ey, DirectorI f Community Planning and Developmentnt of Housing and Urban Developmenta

retia 30303-2806lonymous Complaint Filed with the Office of I spector neral[G) Regarding APD Solutions, LLC

DeKalb cb I acknowledges receipt of an anonymous c mplaint fi d with the OIGregarding IA I Sciutions, LLC. As a HUD grantee, we - ere aske to coordinate aresponse wi h ~ 30 days to address the validity of the issu s raised i the referencedanonymous fPlaint. We apologize for the extended delay n our res nse. v

After a Jo gh analysis of the allegations regarding A~D Solutio s, the Clerk ofSuperior Co and the County, we have concluded that Ithe allega ions are invalid,inaccurate, are without merit. In order to reach our conclusion w received formalresponses f all entities listed in the anonymous complaint, and con ucted extensivereviews of a levant documents.

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Human & Community Development D partmen

Ms. Mary PrAtlanta OfficU.S.DepartFive Point PI40 MariettaAtlanta, Geo

SUBJECT:

Interim Chief Executive Officer

Lee May

Board of Commissiooers

District 1Elaine Boyer

District 2.Jeff Rader

District 3Larry .Jobnson

District 4Sharon Barnes Sutton

DistrictSLee May

District 6Katbie Gannon

District 7Stan Watson

The DeKal .C runty.~SP program has achieved all.program lobjectives and has pa~seda HUD mo ItO109 Visit conducted by the HUD Regional Officerecentl APD Solutionsis an NSP1 s I grantee with a valid contract in great standi+g. They h ve performed inaccordanc Jhtheir contract and the six NSP1 properti~s acquir d were all NSPeligible par I The Panola Slopes Complex on Covington Highway s mentioned asa possible ss Ie, however this project does not have HUD funding a d its acquisitionwas deem d i have been acquired properly by the DeKalb County lerk of SuperiorCourt. J

Additionall ,t re were a litany of possible inappropriate, and or s spicious actionslinked to A I p,0lutions and the County with respect to taxes, deed transfers, illegalacquisition , i I ligible use of NSP funds, changing of street Inames to onfuse possiblebuyers, etc T se items were also reviewed and were found to be with ut merit.

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15 E ~~e de Leon A~enue I Suite 330 I Decatur, GA 30030 I P: 404.286.3308 F: 4 .286.3337\ www.dekalbcountygagov

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Anonymous omplaint Filed with the Office of Inspector en al (DIG) gardingAPD Solutions, LLCPage two I

In summary, we are happy to have been given an (I ppo unity to pond to thisanonymcus complaint. If there are questions and or dat req ired regar ing this matter,please cornI tact our office. It is our hope that this response is atisfacto . Again, we areapologetic for the delayed response.

Sincerely,

Chris H. MorrisDirector

AttachmentsCC: Zachary Williams, Chief Executive Operating Office

Allen Mitcheli, Assistant Director, Human and Comm nity Develop ntSteve Hand, HUO CPO ManagerRoxanne Mciver, HUO CPO Representative

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15()E. Poncede Leon~von~ I Sill" 330 IDeo"", GA 30030 I PO'I04.286.3308N 4.2~3337www.dekalbcountygagov

...-What-- ,Provide details ~fthe alleged fraud, waste, abuse ormismanagement:Clerk of superi9r Court DekalbCounty GA556 North McDonough Street, Ground FloorDecatur, Georgi~30030(404) 371-28361

are involved wit a company called apd solutions Headquarters27117th Street uite 2250Atlanta, Georgi 30363404.921.3131404.921.3141 fainfo@apdsoluti~ns.comhttp://apdsolutions.com/

APD SOLUTIONSDEKALB LLCCo-Owne~

Owner Address rI

17117TH ST1625ATlANTAGA30363

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APD solutions s~earheaded the nsp program by going to differentcounties in ga such as clayton, fulton, and dekalb etc. byoffering the cou~ty a way to use the nsp funds without giving themoney out to pGtential homeowner prospects. The are using theabandoned buil8er subdivisions and stating they have to finishthe units when they are alreaay finished. They will use maybe 1or 2 low income homeowner prospects and provide a free home. Uponbeing stuck with the program funds. Dekalb county will list theabandoned units ona tax sale under spa sonmons.nowever apdsolutions never purchased the property from the builder or paidthe tax sales, but dekalb county will change the name on the taxrecord. Then they will remove the property from the tax salewithout verification that apd solutions paid the taxes, thereforethe tax lien still exist however it buys time for apd solutionsto pay tax sales or transfer deeds without the proper releasefrom the lender. One such community that the builder desisted onis Panola Slope ifyou go to apd solutions website you will see

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'-. "---j---' .-...

