UPDATE: Lawsuit against Graves dismissed
by Rachel Goff
Aug 12, 2011 | 3401 views | 20 20 comments | 4 4 recommendations | email to a friend | print
A defaulted loan case that Hamilton State Bank (formerly Bartow County Bank) filed against U.S. Rep. Tom Graves and State Senate Majority Leader Chip Rogers (R-Woodstock) was settled out of court Wednesday afternoon.

Both parties filed a joint dismissal “without prejudice of all claims and counterclaims, “ according to Gordon County Superior Court, but terms of the agreement are unknown due to a confidentiality agreement between attorneys involved.

Edward Hine, lawyer for Hamilton State Bank, and Simon Bloom, lawyer for Graves and Rogers, declined to comment, but confirmed that the settlement took place.

In July, the bank filed a motion for a summary judgment hearing to settle a $2.25 million loan.

According to previous Calhoun Times reports:

The bank declared Graves and Rogers, in default on a $2.25 million loan for Tich Properties in 2010. The loan was used by Graves and Rogers to open Tich Hospitality and the failed Oglethorpe Inn in Calhoun.

Graves and Rogers each filed affidavits July 14 claiming the bank went back on its word before declaring them in default. The affidavits stated agreements with the bank, including proposed modifications to the loan, could not be closed due to the fact that the bank demanded additional collateral.

In 2009, Graves and Rogers sold the inn to John Edens of Calhoun. Edens said the sale did not involve the $2.25 million loan from Bartow County Bank, however.

The Oglethorpe Inn closed in early 2011 after its residents lost power and Edens said he could not pay the amount owed in order to get it turned back on.

The commercial motel has stood vacant since February when its electricity was turned off and its occupants left, and now Calhoun officials are now pondering the best way to rid themselves of the dilapidated structure.

According to city building inspector Don McGinnis, Edens, actually filed a demolition permit, but it expired July 5.

The city has considered demolishing the motel, but City Attorney Bill Bailey said the cost of demolition would probably be similar to that of the old county jail, which came in at $90,000.

In the meantime, the city is looking at about $15,000 to put a fence around the property, City Administrator Eddie Peterson estimated.
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rt_elms
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August 21, 2011
I just finished reading an update on this story in the Chattanooga Times Free Press and I’m even more PO’ed than before. Here is the link.

http://www.timesfreepress.com/news/2011/aug/21/a1-failed-motel-could-cost-taxpayers-100000/

In my view, he either is a crook OR lacks the sense to run away from a bad deal. Either one disqualifies him from being my Representative in Congress. He got my vote last time but will not get it again! Note to GOP: if Graves does not have a primary challenger in the next election cycle, you may have a surprise in November 2012 and it will be well deserved!

rt_elms
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August 16, 2011
....and they all said AMEN!
jeffhawkins
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August 16, 2011
I usually don't have time to comment during the day but had a guest speaker last week. Usually, I'm too busy preparing sermons and caring for the flock - Ha! I guess you could say that indirectly I was caring for a member of the flock because his integrity was being questioned. God bless - end of my comments - too busy!!
problemap
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August 16, 2011
Sorry, my mistake. Guess it was a robbery. I think it's wonderful your church does all that it does. My church does the same. Mr. McCowan, Mrs. Barnette and Mrs. Atkinson have had many complaints on here about the school scores and alot of heat about school taxes, etc. You've never stood up for them, nor have you stood up for Mrs. Hood who has also caught alot of heat. They've all been attacked continously!

I've never seen any preacher get on here and comment about any of their memebers who've been attacked like you. I'm sure they've had many members,such as leaders etc. They'd be on here all the time if they did. I'm sure they're spending their time visiting sick, preparing sermon etc., instead of commenting about their members. Sometimes it's best to just let things go. Especially in this town of gossip.

No thanks for the coffee. However, I'm sure you're a great Pastor indeed. Nobody sees eye-to-eye in many ways. Done with all the comments! God bless you!

"Beloved let us love one another, for love is of God;and everyone who loves is born of God and knows God. He who does not love does not know God, for God is love." I John 4;7,8

jeffhawkins
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August 15, 2011
Your memory or either the AJC article is off. The love offering was taken at least a year or two before Tom Graves entered congress. Tom helped our church out many times by giving us free rooms for our benevolence cases. He also allowed us to do mission work at his motel - Tom's hotel was robbed (not a fire) I felt bad that he had helped us out so much and then get's robbed. I felt that the only right thing for his home church to take up a VOLUNTARY small love offering as our way of saying thanks to him for helping us out so many times. (again - This was all before he was a congressman). Our love offering did not equal the amount of money Tom had saved our church over the years. Tom has been a good friend of mine long before he entered politics. Our church helps out many members and weekly helps non-members when there is a legitimate need we can meet. We also do mission work around the world - literally . If you have questions - why don't you call Tom personally - you will hear his side - remember always 2 sides to every story! We also pray for all of our leadership all the leaders in our church - not just Tom - regardless of their political affiliation because the bible commands us to do so. Tom nor any candidate has ever been endorsed from our pulpit - but they will be prayed for!! I will also stand up for any of my members who I feel have been treated wrongly whether they are in Congress or on the school board or in the boy scouts! I tell you the type of person Tom Graves is - he called me the night before his election to find out about our son who was having upcoming brain surgery - to tell me he was praying for him. That is the type of character Tom has had before he entered office and after he has been in office. I am glad to call leaders like Tom Graves, Bill McCown, Nan Barnette, Becky Hood, Amy Atkinson and the late JC Maddox etc. some of our members and all good Christian people who I know personally! I'm going to stand up for my sheep when they are being attacked - I am their pastor!!! It sure would be nice if I knew your name - I would buy you a cup of coffee and we would have a friendly chat together. Feel free to call me at the church and we will do so sometime!
problemap
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August 15, 2011
Mr. Hawkins as best I remember per Atlanta Constitution your congregation took up a donation for Mr. Graves' hotel because of a fire. I was just wondering if you take up donations for everyone who has financial problems. As I'm sure many do. Didn't he have insurance on his building, as I'm sure he should since it was financed and they require it?? Maybe you were standing behind a political figure! Yes, many people take leadership positions to make a difference in many churches, and that's great! But that doesn't make them a Christian. I'm not trying to attack him or you personally. It's like my quote below from Romans, you should pay your debt as owed and not look for an excuse as he has. If he is a Christian, and I don't know, he'll be the one who answers before our God, not us. I've not took any cheap shots at Mr. Graves only the truth.

