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APAB HOME  /  NEWS & INFO  // PUBLIC RESEARCH  //  CLASS ACTION (password)

DAVID'S ORIGINAL LETTER
CONCERNING APPALACHIAN COMMUNITY BANK

To View / Download this as a 5 Page PDF - Click Here

To Whom it may concern,

I have information about Appalachian Community Bank that I feel legally & morally obligated to release publicly. 
I have forwarded this document to The FBI, the AJC, and various North Georgia News organizations.  But at this point I feel that it is the community & the public that is the victim, and morally I feel it best to release the information directly to the people that matter - the community of all the little people - all of us that are puppets in the shady backroom financial dealings that are destroying this nation, and the world.

My name is David Hopkins, and I own and operate North Georgia's For-Sale-By-Owner and Real Estate marketing website - www.TheMountainsVoice.com.  I was originally approached by Adam Teague in March of 2009 to help market APAB foreclosures.  Nothing came of it.  In the Fall of 2009 I was later contacted by Rusty Beamon.  I replied with a proposal to "test market" 5 properties.  My 1st warning flag was that I could not locate some of the properties in the local Tax Assessor websites.  After recontacting the bank, I got detailed directions, visited the properties, took my photographs, returned home and spent weeks developing websites for the properties, and then began marketing.

Almost immediately, confusion began.  I was repeatedly contacted by the bank asking me to change the contact information around.  After waiting to get paid - I was told by Rusty that the delay was because he had to manually edit my invoice to reflect only 2 properties, and not the total 5, although I was still to market all 5, but I was going to be short paid (Correction: I was paid in full, however it was after I agreed to a reduction AFTER sending my invoice, which was negotiated after fraudulent misrepresentations on the part of the bank - but in fairness I did agree as my records indicate.), and with 2 separate checks.  I have since found out that to the best of my research abilities, only 2 of the properties were actually bank owned foreclosures, yet I was being paid (by the bank) to market other properties.  I will go into some details on the properties for a while, and then you will see how it all ties in as we proceed.

The two properties owned by the bank are identified as:

  1. Lot 7 - Brasstown Wilderness S/D.; Blairsville, GA 30512
  2. 3636 Watts Place; Blairsville, GA 30512

The remaining three properties (which is where the problems begin) are identified as:

  1. 255 Serenity Ridge Lane; Morganton, GA 30560
    Parcel Number:
    ???
    Tax Website: http://www.qpublic.net/ga/fannin/
    Owner Info: Undetermined – see info and notes below that reference TWO separate Tax Mapped properties, one seemingly representing the home, and one the undeveloped raw land of the development the home sits in.  The home is mapped as being miles away from where it really is.  There is no seeming record of the original acreage ever being subdivided – and yet a home was built, and big money loaned on the job.


    ► The following Tax Parcel shows the correct HOME details :
    Parcel: 0008 10A1AA 
    ANDREWS EDWARD & LAURA
    C/O APPALACHIAN COMMUNITY BANK
    829 INDUSTRIAL BLVD ELLIJAY, GA 30540
    Notes: Above property was foreclosed on by APAB on 6/2/09.  Property sold to GPH Investments LLC
    (on 8/18/09 for 431K)

    GPH Investments LLC
    305 South Main Street
    Ellijay, GA 30540
    NOTE: Ellijay Ace Hardware is located at this address – When I called the Ace Hardware and asked for GPH Investments, she said she just answered the phones for them, and could take a message. Both an employee of Appalachian Bank, and Rusty Beamon himself, have told me that public marketing for GPH properties is to be directed to Rusty Beamon’s private cell phone & email addresses.  So this GPH Investments cannot seemingly be tracked down – and as of
    12/29/2009 there is still not a single recorded ownership record for GPH Investments in the public Fannin County tax website database.