this. Dekalb County also changed the street names on theproperties to confuse anyone from trying to obtain the propertiesfrom a tax salel One such property is 4902 johnnye way decaturega 30035 parc41 id# 1600710006. This property was on the taxsale for 04/01/~4 then it was removed upon apd solutions statingthat they own the property however on the tax sale a companycalled dcd own~d the unit. The property was removed from the taxsale upon apd folutions alerting the dekalb county that anoutsider wanted to purchase the unit. Dekalb county records thetaxes were pai~ by apd solutions without a receipt date on file.Suddenly apd solutions paid all of the taxes due upon this unitand the others. However, nsp funds expired for Dekalb county sohow are they still using the funds? How is it possible thatDekalb county.have used a company like apd solutions to claimthese propertirs without this company getting any release fromthe builders o~ lenders from the construction loans and then useDekalb county1to transfer tax records and claim these unitswithout mortgages. Then a~d solutions have family and friendsliving in the units to spy an~ deter future residents from livingin the units. Dekalb county are allowing investors to registerthese abandoned builder urlits in the county by changing taxrecords because they themselves are adverse possessing the homesin the county rithout utilizing the nsp funds to properlyadminister th1 possession of these properties via purchase underthe stimulis funds provided to each county for the nsp program.The question remains whatl happened to the millions of dollarsthat were suppose to be used for the program, Also the formercommissioner is under indictment. One such county that used the

Ifunds to purchase the properties from the builder/lender isI

Newton county

-When--When (date): 2014-04-01When (time): 10:00 am

-Where--Street Address 1: 556 North McDonough Street,Street Address 2:City: Decatur,State/Province: GeorgiaZip/postal Code: 30030

________._...=WbP.;:.._.. ~.,_~.. --. -. ~-.--_._ .. -.. --.. -. -...--,--,---First Name: county --------.~ ..--,-.-~~-

Last Name: clerksStreet Address 1: 556 North McDonough StreetStreet Address 2:City: Decatur,State/Province: Georgia

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Zip/postal Code. 30030Email Address:Company, orga ization, or other entity affiliation oftheprimary person who engaged in the alleged misconduct (if

applicable): ap solutionsAdditional indi iduals involved in the alleged misconduct:

apd solutionsHeadquarters271 17th Stree Suite 2250Atlanta, GeOrgila30363404.921.3131404.921.3141 ,axinfo@aPdsoluttOns.comhttp://aPdsolu1ions.com/

APD SOLUTIONS DEKALB LLaCo-Owner I

Owner Address I17117TH ST1625ATLANTA GA 30363

--Other--Please provide any additional information concerning this

misconduct:

--Your Information-Please select a filing status.: I wish to remain confidential

First Name:Last Name:Street Address 1:Street Address 2:City:State/Province:Zip/Postal Code:Email Address:Phone Number:

___ ~ ,__ --h-,~

Thankyou for bringing to my attention the "anonymous" complaint AtyoJr ra response and specific documentation on the situation that seems to be descrespond Iwould like to assert that this property is one that is in the. companyprivate funds. It is not a part of any government programs, including HUD,theCounty. As such, I am responding as a courtesy.

IThe basis of this complaint is ~bsurd. It is full of factually inaccurate staterrle . It is very cle r that the writeris jumping to conclusions based on innuendo and a lack of industry Icnowledg Before I pro le more detailsof the particular incident that germinated this complaint Iwould like to set th record straig on thissophomoric ranting being put forward. APDSis a long-standing member of th National Ass iation of HomeBuilders. I personallyserve of the Board ofTrustees of the NAHB.We are a pri ate company ho providesservices to local governments and also invest in distressed assets ourselves. A DSdoes worl as a manager ofNSP programs throughout the United States, but Clayton County is not one of ur clients.

Vaughn D. lronsChief Executive Officer

MaY15120f4Mr. Allen MitchellAssistant Director.DeKalb County Human & Community Development150East P9nce de leon Avenue, Suite 330Decatur, GIA 30030

Dear Allen:

uest I am pr iding you withbed in the co plaint. Before Irtfollo and p rchased withtate of Gear a, or DeKalb

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Inea'th:bfolir i\!Sl'projeru:thghtirnes have beijn sold to buyers who have all et~iVed so'm amouhtcif l\ispfunasJasldowncpavmerff~s~llitante of buyer subsidy: This 'notion that buyers d n't receive a y funds is alsoincorrect. APDShas purchased foreclosed or distressed properties from bani courts, GSEs HUD,and HedgeFunds. N()nepnl'le~n:it~W~'PLJrthasearecC:ln:!)JI~te.They all need some form/Of rehab due being vacant,abandoned and in many cases vandalized. In the entire history of our comp.mr we have ne r given away afree home. We have not used that as a marketing approach, ever. Allhomes in every NSP p gram, includingthe ones completed for Del

