unsecured creditors already know they are SOL. The purpose of the bankruptcy hearing is that creditors can fight against it (the bankruptcy). Yes, it is sad people like this can get away with it, maybe. Upside is, the bankruptcy will show on their credit reports for the next 10 years. Those creditors not listed on the bankruptcy can still go after them, obtain a judgement and have their unemployment checks garnished. LOL (not sure about the garnishment of unemployment checks, but sounded good). Hope this was simple enough. This is a tangled mess. Best case scenerio, the fraud and racketeering charges will stick. Does not look like the victims will recoup their losses.

rockinrealtor
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rockinrealtor 08/21/08 - 11:45 pm
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They call me pete. You are

They call me pete. You are just freakin hilarious! Please don't stop with the comments, I find your wit very entertaining. I especially loved that comment about the Queen of the night, couldn't quit laughing. Obviously you can tell by my screen name I am a realtor in the area, I wonder if I know you. Anyways I haven't had the pleasure of meeting these people but have been following the story. Very disgusting, I hope she gets what she deserves. Oh what a tangled web we weave.

they call me pete
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they call me pete 08/22/08 - 01:35 am
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you probably know me rockin.

you probably know me rockin. I'd bet on it

Baen Chod
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Baen Chod 08/22/08 - 02:42 am
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In response to

In response to augustalawyer's post on Sunday August 17, 2008, the attorney cited in this article, Sue Reimer, did nothing wrong. Everything she has done has been by the book. Her only mistake was to do the legal work for someone who failed to abide by the agreements she (Regina) made to homeowners and her private lenders after Sue's responsibilities ended.

If you have a medical doctor who tells you to stop smoking or your health will suffer but you keep on smoking and develop lung cancer, is it the doctor's fault? No, the doctor can only do so much to help you but has no control over you when you leave the doctor's office. Likewise, when Sue does real estate closings, she will do everything she can to make sure all laws are followed but she has no control over the actions of the buyers and sellers once they leave her office. I've used Sue for real estate closings and will continue to do so.

- Robert Kim (Aiken, SC)

bulldog08
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bulldog08 08/22/08 - 10:30 am
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SIGHER: Thank you for

SIGHER: Thank you for making the cloudy waters a little clearer. I'm amazed by this entire, I'm not sure what you call it - con game, real etate investing gone wrong, whatever. My take on a bottom line is a major real estate investor conning folks, giving the impression of trustworthiness using an established local business attorney (Reimer Law) and a real estate agency (Blanchard). Hard to know who to trust in this area when either established businesses are being conned or just as quilty as the crooks. I pray that fortune smiles on each of the 108 victims - I hope they are successful in preventing Regina from declaring bankruptcy.

kk19299
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kk19299 08/22/08 - 03:06 pm
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Robert, Check property

Robert,
Check property transfers if you think that Sue did nothing wrong. She was transferring with her name and using power of attorney too. Also who is "Re New for You, LLC"? And why was she transferring property to Marie?? Sometimes even the best can be conned into joining along when it looks like a good way to make some money. I doubt that anyone will be able to stop the bankruptcy. Its up to the judge and if you research.....most bankruptcy requests are granted. But if you have assets undeclared like jacuzzis and a ton of new furniture.....shouldn't they be sold to pay off a small portion of the debtors??

Professional Realtor
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Professional Realtor 08/22/08 - 11:38 pm
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I had the displeasure of