    ► The following Tax Parcel shows CORRECT
    LAND TRACT (far away geographically speaking) that the property is located on, which is shown as an undeveloped 20+ acre land tract. 
    Parcel: 0008 010A1
    SERENITY RIDGE LLC
    4740 MERLENDALE DRIVE
    ATLANTA, GA 30327

     
  2. 28 Fish Camp Way; Mineral Bluff, GA 30559
    Parcel Number:
    0050 022 02
    Tax Website: http://www.qpublic.net/ga/fannin/
    Owner Info:
    TOCCOA RIVER FISH CAMP LLC
    588 EAST MAIN STREET
    BLUE RIDGE, GA 30513
    Notes:

August 18, 2009 – Property was sold to GPH Investments LLC from the Bank (APAB).
Security Deed in amount of $3,400,000 +/-: Book 906 Page 376 – 381
Security Deed Matures August 18, 2010
Warranty Deed: Book 906 Page 374 – 375
* The property is only valued at around $350K
(Correction: $425K is current Tax Assesor value) , so that is a very large amount of money to be represented by this property (an excess of $3 million dollars to be exact Correction: nearly $3 Mil). Were there other properties involved? I don’t know.
 

  1. 502 Overlook Dr.; Blue Ridge, GA 30513
    Parcel Number:
    0054 B 05102
    Tax Website:
    http://www.qpublic.net/ga/fannin/
    Owner Info:
    NEWMON PROPERTIES LLC
    689 OLD TAILS CREEK ROAD
    ELLIJAY, GA 30540 

    Notes: The address given for Newmon Properties is the same address as Tracy Newton’s personal residence home (
    Tracy is former APAB CEO.  Parcel ID for Tracy’s home is 3065 149” at the Gilmer County Tax Assessor website: http://www.qpublic.net/ga/gilmer/).
     

Soon after marketing began, Rusty had me do a 6th property identified as:

¨       530 Dover Chapel Terrace; Ellijay, GA 30540
Parcel Number:
3050G 015
Tax Website: http://www.qpublic.net/ga/gilmer/ 
Owner Info:
TEAGUE ADAM
251 TURTLE RIDGE RD
ELLIJAY, GA 30536
Notes: Adam Teague is one of the 3 former Appalachian Bank employees let go and under investigation (including Rusty Beamon & Tracy Newton). It is worth noting that Mr. Teague bought the property for $0.00 zero dollars according to tax records, and even the official tax assessor website lists the sale as “Questionable Price”).
Note 2: I was assigned to do this property while I was in a meeting with Rusty in which we were discussing my marketing of the Bank’s Foreclosures – in an effort to help solve the problem of their foreclosures.  When I went to the property and found it locked, Rusty & Adam drove out in the middle of the work day to unlock the property for me. I was told that this property was to be marketed as having “Special Bank Financing” direct from APAB. So dealing with the banks problems on bank time seemed to be a 2nd priority to dealing with Bank Officer’s personal property.


After finishing that job, a seventh property got involved.  I had again tried following up with Rusty to see whether or not we were making any headway with my proposal to market the bank’s foreclosures.  All Rusty wanted to do was discuss my marketing of Tracy Newton’s personal property.  A date was scheduled for me to photograph the property, but never materialized.  (I was told that yet another bank employee would meet me at the property). The property owned by Tracy Newton in question is identified as:

¨       689 OLD TAILS CREEK RD; ELLIJAY, GA 30540
Parcel Number:
3065 149
Tax Website: http://www.qpublic.net/ga/gilmer/  
Owner Info:
NEWTON TRACY
689 OLD TAILS CREEK RD
ELLIJAY, GA 30540
Notes: My only comment here is that a lot of bank time was spent on discussing my marketing of Tracy’s personal property – when I was trying to develop a business relationship to try and solve the banks foreclosure inventory problem. Solving the bank’s problem was clearly a 2nd priority.  Again it should be noted that the above property, owned by Tracy Newton, is also the corporate address given for Newmon Properties (that owns 502 Overlook) which I was being paid to market with supposed bank funds.