As previously stated the Panola Slope project was acquired and rehabilitated using private apital not NSPfunds. Nor is it subsidized by any funding from DeKalb county, or any govern ent entity. It s correct that wedid not purchase Panola Slope from a builder because we purchased it from banks that h foreclosed onthe previous developer. It is well documented that we purchased this prope from Ameri Bank, State Bank& Trust, and Decatur First Bank. It is also well documented that tis property s t for 5 years s an eyesore. Itwas stripped of all major systems, vandalized, and home to homeless men. It is also well d umented thatthe property has never received a certificate of occupancy, and APDShas sp t $4 million the property inrehabilitation in order for it to be eligible for sale or occupancy. AdditisrraIlw' ~is~also'wellf ~Cun:l~!1.tedthat,%~~,~,~,~,~~,~p:!~~c~s~~t'in'~9'~:~'a:p_~:~.~_\].g:I\!:~i9J\~.h,1!~;I:r ."m~fPurchas .

As far as name changes, the entire project received a name change from Do inique Villas t Panola Slope.Each of the streets names were changed at the request of the owner becaus the previous ames were tiedto the failed builder. What would anyone have to gain by confusing buyers. I three years ownership over$5 million invested is not a business strategy to let people acquire properties iattax sale. So ho is confused?If the comrlainant was interested in buying the property, it was properly list for sale. Un rtunately theproperty ~ad been under contract to a buyer since December 2013. There h e never been any family orfriends staying at the property but, if there were, that is immaterial as it is m right as an 0 ner to do so. Theentire complaint iswritten to be spiteful and create a nuisance for organizati ns like ours rking to do goodwork in distressed communities.

This complaint is directly tied to a squatter situation and the assertions in th complaint ar laughable andunsubstan~ated. This particular address was placed under contract in Oece er 2013. It w set to close onFebruary 28t.t, and extended 30 days to March 28th. The dosing began on Th rrsdav, Marc 27th andconcludedon March 28th. All distributions were scheduled to occur from th closing attor y (Morris,Hardwick and Snyder) on Monday, March 31st. Alltaxes and any outstandin payments we e included inthedistributions from the closing on March 28th.

During the weekend on March 30th, a Mr. David Parker and his wife forcibly ntered the p perty at 4902Johnnye Way. They used a crow barto lift the garage door, taking it off track nd wedged t e interior doorsplitting it. (See attached photos). They then contacted a lock smith and cha ed the locks n our doors. OnSunday, March 30th one of our property residents contacted my property m nager (Jade iJes)to reportsuspicious activity. When Jade went to investigate he discovered DavidPark who stated had a contracton that property two years prior with the previous owner. Mr. Wiles called D KalbPolice t the scene. WhenDeKalb Police arrived Mr. Parker then stated that he was planning on purcha ing the prop at tax sale onTuesday, Aprillst. DeKalbCounty Police ran background on all parties and d termined tha the Parkers hadno legal right to be on the property. The Parkers were then removed by Oedlb Police. I ha e included moreexplicit detail with a property incident report, photos, DeKalbPolice report, Jnd internal st ff weekly reportsfrom that time frame.

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It is obvious that this "anonymous" complaint is designed to create a nuisanc to our busin s. We havecommitted no wrong-doing with our wholly owned and personally financed a et. It appear to me that HUD

Ihas moved forward with representing the interest of criminals who have iIIeg lIytrespassed nd vandalizedmy prope~. They have submitted this nuisance complaint as cowards in the :bme way the attempted totake illegal possession of the asset. The material facts of their complaint were'~rong. It was ull of conjectureand errors. I would think that government agencies would be more cautious a out infringin on the propertyrights of private property owners.

In additionll take offense at the slander stated in the complaint. Our firm is a eputable co pany and doesnot hide behind anonymity. We engage in important work bringing'services in areas that at er companieschoose not to work. We have helped many families and communities overeo e challenges. y staff and Iareprofession~ls and have long careers of responsible activities nattonwlde. I do I t that the Pa kers or anyoneinvolved1hthis comp.laintean state the same. If their claims were just, I'm !urethey wou pursue them ina less clan Iestine way.

Once you ~View the atta.ched Iam.confident you'll find that the facts speak f r themselves Ifthere was anygood that ' me out of this unfortunate experience, it is that we are now muc more aware nd sensitive tothe metho s of crooked, immoral and deceitful people like the Parkers and t ir gang of ad lsors. As always,we have the utmost respect for DeKalbCounty. Please feel free to contact m at time with dditionalthoughts or concerns you have with this matter.