I had the displeasure of having these folks contact me to secure homes for their so-called clients and to assist them with writing up contracts for Wrap Mortg and with 80/10 ownership. I told them to take a hike they even had a Mortgage Broker who would issue Pre qual letters for their so called buyer’s. I so the light when Marie came into my Office. I told her it was unethical and illeagal. She told me Sue would handle all the legalties. I have known of Sue and Bob for a long time. They are crooks from way back to their Real Estate Agent days before they passed the State Bar. I have had several of these Cash for key type folkes contact me and request that Sue handle all of their dealings. Sue and these folkes are in it together to defread all involved. Needless to say I told Marie to take a hike. She even called me at one point to ask me for a personal loan to keep her a float. I just ignored her emails and calls. This is all wrong and another good reason folks should only use Realtor with lot of experience, integrity and honesty in their background. Real Estate is NOT A GET RICH QUICK SCHEME it takes time, patients and years to make money. I recommend the best Attorneys and para Real Estate professionals to my clients. Pete you should refrain from recommending anyone. I know who you are and you’re a good guy but recommending a particular person has and will hurt you in your business. Let’s get back to basics. I have made a wonderful living in the Real Estate business and all of it has been Honest, Ethical and above board at all times. I have had to opportunity to do the wrong things but I know that I would have not made it this far if I had bowed to the pressures. I make a living helping a lot of folks over come the bad experiences of dealing with the wrong agents. I ‘m also at the top of my field so go figure.

Professional Realtor
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Professional Realtor 08/22/08 - 11:44 pm
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Pete that is one bet you will

Pete that is one bet you will win! I do know you and you know me. Think hard and you will be able to place me as well.

Professional Realtor
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Professional Realtor 08/22/08 - 11:59 pm
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Robert you are naive and I

Robert you are naive and I know you have not been in this business as long as I have. Sue is a crook. She knew what she was doing. Ignorance of the law is not excuse. If you have dealt with her much. Then watch out the commission is a coming my friend get your records in order. Use a good ethical attorney. You income will go up up up. Sue is going to lose her licensure to practice law as she should. Forget about dealing with her

Professional Realtor
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Professional Realtor 08/23/08 - 12:12 am
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Sue Reimer? I Told her about

Sue Reimer? I Told her about 15 years ago this was going to happen you can't do bussiness like she does and not get caught. She has hood winked so many folkes. She even tried to hood wink God by proclaiming to be a born again Christian. Thinking this would convince folks that she had changed. You can’t teach and Old Dog new tricks. This is why she is not a Judge the other Attorneys would not let it take place. We all saw the light years ago. Now Sue will lose her Licensure and we will be rid of her unethical practices.

grasshopper72
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grasshopper72 08/24/08 - 12:24 pm
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Why are wraps bad? So a

Why are wraps bad? So a REALTOR is a real estate agent who pays a fee for the designation and "promises" to be better than a real estate agent ... or is there some other issues involed? What would have been the better way, other than a REALTOR, for this situation to be resolved? I ask, other than a REALTOR, because I had a neighbor who tried to sell his house ... tried to use a REALTOR ... but with the comission's they charged, he would have lost money. This REALTOR said they couldn't help ..... so he lost his home. ..... I now that he shouldn't have bought something he couldn't afford, and he could until his wife was unemployed ... but things change.

Thanks for any info you can provide.

robert65
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robert65 08/24/08 - 01:47 pm
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When is this nonsensical,

When is this nonsensical, vapid jibber-jabber going to abate. Most of the commenters and assuredly the well-meaning although sadly deluded writer of the newspaper article don't have even the slightest grasp of all or even most of the FACTS appertaining here. So, if you don't actually know with ABSOLUTE CERTAINTY what your're wringing your hands and shrieking about, and NONE of you do, SHUT UP and cease this silly and malicious Salem, oops, I mean Augusta witchhunt! And in anticipation of the inevitable inane suggestion that I am one of the parties involved, I'M NOT! As is plain to read, I don't suffer fools gladly. P.S. To "Pete" --- Get a life, you simpleton!

BarbaraAnnJackson
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BarbaraAnnJackson 08/24/08 - 02:13 pm
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Be WARNED about Wells Fargo’s

Be WARNED about Wells Fargo’s falsified IRS form 1099-A's or 1099-C's! Here’s the gist of it, and a link to my entire statement:
http://www.lawgrace.org/2008/08/08/my-august-8-2008-statement-to-the-lou...