HERE ARE SOME QUESTIONS / FACTS:

FACT #1:
I was paid by Appalachian Bank to market a mix of 5 properties:
A) two bank owned properties + B) one property owned by an investment company seemingly owned by bank president Tracy Newton + C) 2 other properties seemingly owned by a shell company represented by Rusty Beamon, the bank officer in charge of bank foreclosures.
SUBSEQUENT QUESTION SET #1:
  Isn’t this co-mingling of bank funds to market bank owned properties + personal or non bank owned properties illegal or at the least immoral?  Should the people at the highest levels in the bank have been spending bank time to focus on marketing & selling personal & non bank owned properties – even actively steering a marketing vendor away from legitimate bank business discussions which could have benefited the bank? 

FACT #2:
Some of these properties were bank foreclosures that were sold to groups that had direct association to top level people in the bank.  In one case a very large “Security Deed” was attached to the property in an amount over $3,400,000.  It is not clear if this was a refinance, or what.

SUBSEQUENT QUESTION SET #2:
  Isn’t it strange that properties are being sold / refinanced to “Shell Investment Companies” that have ties to bank employees?  I know other people that have tried refinancing, and the bank has simply been rude and turned them down – I am told.  But I guess it is nice to be the one asking for, and then approving, your own financing – especially at top dollar, and incredibly good rates.

FACT #3:
I was told to direct market these properties as bank owned foreclosures, when they were NOT.  I was told to direct all contact information to the bank.  I was told to offer incredibly good bank financing offers attached to the properties.  After the three bank officers (Adam Teague, Rusty Beamon & Tracy Newton) were removed from their positions – I was told to redirect all contact information to the personal contact information of one of the previous bank officers (Rusty Beamon), and even after the new bank management (Danny Jett & Cat Benitez) came on board and told me to leave the bank as principle contact, I was again told by a bank employee to redirect the contact information to Mr. Beamon. This confusion and the inability of bank personnel to even tell me whether the properties were bank owned went on for nearly a month.
SUBSEQUENT QUESTION SET #3:  Isn’t this co-mingling of bank time and monies to market properties that aren’t bank owned?  I don’t now if it is illegal – but it is surely unethical.   Isn’t it illegal to pay for marketing of, and to market properties you don’t have title to?  Shouldn’t they have been trying to sell the properties that the Bank was holding, especially since the banks primary problem was the huge inventory of existing foreclosures they had? 

FACT #4:
Just recently I was contacted by an individual that had during the month of December been shown by current bank officers some of these properties I was marketing.  He had approached the bank about foreclosures, and they were showing him some of these non bank owned properties, specifically 28 Fish Camp & 255 Serenity Ridge – both owned by GPH Investments, and currently handled by the former bank officer Rusty Beamon.  But they were representing these properties as Bank Owned Foreclosures.  This was supposedly after I had alerted them to the fact, and they had confirmed the fact that these properties were not bank owned.

SUBSEQUENT QUESTION SET #4:
  Why is the bank still trying to sell properties not owned by them, but owned or represented by previous bank officers?  Why were they doing it in the first place?

FACT #5:
Some of these properties have very questionable Tax Assessor records.  After contacting the Fannin County Tax Assessors office to try and figure all this out – I almost immediately received a call from Rusty Beamon (on two separate occassions). 

SUBSEQUENT QUESTION SET #5:
  Is it coincidence that I can never get in touch with Rusty – and yet after inquiries about questionable records – he calls, telling me not to talk to anyone but him about the properties?  Is the Tax Assessors office in on some of this?   Are some of these accounts flagged so that someone gets a call?  And how was money originally loaned in the first place on properties that were never even entered into record in the Tax Assessor books?  Or seemingly even subdivided from the original land?  Why are sales and foreclosure data not entered into the updated records for up to 6 months after the fact?  Why are tax records pointing to differing records that don’t match up with correct locations?  Why are so many of these problem tax records all associated with GPH Investments / previous APAB properties?