Sincerely,

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4902 Jobnnye Way, Decatur, GA 30032-Panola SI pe Incid tReportI 3/30/2014

On March 30th about 12pm, I received a call from one of ow' residents at anoia SlopeWdes) if! had moved in a new tenant. Isaid no, and asked why you ask -: The tenant ttemport blinds in the end unit of building "B"-4902 Johnnye Way. ~

I arrived at Panola Slope about 2pm and saw the blinds in the front, rearmy current tenant. We both went to the unit and proceeded to usetny mkey worked in the top lock but would not work ill the lower lock. Iknockeno one 11 swered, I kept tryin.'g the bottom lock then noticed the. brand of 1installed during the construction phase on all the doorsm thecomm:unity.

I called 11 (see attached call sheet) and asked them to come to the comm 'ty, stating I elieve I have asquatter in one of my units and need assistance removing my persons that ay be in th unit About anhow' later while I waited for DeKalb County police to arrive, a white 111 er entered e property andproceeded to the back of the community toward building ''B'' and stopped front of 490 Jobnnye Way.I walked down to tile vehicle, thinking it i,vas a visitor to the community, j t looking and ked "how canIhelp yon?" The person replied "I'm just waiting on my wife" Ipaused or a second, en asked "why

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are you waiting right here, you wouldn't by chance be waiting to go in this mit (4902 Jo ye Way)" theperson (David Parker see attached email transcript) replied, "Yes".

lower garag windows with..i' key to ope the QP01'. Theon the door's veral times andk was differ t than w.hat we

At that time I told him. I was the Property Manager and asked him didInitially Mr. Parker told me, he and his wife have a contract on this propeunit. I told Mr. Parker, no you don't, come out the car, we got a problemway. At that point the police arrived at Panola Slope.

The officer then asked us both to give him our identifications and began rsystem.l As the officer was conducting that task, his Sargent showed for back ,The Sargent(Sargent Lewis, badge #1387) asked what was the situation, as I was expl . ing, this pel' 011thinks he hasa co . u . Mr. Parker changed his story and said "not contract, I ill nt we drove

from Ohio to purchase this unit for the tax deed sale on Tuesday tIus week." The officer d Ilooked ateach other and almost simultaneously both said that's not what you originally aid, talking t Mr. Parker.

(l had ilif,017lledmy Director (Cassandra Prescott) oj the situation prior to going to Pphone keeps ringing, and [ didn't answer at first. [stepped away an answere and was ino/the complex was complete on last Friday. March 28", 2014.)

Iwalked back over the officer and said "Mr. Parker, you are lying again, Ig ing to tell yo what I knowand not what Ithink. First, you don't have a contract on this unitfrom 2 ye's ago at all; econdly, yoncan't buy this unit at a tax 'deed sale, because the complex was sold and ct sed this past riday, March2811',2011, :-hat means all the taxes were paid at closing, Furthe~more,.ev I if it wasn't old, yo~ can'ttake POs~Fslon ofa tax deed sold property for at l~asta year, smee the 0 ,ers have a year right ofredemptir' I'm a Realtor of 17years and I know this as a fact"

At that time the Sargent told Mr. Parker to produce a contract. Mr, Parker t d the officer is wife has it,the Sargent asked "where is your wife?," Mr. Parker said "at church." The Sargent said get her on thephone right now." Mr. Parker began to phone his wife, the Sargent said "i 4pm, she's till in church,what church and where?" Mr. Parker told him it's in Covington.

la Slope, myrmed the sale

The Sargent told Mr. Parker, ''1 know this community, and remember it eing vacant l' many yearsbefore iJfirm (APD Solutions) purchased it and rehabbed the units", Both e officer an Sargent's tonebecame agitated with Mr. Parker. Finally the Sargenttold Mr. Parker, "you on'thave a c ntract, per Mr.Wiles, the property has been sold, and ifI could prove you changed those I ks Iwould taking you tojail for burglary, trespassing and vandalism." The Sargent went on to tell '. Parker, your wife washere now, Iwould call down to the precinct and put two vandalism charg on you and our wife. TheSargent finally told MI'. Parker, "leave these premises now, and if you ever orne back, I' arresting yonon sight. We know what you're doing, and you know what you're doing, in DeKalb don't toleratethat type of activity at all-squatting."

The officer gave us both back our identifications and Mr. Parker left the site.

The following Monday, Imet the locksmith at the property to change the I k and see w at if any thingswere in the unit. When the door was open, the locksmith and Iwent thro the entire un -nothing there.However, when we proceed to the garage area, there it was-the garage doo had been ki ced in from thegarage side (see attached damage report). Apparently, someone used a cro bar and got . e garage dooropen, kicked in the door and changed the front door locks.

