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Chattahoochee River Club Quiet Title Litigation

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Sorry, but the Horse has left the Barn on the
No Cost Settlement Opportunity for CRC Residents


Note to CRC Residents: Please understand that we tried our best to inform all of you of the issues to be resolved in the Quiet Title action and to do so amicably. While twenty-one of the households in your neighborhood took advantage of the initial olive branch we extended to all of you, only six families actually signed the Quitclaim Deeds and escaped being made parties to the lawsuit. We now have a ruling from a Special Master and are in the process of adding all neighborhood residents as Defendants. We make no apologies for what is to come for the rest of you, as you had your chance to resolve this matter at no cost to you. If you are a CRC resident who was unaware of the Quiet Title Action or the issues involved in it, let us know and we will see if there is anything we can do to work with you.
Website as Maintained through November 15, 2019
Posting Dates of Significant Website Upates:
03/10/2018; 12/29/2018; 01/06/2019; 02/23/2019; 08/19/2019; 08/26/2019; 10/04/2019; 10/07/2019; 10/09/2019, 11/10/2019, 11/11/2019 and 11/14/2019

Click the Following Hyperlinks to Learn More:
The Most Recent Posts to this Site
Learn How to Avoid Being Sued Personally
Conditional Extension of the November 10 Deadline
Everything You Need to Know in a Nutshell

"...We would like nothing more than for the equestrian center to be a well-managed, safe and accessible amenity available to Chattahoochee River Club and all of Forsyth County...."

Jeb Sundgren
President, Chattahoochee River Club Homeowner's Association

The primary problem with the statement Mr. Sundgren made on behalf of the CRC HOA in his presentation to the Forsyth County Board of Commissioners was that he was talking about private property that does not belong to the CRC HOA or the residents of the Subdivision and over which they and the general public have very few rights.

"...We will see you in court now...[we are going to sue you]...and we won't be the only ones...the County's coming after you now...."

John Richards Officer, CRC HOA

It has been said that a picture is worth a thousand words and the above quote and the picture below of present and past CRC Homeowner's Association officers and directors John Richards and John Paximadis outside the gate of the equestrian center tells you all that you need to know.

There are 619 households in the Chattahoochee River Club Subdivision that are directly affected by the ongoing dispute between Vinay Bose, Mommies Properties, FH Partners (Mommies' lender), CRC's HOA and John Richards, who chose to take matters into his own hands by threatening Mommies and Bose with litigation and encouraging Forsyth County to interfere with their legitimate attempts to conduct a going concern business on the equestrian center property. Richards has served the CRC HOA in various capacities as an officer and director over the years and Paximadis, who was the CRC HOA's Vice President from 2018-2019, is the other individual you see in the October 15, 2018 video posted to this website which you can watch for yourself by clicking the "See Video" button below.

  Learn More  See Video
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The Relevant Issues

Mommies has been attempting to modify the current zoning of the equestrian center property to allow for the operation of a going concern business that will continue to be in harmony with the overall neighborhood and the CRC HOA and various individuals living in the subdivision have opposed these efforts, lodging complaints with Forsyth County. As a result of that opposition, Mommies has been under stop work orders issued by Forsyth County since December of 2017. Learn more...

Why a Quiet Title Action?

The purpose of a quiet title action is to remove a cloud on the title to real property that affects its marketability. While it is undisputed that the property owned by Mommies is burdened by various easements and restrictions, the CRC HOA's misplaced reliance on one of those documents has made this filing by Bose, Mommies and FH Partners, which will have to be expanded to the neighborhood owners, absolutely necessary.

Scheduled Mediation Date with CRC HOA and Other Defendants is in:

We have agreed to make a good faith attempt to resolve this litigation through a mediation with the CRC HOA and individual defendants John Richards and Jeb Sundgren. Even if we are able to resolve this matter with them, the individual residents of the neighborhood are going to have to either relinquish their claims by signing the Quitclaim Deed and related settlement documents or be added to the Quiet Title Action in their individual capacities.

CRC Residents Taking Advantage of Individual Settlement Opportunity

Most Recent Update: November 15, 2019 at 4:50:00 p.m.

620

Possible Defendants

2

Signed Quitclaim Deeds

19

Settlement Sign-ups

599

Remaining Decisions

Extended Deadline to Notify Mommies, Bose and FH Partners of Intent to Sign Quitclaim Deed:

CRC residents who are interested in avoiding being added as additional Defendants in the Quiet Title Action in their individual capacities should click this link and follow the instructions provided.