FACT #6:
When Rusty last contacted me, he told me not to jump to assumptions, but that he could not say anything due to the severance package detail he received as part of leaving Appalachian Community Bank – supposedly under investigation for wrongdoing, along with Adam Teague & Tracy Newton.

SUBSEQUENT QUESTION SET #6:
  Since when do we pay people to leave and stay quiet about the facts, unless other persons still at the bank have needed to hide things?  Who agreed to this – which members of the board?  What was the settlement?  What is Rusty Beamon's relation to GPH Investments?  How many other people in the bank are aware of all of this?
 

SUMMARY:

I’m just a fellow trying to earn an honest living.  But I am an honest man that is disgusted with the way this world seems to conduct business.  It is the job of the investigative branches of law enforcement to investigate and prosecute these matters.  It is the job of the news media to investigate and report the facts to the public it serves.  But as a citizen of the nation, resident of the region, and as a child of God, it is my responsibility and obligation to put the facts I am aware of into the light.

With that said I am posting this information publicly, have forwarded a copy of this to the FBI, the Atlanta Journal Constitution, the Ellijay Times Courier, and the Fannin County News Observer, and the current Management team of Appalachian Community Bank.

I have no financial interest in any of this.  As of today I am removing all of these properties from my North Georgia Real Estate website, http://www.TheMountainsVoice.com, with the exception of a single property that the bank says they own, and public records bear witness to the fact they own.

I make no claims that I have knowledge of illegal activity, nor am alleging that anyone broke the law.  But the above are pretty interesting facts, and the questions raised are just reasonable things that popped into my mind.  I have now shared what I know – but any actual wrong doing is for others to prove.  If anyone with reason to ask for clarifications wants to ask me any questions, please leave me a voicemail stating clearly who you are, what organization you are with, and the purpose for your clarification, and your phone number.  Unless you are someone with legitimate rights / legal needs to know further information – I will most likely ignore you.  I've pretty much said what I feel I need to. (Edit: I do have copies of payments made by the bank, and emails identifying the specific properties (non bank owned) to be marketed. I will make these available to legal authorities upon legal request)

I was trying to earn an honest living, and hopefully help a local financial institution begin the process of recovery.  I am disappointed that I was ensnared in issues that had nothing to do with those goals.  

To the three former APAB employees – don’t contact me except by email.  If all of this is perfectly harmless, then I am comfortable that the truth shall prevail, and you will be exonerated as people simply caught up in trying to save the poor bank and all acting unselfishly, and deserving of medals.  Regardless, I have lost money, and had my time wasted, and my personal finance and family has suffered for it, and no amount of justification will change that.  Lies and manipulations hurt people.  And it spreads.  I think a lot of people have been hurt by the actions of a few, and I hope someone gets to the facts of the matter.

Hopefully by releasing this in a more public fashion, it will become more difficult to sweep under the rug.  Unfortunately, it will probably just cause me more pain.  But right is right, and too many good people keep looking the other way, or keeping silent.  As a good friend of mine is fond of quoting, “All that is needed for evil to flourish – is that good men and women turn their heads and do nothing”.

People of all walks of life, especially in this day and age, need to think about that.  To do what is right, to fear not to fight giants, and to have faith that in the end God (and Goodness) will prevail – this is worthy of the righteous.  And there's not enough of that attitude going around nowadays - just lots of lip service and very little action!

Peace,

David Hopkins
P.O. Box 247
Marble Hill, GA 30148
706-621-4400 (voicemail)
TheMtnsVoice@aol.com
http://www.TheMountainsVoice.com

 Written: December 29, 2009

Edits: I have corrected some minor facts on December 31, 2009 in an effort to be completely exact as to facts. Edits shown in red and identified as edits & corrections.
 

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