M!'. Parke!' sent me a text Sunday night 01' Monday morning (see attac ed). I have been to policeprescient (Tucker. GA), collected what information they had regarding the cident. Fo the last week, Ihave bebll trying to reach both Officer Jenkins and Sargent Lewis fur a narrative on formal policedocument. None was taking at the time, since we were not aware of the br I: in and cou not prove Mr.Par .d.theJ

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4902 Jobnnye Way, DecaturGA,I amage to property by potential "Squatters" Mar h 30,201

Point of entry, exterior garage. Appears to be fl'OID a car jack. aken4/3/2014

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1. Completed 7 Henry Inltiallnspection~,thJ~ week Friday: spicebush, ptown square,coral circle, yellow pine, calvco, eagles~restand laney. II submitt d for processing.

2. We received 4 new Inspections reque~~ .~is week 413. otal outsta ding 14. With anantici ated additional 10 per NSP develo era

4. Collected lease payments from Panola Slope tenants.deposits

5. Visited Panola regarding a disturbance call, Tenant W)I te letter toAPD aware of events taking place at Panola as activity s picking utrespassing and' vandalism.

6. Submitted lease Invoice to Seller for payment. Due Ap II28th to A

s Staff meeting

4/22/2014

Jade Wiles

From:Sent:To:Subject:

Jade WilesTuesday, April 22, 2014 9:47 AMjade WilesDavid Parker text to me regarding 4901 Johnnye Wa incident

Good afternoon. I search my phone and found this text from David Parker. The individ al who made e false claim ofhaving a contract and or buying 4901 Johnnye Way after I noticed the locks had been anged and 9 came to Panolaslope to address issue. they were asked to leave by DeKalbCounty police and if they r turned would e arrested on site.

See below:"sorry to text so I te but Iwas doing research for family because wife is upset. Anyway, think you sh Id notify the CEOof APD"and let hi know we have a candidate for your program. Maybe they can work omething Ot Due to whattranspired an Su daYI I have a meeting scheduled with the FDICReceiver for DFBtom rrow morning. lease let meknow. Thanks!"

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:04-2' '14 15:34MEMORY TRANSMISSION REPORT

TII1EFAXN .1

NMIE

FILE NO.DATETODOCUftlENT PAGES

STAR'!' TIl.fEBND TIMEPAGES SBN'l'.STATUS

98704021 15:33

8 96784067971104.21 15:3404.21 15:341OK

SUCCESSFUL TX NOTICE

DeX::ntyPoH= D:&d;'qrm;r.-t!o,*, S~":eB/ 912

"1!JGDW_ Ibc~S~PTu~kex-Geoq;m SODF.X' 678.406-7971

Toclay'sGcorgiu Open Re.:ords

Requeri for 9U CD'CA.J.>P.

All pCrsDllS reque>"ting .911 recorcIil:!g should :rnb!::ll.t lhe req=t inRecords Act:, pursuant to tha Georgia. Code. 50-1 S-~,O..Ac:k:nowlesl=Jl be _tot", you witbin tIu., (9) bu ...." ~ (GeorgIa Code 5The .oegpeat'sllould. Jpclude f:ltll!I "o11.~n;"J!!g:

You. iUUrDe.a.ddrQss. contact. bu'l'ftber urad. J:."axDUD1.bcr (if' vmla.27/ ~ ~ q .~~ e::.:tPf-

The costs re e>

DeKalb County Police Departm. tInformation Savices/911 Cemmurdeati lIS

1960 W. Exchange PlaceTucker, Georgia 30D84FAX: 678-406-7971

Today's date_+---'----,~--"-_Georgia Open Records

Request for 911 CD/CAD Printouts

AU persons requesting a 911 recording should submit the request in writing, ursuant to

Records Act, pursuant to the Georgia Code. 50-18-10, Acknowledgement or Response 0 your request

shall be sent to you within three (3) business days (Georgia Code 50-18-70 ( ).

The I'equest should include the following:

The costs are explained below and are accepted in ..;:C:=h~ec:;;:;;I{;;..o:.::I:...:~=~=-=T-'=~* The MINIMUM APPROXIMATE COST would be $20.00 e* Tile cost of the Compact Disc recording is $15.00.* The crst for the CAD prlnt out is $.10 pel' page in additio

redaction (Portions of the documents may have been red

or any

on O.C.G.A~

50-18-72(a)(3), 50-18a72(a)(16), 50..18-72(a)(11.1) and 0-18-72(a 13).

* The labor cost for the recording and/or research is based n the hou Iy rate of theShiit Supervisor who is qualified to make the tape.