Proverbs 14:16-17

"A wise man fears and departs from evil,

But a fool rages and is self-confident.

A quick tempered man acts foolishly,

And a man of wicked intentions is hatred."

God bless you

notanative
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August 14, 2011
I hope he is a one time wonder. In my opinion his pastor calling him a good Christian has nothing to do with his ability to represent his constituents in a fair and balanced manner. And I won't use my name because I don't want to receive phone calls from people who think they know more than I.
oldman76
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August 14, 2011
If we are lucky, (and smart) this, along with the anti-incumbant feeling sweeping the nation, will make him a one time wonder.
jeffhawkins
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August 13, 2011
I am very grateful we have many members who make a difference in our church through various leadership positions. I do know Tom very well and I am also someone who is not ashamed to put his name on his "comment line" instead of hiding behind code names and taking cheap shots. It is easy to write boldly when you are "anonymous". If people would put their name on their comments it would gather more respect. By the way, I don't promote political candidates from the pulpit (never have)- I have the right to make comments in this public web forum just like everyone else. God bless America!
oldman76
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August 13, 2011
Well said.
problemap
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August 12, 2011
Mr. Hawkins, be careful about standing up for your church member Mr. Graves. Most preachers think they know their members very well, but really have no clue. There's alot of your congregation that don't agree and think you need to leave your political views out of the pulpit. There's more than just Mr. Graves in your church that lead this county in politics that are not mentioned in the pulpit.(Only heard this from direct members)

Think this verse applies to all.(Romans 13:7-8)



"Pay to all what is owed to them: taxes to whom taxes are owed, revenue to whom revenue is owed, respect to whom respect is owed, honor to whom honor is owed. Owe no one anything, except to love each other..

In other words, pay your debt to whom is owed. He signed the note at the bank, and from the documents I've seen, he's responsible for the loan.
oldman76
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August 12, 2011
It is not his political views that I question as much as the 2 MILLION DOLLAR deal refered to hear, that keeps dissapearing from the front page. I do take exception to the fact that the will of his constituants is listed THIRD in his order of consideration on a vote in congress.

I said it when he was running, I said it when he was elected, and I will say it now...too slick for MY vote!
rt_elms
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August 11, 2011
Preacher, the old saying needs an update. In my view, there are AT LEAST two sides to every story. When two politicians, a questionable real-estate deal and dismissed lawsuit are the storyline, that makes a multifaceted story at best. Unfortunately, we may never know the details, but who are we to ask right? We just pay the bills. The court dismissed the case “without prejudice” meaning if more evidence surfaces the bank can sue again. It is a long time until November.
jeffhawkins
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August 11, 2011
Tom Graves has been a member of the church I have pastored for several years. He is one the strongest Christians I have ever known. We are proud of Tom and always believed that the truth would win out in this situation. A word to the wise who will listen -- Be careful speaking dogmatically about people you don't know. And as the old saying goes "there is always two sides to every story". Also many things that happen are nothing but political attacks and/or politically motivated and distorted. Tom is a man of great character who I would stand up for any day - regardless of his political views.
oldman76
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August 11, 2011
@ roberts- It's all Teflon man.
roberts101
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August 11, 2011
There are so many angles here it is hard to know where to start.

1.) A business can sign a loan in the name of the business, the principals of the business guarantee it, and then they "sell" the business. It does not take a rocket scientist to wonder how they thought just selling the business cleared them from the guarantee until the bank had called it satisfied, either through payoff or assignment/assumption using the banks contracts. I know that there have been banks doing risky loans, but I find it a little hard to believe that they legitimately sold the business without involving the bank.

2.) The bank took a guarantee on someone that they new had NO resources to repay if things went South, which they did. I think this was irresponsible on the banks part if it is indeed the case.

3.) Why in Hell would the City give a demolition permit to Edens when they knew the property was involved in a legal dispute, foreclosure, whatever you call it? Basically the building was gutted for scrap and left, so now my tax dollars get to pay to clean it up.

Just wondering.

But politicians operate on a vastly different set of rules, so who knows.
RobertELee
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August 11, 2011
http://www.ajc.com/news/attorney-for-graves-rogers-1095615.html

Makes you wonder.
oldman76
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August 11, 2011
Did not take long ot get this story off the front page! LOL!
oldman76
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August 11, 2011
To get more information read the AJC article on this subject. As I have said before, this guy is slick.
RobertELee
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August 11, 2011
Didn't take him long in Washington to get the money to pay his debts, who owns who now?
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