Residents should be aware that this timer is set to expire at 11:59:59 p.m. on November 15, 2019 and that deadline will not change. They also should know that once the clock strikes midnight, there will be no further opportunity for them to be excluded from the Quiet Title Action in their individual capacities. Once they are added, it will cost residents thousands of dollars to be released by Bose, Mommies and FH Partners, with same occurring only if the residents sign all required settlement documents. This is a promise, not a threat, and all residents should govern their conduct accordingly.

Legal Pleadings

The CRC HOA contends that Mommies is obligated to operate an equestrian center on its property and has taken that position in official filings with Forsyth County, For this proposition, the HOA relies upon an Agreement Regarding Development that both (i) has lapsed by its terms, and (ii) was never in its chain of title. Since the HOA will not abandon its position, Mommies has been forced to seek redress in court. Learn more...

Communications

The communications between the parties and their counsel speak for themselves and are worthy of your consideration and review. CRC owners should inform themselves about the things that actually matter and are encouraged to review everything on this site carefully so that they will be able to make an informed decision regarding whether it makes sense for them and their families to participate in this litigation. Learn more...

Recorded Documents

There are a number of recorded legal documents that affect the relative rights and obligations of Mommies, the CRC owners and the general public. We have done our best to analyze and explain them in the context of the issues to be addressed in the quiet title action. Unfortunately, the HOA will not listen to reason and its bad faith actions and stubborn litigiousness are causing Mommies, Bose and FH Partners unnecessary trouble and expense. Learn more...

The Next Court Deadline is in:

There is no current court deadline pending since the CRC HOA and Richards have appealed the default judgment entered by Judge Bagley and this matter is currently pending before the Georgia Court of Appeals. Further proceedings in the Quiet Title Action have been stayed pending the Court of Appeals decision.

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Overview of Issues as Presented in Public Hearings

To help residents of the neighborhood understand why this litigation had to be filed, we have distilled several hours of public hearings down to a 31 minute video.  For some relevant background information that will provide you with some context for the video,  click this link.

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Kangaroo Court Proceedings before the ZBA

As property owners in Forsyth County, the way that your Board of Commissioners and its captive Board of Zoning Appeals treat citizens with bullseyes on their backs should be of grave concern to all, especially since any one of us could be next.  Learn more...

Our Legal Team

Vinay Bose

Manager of Mommies Properties

Vinay Bose is the Manager of Mommies Properties and Mommies has owned the equestrian center since 2005. Mommies unfortunately found itself involved in protracted litigation with R.C. Acres, Inc. that involved determining the location of an access easement R.C. Acres alleged to run right through the stables located on the property. The uncertainty and expense of the R.C. Acres litigation had a detrimental effect on Mommies' operations but Mommies eventually prevailed, only to find itself entangled with the CRC HOA and Forsyth County for no good reason. Learn more...

Stuart Teague

Attorney for Mommies Properties

Stuart Teague represents Mommies Properties in the quiet title action. He has been practicing law throughout his career in the areas of zoning and land use, real estate and business with an emphasis in litigation. He has handled complex litigation for builders, developers, homeowners, land owners, business associations and property owner associations. He is experienced in disputes with homeowner associations and has extensive experience in dealing with controversial matters pertaining to local government. Learn more...

Larry Oldham

Attorney for Lender FH Partners

Larry Oldham has experience in a number of practice areas that include general business and finance law, small and closely held business representation, commercial real estate transactions, wills and probate law and litigation (civil, criminal, divorce, family law, personal injury, medical malpractice and appellate matters). He believes in free speech and individual liberties and does not care for over-reaching by property owners' associations or government and has enjoyed litigating these issues during his legal career. Learn more...

Jeff Schneider

Attorney for Mommies Properties

Jeff Schneider, a shareholder in Weissman, has dedicated his practice to real estate litigation since joining the firm in 1994. He represents clients in litigation, arbitration and negotiation of real estate disputes including those arising out of real estate development, title, contract and or land use. Jeff heads the title litigation group, specializing in the needs of national title insurance companies in claims and coverage matters. He also serves as an expert witness on topics relating to land title, real estate litigation and ethics. Learn more...

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Nothing contained on this website should be construed as legal advice. Visitors are encouraged to review this information with counsel of their choosing to help them understand the information presented and to make their own independent determination of what is in their best interests in responding to any offers or requests contained hereon.


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