2012-04-18/RFD

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Mitchell, Allen

From:Sent:To:Cc:Subject:Attachments:

~eBerry, Debra E.Friday, April 18, 2014 5:22 PMMorris, Chris H.; DeBerry, Debra E.Williams, Zachary L.; Mitchell, Allen; Williams, M rris; May, LeFW: APD SOLUTIONS LLC. InquirySKMBT_55214041816040.pdf

Pursuant to your request to review the memorandum and attachments s 'lit to me, I ave listed my findingsbelow.

I have attached in sequential order by date all deeds of conveyance into d out of A 0 jiolutions, LLC. I findno issue with any of the deeds. They were handled by a reputable law fir, ,Morris I ardwick I Schneider,LLC.and transfer tJx was paid on each transfer of title as required by Ga. tatute.All Deeds appear to meet the requirements of "rec~rdable form and exec tion".

The question about DCDmight be answered by examining the chain of tit e. The pro erty was owned byDeD prior to 2010 and DCDhad taken out loans with two different banks, Decatur Fi Bank and State Bankand Trust compan~ by assignment from FDIC.Apparently, DCDdefaulte on the loa and both banksforeclosed. APDS~/utions, LLCbought the property, 10.15 acres from the 0 differe t banks. Thesetransactions from the deeds appear to be proper and again transfer tax as paid on ese sales.

The DeKalb County Tax Commissioner probably did not Haile the latest itJ,Jrmatior. ~ en issuing the FiFa'sagainst DCDand scheduling a sale. The Tax Commissioner's office relies informat n generated in theDeKalb County Geographical Information Systems Office. Pursuant tomy inquiry to e Tax CommissionersOffice concerning delinquent taxes on this property, I was informed that payment as posted on 4/1/2014from Morris, Hardwick before the tax sale. I see nothing unusual about t ,is.

As for as the changing of the names of the streets, it is not all that comm nbut does ccasionally takeplace. Street names and Subdivisions sometimes are changed and in this nstance bo h were changed, (seecopies of the deeds out of APDSolutions, LLCattached).

I cannot confirm or deny that the buyers of the properties out of APDSol ions, LLCa e in anyway related toAPD Solutions, LLC,as it is not reflected on the deeds.

In summary, I have found no evidence to alert me of anything out of the dinary or audulent as related tothese properties or transactions.

If I can be of further help, please advise.

(j)e6ra (j)e(jJerry,

Cfer{oj Superior Court,(])e7(a{6 County556:N. :M.dDonoueli St., qroutuf P{oorCJ)ecatur,qeorgia 30030

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DistrictSLee May

Distriet6Kathie Gannon

Memorandum

Interim Chief Executive Officer

Human & Community DevelopmentDe rtment Lee MayBoard ofCom.missiooers

DistrietlElaine Boyer

District 2Jeff Rader

District 3Larry JOhnsOD

April 17, 2014 District 4Sharon Karnes Sutton

TO: DeBerry, Debra E., Clerk of Superior Court

FROM: Chris Morris, Human and Community DevelopmDistriet7

StanWatsODSUBJECT: Anonymous Complaint Filed with the Office Inspecto General(OIG) Regarding APD Solutions, LLC

The inte~ of this memora.ndum is. to inform you that the ounty is i receipt of ananonymo s complaint filed with the OIG regarding APD So utions, LL . As a HUDgrantee ~I r DeKalb County, we were asked to coordinate a Ii ponse w"in 30 daystoaddress tre validity of the issues raised in the referenced ano ymous co plaint.

The anonymous cornpialnt has references to NSP, tax saie ansaciion, a mixed use Idevelopment named Panola Slopes, and tax records. Prepa I ion of a adequate and Itimely response will require extensive interactions with PD Soluti ns' executive Iownership team and the Clerk of Superior Courts office. I hae asked len Mitchelltocoordinate the County's ~esponse.

Please forward a preliminary response from your perspecti e regardin the attachedanonymous complaint and all salient documents for review t our office After we have I Ireceived the aforementioned documents we can schedule a ormal me "n9 to discussthe anonymous complalnt. I

Sincerely,

@~~J})~1Jl;~Chris H. MorrisDirector

AttachmentCC: Zachary Williams, Chief Executive Operating Officer

Allen Mitchell, Assistant Director, Human and Community evelopm nt

I150 E. Ponce de Leon Avenue I Suite 330 I Decatur, GA 30030 I P: 404.t86.3308 F: 4 . 86.3337www.dekalbcountyga.gov

--What-Provide details of the alleged fraud, waste, abuse or

Intmlsmanageme :Clerk of supehor Court Dekalb County GA

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556 North McDonoughStreet, Ground FloorDecatur, Geo~a 30030(404} 371-2836

are involved with a company called apd solutions Headquarters271 17th Street Suite 2250Atlanta, Georgia 30363404.921.3131404.921.3141 faxinfo@apdsolutions.comhttp://apdsolutlons.com!

