Former bank chair: Tich loan complications contributed to bank collapse
Aug 31, 2011 | 2182 views | 7 7 comments | 10 10 recommendations | email to a friend | print
Oglethorpe Inn, File Photo (Tricia Dillard/Calhoun Times)
Oglethorpe Inn, File Photo (Tricia Dillard/Calhoun Times)
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ATLANTA (AP) — The former chairman of a North Georgia bank who signed off on a $2.2 million loan to two prominent Republican lawmakers said he believes the eventual default on the loan was partly to blame for the bank’s financial collapse.

Morgan Akin told The Associated Press in a recent interview that Bartow County Bank took an $875,000 hit on the loan when U.S. Rep. Tom Graves and state Senate Majority Leader Chip Rogers defaulted. The bank went under in April.

“Was it the only loan we had default? No,” Akin said. “But it was one of the larger loans, and it contributed significantly (to the bank’s failure).”

Graves and Rogers recently settled a lawsuit filed against them by the bank, but both sides have signed a confidentiality agreement and declined to provide specifics of the settlement.

Neither Graves nor Rogers would respond directly to Akin’s claims.

“As the congressman said, all parties involved have reached a positive agreement and have moved on,” Graves spokesman John Donnelly said.

In a statement, Rogers said Hamilton State Bank, which took over Bartow County Bank after it failed in April, “helped facilitate a resolution that has allowed everyone to move forward and in agreement.”

Akin said that while the arrangement may be fair and equitable for Graves and Rogers, it hasn’t been good for Bartow shareholders who saw the nearly 40-year-old community bank sink. Nor has it been fair, he said, to the FDIC, which says the bank’s failure is expected to cost $69.5 million. The FDIC is funded by insurance fees from banks.

Akin said he was speaking up because he felt only one side of the story had been represented. He said he was disappointed with Graves and Rogers, who cast themselves as champions of fiscal responsibility.

“They talk up the tea party stuff, but when it comes to their own finances they’re irresponsible and leave the bank on the hook,” he said.

Another former board member, Lehmann Smith, backed up Akin’s claim that the default helped bring the bank down.

“We were just a small community bank, and that’s a whole lot of money,” Smith said.

Akin was chairman of the Cartersville-based bank in 2007 when it made a $2.2 million loan to Graves, then a state lawmaker, and Rogers. Akin said he signed off on the loan, in part, because he never imagined such prominent political figures would default.

“They were well-respected members of the community, and we took that into account,” Akin said.

Graves and Rogers’ limited liability company, Tich Hospitality, took out the loan in 2007 to buy and renovate The Oglethorpe Inn, a two-story motel along I-75 in Calhoun. While the loan was made to Tich, Graves and Rogers also signed personal guarantees.

But in 2009, as the economy soured, they stopped making payments. Later that year the bank placed the loan in default, eventually suing the pair to recoup the money.

Graves and Rogers have argued the bank reneged on a promise to refinance.

The bank has countered that Graves and Rogers sold Tich Hospitality without informing them, which invalidated the refinancing deal.

Graves and Rogers sold Tich Hospitality to John Edens, who had been running the hotel for them. Edens assumed the loan, but as guarantors, Graves and Rogers were also on the hook for the money.

Although the settlement was confidential, Akin said it is almost certainly for less than the full amount they owed in the loan. Calhoun City Attorney Bill Bailey stated in a letter dated Aug. 12 that the note was reduced to $1,185,000 and that the maturation date of the loan was extended to Feb. 7, 2015.

Akin said when the loan moved into default in late 2009, the bank was forced to reassess the property. It had dramatically depreciated, and the bank had to absorb an $875,000 loss in property value, he said.

The loss came at a precarious time for the bank, which had been in difficult financial straits for some time.

Bartow Bank had $330 million in total assets when regulators shut it down April 15. But it had just $21.4 million in capital, or shareholder equity, records show. Akin said the capital figure is critical to showing a bank’s financial health.

Former bank chief executive officer Gary Fox declined to answer questions about the loan when approached by the AP at a recent congressional hearing on bank failures in Georgia, which has seen 67 banks collapse since 2008 — more than any other state.

Bartow County Bank was started in 1974 by a group of local businessmen. As the local economy flourished, its lending increased. The bank’s total assets increased from about $200 million in 2000 to more than $400 million in 2009.

It was not immediately clear if Akin was paid for his role on the bank’s board, but shareholders lost millions of dollars in equity when the bank collapsed. Akin’s Cartersville-based law firm, Akin and Tate, has contributed money to both Democratic and Republican candidates, according to state campaign finance records.
Comments
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rt_elms
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September 03, 2011
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!
RobertELee
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September 01, 2011
You are correct, they used inside info in an attempt to enrich themselves. Now Graves is selling his votes in Washington. Our crooks are just as good as their crooks.
wattduhflock
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September 01, 2011
@problemap....It's called sarcasm....learn to recognize it! I was being faceitious in blaming the D.O.T.. That was my way of indirectly pointing out WHY the 2 politicians came into the situation to begin with. I believe they thought they could flip the property before the note was due to be paid. I do not support them for what they did, nor will I support them in the future. There...I'm done with this!
problemap
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September 01, 2011
Blame the D.O.T? Really? They didn't sign the note. Do you really trust anything in Government? What about the Union Grove Rd. that's been trying to get their exit off I-75 for years. Hwy. 140 etc. What if all those homeowners took out loans for some reason. Guess they wouldn't have to pay them back either.
wattduhflock
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September 01, 2011
Blame the Ga. D.O.T. for that loan being defaulted.....If they hadn't put a freeze on funding for a lot of projects, then the Red Bud road interchange upgrade would have already been underway and the good old boys could have sold the motel to the state BEFORE the note came due. Graves and Rogers would have already pocketed some quick cash and none of us would have been the wiser. Think of them in the years to come when you are getting off I-75 South at exit 315.
problemap
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September 01, 2011
I think this article pretty much sums it up. Never loan money to any prominent political figure. They will let you down and leave you holding the bag. The board of Bartow County Bank put their trust in Graves and Rogers and we all see what happened. Now, lets see if the loan is paid in full by maturity date.
atticusgrinch
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August 31, 2011
I'm so glad we have a congressman who believes in fiscal discipline and personal responsiblity. Anyone who claims to be a fiscal conservative who supports this man is nothing short of a fool, a rank hypocrite, or a healthy combination of the two. He apparently has no shame, and no conscience. He literally took the legal position that he should not have to pay the bank back because they knew he was a deadbeat when they loaned him the money. Unbelievable. As a taxpayer, I can't wait to pay my share of knocking that meth house of hotel down. Thank you, Mr. Graves.
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