Ms. ***sent a letter on Wells Fargo's behalf concerning the false 1099-A. GE Capital Mortgage Services, Inc., became defunct in year 2002 when it merged into GE Mortgage Services, LLC. It is impossible for foreclosure auction to have LAWFULLY been carried out in 2005 on behalf of non-existent GE Capital Mortgage Services, Inc. Also, it is NOT POSSIBLE in 2005 for Wells Fargo to continue being the "mortgage servicer." Further, if my property was acquired by GE Capital, there is NO LAWFUL REASON for the 1099-A to exhibit Wells Fargo's name. Using defunct GE Capital's identity, debt collector __, fraudulently seized and flipped my property. Contrary to the1099, the Fair Market Value was not $12,000. . .A lot of foreclosed property owners will one day discover a 1099-A or a 1099-C for which the IRS wants answers.

they call me pete
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they call me pete 08/24/08 - 03:09 pm
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Robert65--shut up. You are

Robert65--shut up. You are part of the clan and youre not even good about hiding it.

they call me pete
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they call me pete 08/24/08 - 03:15 pm
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grass--I'd be happy to

grass--I'd be happy to explain it, but it seems like every time i say something, I get killed for it. Not that I mind though.

they call me pete
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they call me pete 08/24/08 - 03:19 pm
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http://www.mtgprofessor.com/A

http://www.mtgprofessor.com/A%20-%20Scams/the_wrap-around_mortgage_scam.htm ............Instead, I will stay out of it so I don't hurt anybody else's feelings and you can read about the scam yourself here. Notice the promised rate of return to the investors in this case locally was 12%. Note the example given back in this link...which was written in 2003.

robert65
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robert65 08/24/08 - 04:56 pm
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For "they call me pete" (and

For "they call me pete" (and probably a great many other UNCOMPLIMENTARY appellations) --- You belong on the Mount Rushmore of idiots. I'm not part of any "clan" but YOU surely seem to be more than qualified to be a part of "THE KLAN," if you're bright enough to know what I mean, which I doubt. You're so stupid I don't know how you breath on your own! You mentioned that you have "medical issues, big time." Are you sure you don't mean mental --- not medical? But then again, someone in such an obviously and severely deteriorated state of mental health, as you pathetically are, really wouldn't be able to discern the difference, would they? Oh, please forgive my use of multi-syllabic words. Most likely they're vastly beyond the scope of your everyday juvenile and illiterate redneck vocabulary! Pete, here's some real good advice for you: from now on never go into a battle of wits or words UNARMED (especially with ME). This is my final posting in re the entire matter. Farewell, cretin!

grasshopper72
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grasshopper72 08/24/08 - 06:54 pm
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Ok Pete ... I can see why

Ok Pete ... I can see why that article was a scam ...

Are all wrap arounds scams??!?!?!

Thnx for the info.

they call me pete
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they call me pete 08/24/08 - 11:20 pm
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Yeah...you really got me

Yeah...you really got me robert. Now go back into your mom's basement. You really have a problem with me don't ya? Goodnight Regina. I can smell you from here.

they call me pete
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they call me pete 08/24/08 - 11:23 pm
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grasshopper--As far as I know

grasshopper--As far as I know they are. They are banned everywhere in the southeast but they can be tricky to sort out until a victim comes forward. Normally, by that point the scam has been repeated over and over. It's a shame what some people will do to others.

patfan247
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patfan247 08/25/08 - 07:13 pm
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I have known Sue for years-

I have known Sue for years- she has been my attorney for personal and business matters- I trust her and Bob. they closed my house for me and went far and beyond the call of duty to make it a smooth transaction and look out for my best interests. I think many more facts need to come out before someone is crucified by a newspaper- what happened to innocent until PROVEN guilty??

kk19299
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kk19299 08/28/08 - 12:24 pm
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Pete Theodocion is a criminal

Pete Theodocion is a criminal defense attorney and seems to be a heavy duty lawyer (former State of GA prosecutor) instead of a bankrupcty attorney. Pete what do you make of that?

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