APD SOLUTIONSDEKALB LLCCo-Owner

Owner Address17117TH ST1625ATlANTAGA30363

APD solutions ~pearheaded the nsp program by goingto differentcounties ing~UCh as clayton,fulton, and dekalb et-c.byoffering the unty a way t-ouse the nsp fundswithout giving themoney out to otenti:!!1homeowner prospects. The ate using theabandoned ~ilder subdivisions and stating. they have to finishthe u'nits when they are already finished. They will use maybe 1or 2 low income homeOwner prosJects and provilie a free home. Uponbeing stuck with the program t'undk. nekalbcounty will list theabandoned units on a tax sale underapd soiutions,howeverapdsolutions never purchased the property from the builder or paidthe tax sales, but dekalb county will change the name on the tax

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record. Then t~ev will removethe property from the tax sale .withoutverifidation that apd solutions paid the taxes, thereforethe tax lien stili exist however it buys time for apd solutionsto pay tax sales or transfer deeds .fithoutthe prop.er releasefrom the lender. One such community that the buHder desisted onis Panola Slope if you go to apd solutions website you will see

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this. Dekalicounty also changed the street names on theproperties 0 confuse anyone from trying to obtain the propertiesfrom a tax ale. One such property is4902 johnnye way decaturega 30035 p reel id# 16 007 10 006. Thisproperty was on the taxsale for 04~01/14 then itwas removed uponapd solutions statingthat they o~n the property however on the tax sale a companycalled d.cd~wned the unit. The property was removed from the taxsale upon pd solutions alerting the dekalh county that anoutsider w nted to purchase the unit. Dekalb count'{ records thetaxes were paid by apd solutions without a receipt date on file.Sudden IV apdsolutions paid aU of the taxes due upon this unitand the ot~ers. However, nsp funds expired for Dekalb county sohow are thrY still using the funds? How is it pOSsiblethatDekalb COUey have used a company like apd solutions to clalmthese proPFrties without this company getting any release fromthe buildeT or lenders from the construction loans and then useDekalb county to transfer tax records and claim these unitswithout m~rtgages. Then apd solutions have r.lmily and friendsIMng in th, units to spy and deter future restdents from livingin the un~. Dekalb county are allowing i!,!vestllrsto regi$terthese abandoned builder units in the county by changing taxrecords because they themselves are adverse possessing the homesin the county without utilizing the nsp fullds to properlyadminister the possession of these properties via purchase underthe stimulis funds provided to each county for the nsp program.The question remains what happened to the millions of dollarsthat were suppose to be used for the program. Aiso the formercommissioner is under indictment. One such county that used thefundsto purchase the properties from the builder/lender isNewton county

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-When-When (date~: 2014-04-01When (time): 10:00 am

-Where-Street Address 1: 556 North McDonough Street,Street Address 2:Crty: Deca1jur,State/ProVince: GeorgiaZip/Postal Code: 30030

-,-WhQ~Rrst Name: countyLast Nam~: clerksStreet Address 1: 556 North McDonough Street

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Street Address 2:City:Decatur,State/Province: Georgia '

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Zip/Postal C~de: 30030Email Addr~:Company 1O'fanization, or other entity affiliation of theprimary per on who engaged in the alleged misconduct (ifapplicable): pd solutionsAdditional i .dividuals involved in the alJeged misconduct:apd soluti0"FHeadquarte~s27117th Str~etSuite 2250Atlanta, Ge91llia30363404.921.3~1404.921.31 1faxinfo@apdso utions.comhttp://3Pds!'utions.com/

APD SOLU~pNS OEKALB LLCCo-orIOer

owner Addr;ess17117TH st 1625

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AnANTA GA 30363

--Other-Please provide any additional information concerning thismisconduct:

-Your Information-Please seier a filingstatus.: Iwish to remain confidentialFirst Name

l:

last Name!Street Address 1:Street Address 2:City: Istate/prOlllince:Zip/Postal Code:EmailAddress:Phone Number:

, nEED:.tJNDERPOWER OF SALE

GEQRQIA, CJlDl1~ QfDeKaIb

ThisinS1I9mentmade and executed tlrls 6tb da:Y'QfJuly, 2010.

~SSE:QJ:~

That;~~on the6~. da:yofJ1ily,.,'.2()~q,,~g t1.1~l~gatho~,~,sale,D~ttir irst~ .didexp9~~'fqr$a1~a.t,pt!bl1~outC!=Y,to'the:bighestbidder for cash,. , the'Colm', use,DlJOrmDeKalb Cqunty~Georgia,:,the lan~,h~desCiIQed, ,at'Which ",e DecaF F ' ' Barikwastp.el:ii~estatJdbestbiddeut,andfor'Sevc:m ll.~'IbirtY'Ilt() ',',d,Do~'S,ilDi ,1101100($73p,,0\}:tOO}~1i;an4saidprityvv.as~en-m1:dth~knociked ; 'toD~;:mrr Irst 1SankatSllldSUII,l. Sald w.c was~ bY DecatQtFUSt Batik under and by 'eOf~el' wer andauthoritygrantedtoD~ FlISt Bimkm a Ce,rtainrealestmmo ,loan d , executed 'byDCDColJlpauy~edAugust 7, 2006, filed,fot record septemberS, 2OQ6,re ~rQ' , iIi,DeedBQO.~ 1.9133, Pa$e 339.', D~b, Sounty, Ge. OI~RecordS., .. Said sal .~~. '~ er adverti:Singthe time, place and termsth~f m Thfi' Chiz1r!pllm, M'/mggeneral , nO) in eKalb COunty,Georgia, and being the publication in, whiCh Sheriffs :advertisent " 'for Sal Co, ty are nowp~bl:i$lled,once a weekfor four weeks prior to said sale date, and sid ad:v 's' t in aUrespects comPlied wjth the n:quireJn~ts of'thepewer of sale . ed in s d lo deed. Saidsale was made for the purpose of paying the indebtedness due to th, said De atur irst Bank,secured by said real estate mortgage loan deed, and the expenses of e sale; 0 which wasmature and payable because of defunJ.t oftbe said DCD Company i paymen w ch for thespace often daysmatured the entireindebtedness.

Notice of the initiation of the proceedings to exercise the power of e pro~lQed . r in said deedto secure debt was duly given to said debtor by said creditor no 1at than ~'ty( ) days prior tothe date oftbe foreclosure sale, in writing. and sent byregistered or . ed .' retllm receiptrequested, to ~e property address (or other such address as the . may e' ignated bywritten notice to the secured creditor), consisting of a copy of the bUsbed gal vertisement,md mailed as aforesaid.

ReconfiDg requestedby:SkaY-PCJ;ICW,Knjgbien &:Bohan.13~j)Jladiliee St., Ste. 3475Atlanti,GA30303

When l'eC0l'ded, return to:Sicay-Pmow. ~gbten&: Bohan13l pcadIirc:cSt., stc. 341SAlliIittA"GA30303

Send tuuoUc:es:to:D'ecatur:rmBankiltOCommei'ce-Dr.D~,GA31i33()

22269 F'9371Filed and Recorded:

12(131201011:16:51 AMUndac'arter

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DEEDBOOK .2269 Ps372L I fi d' CiJ r t; arCl::"f::;) Sun'Sf" ior CourtDeKclb . l:nt:! 1 G::ors i.~

ALL:1'HAT TRACT ORPARCELOFLAND LYING.. .BEINGLMro... , " ". , ." m . '. ......'. , " .~-olS ~,ANI)7,QJ:i''l'lf.E,16 7-~' ~Witness

In witness of all of whj~h, the said Decatur First Bank havehestheir seal and delivered this instrument the day and year first above

and affixed

Decatur First BAttomey-in-Fa,

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DCDCompan

This f]/J.. day f-p~~JQlJL.

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Sworn to and subscribed before me:

{'\\ ;"\.JV>"lV,~.J~.f6"o/J"Notary Public

S A~ QFGEOR.GMCFU1\TY OF'FULTON

DEED Ul\'DERPOWER OF SALE

This Instrument made and exe:cutedthis gm day ofDecemb

~~Bo.o~195.18. ..~mi1(;i)bqunty. O"IDge~~rds

R tumTo:Martin GQuirk. Esq;Quirk 8:: Qujrk.,LLC3IiO,j;:enllliY $prings; W.:st6~Qo;t,~keF:OTICstDr.Jye;xwAtl~1!LGeprg..i3tQ28(~04)2.52~i4~S

Wll'NESSE11i:

WHEREAS, on the 7U1 day of December, 2010, during the 1 gal hours of e. State Bankand Trust CompanYt by assignm:ent from the Federal Depsit Insuran Corporation.Receiver for Seeunt:J' Bank of North Metra, (hereinafter "SDT' OT the "Ban ") of said State,did expose for sale at a public outcry, to the highest bidder for c , before the ourtbouse doorin DeKalb County, Georgia, the land hereinafter described, at w .ch sale SB was the highestand best bidder at and for Four Hundred Thousand and OOflOOD liars ($400, 0.00) cash; andsaid property was then and there knocked off to SBT at said sale.

WHEREAS, said sale WlIS made bv SBT under and bv vi .e of the PO' er and authoritygranted to State Bank and Trust C~lhpany, by assiPmen from the ederal DepositInsurance Corporation. Reeeiver for Security Bank of No Metro, in certain RealEstate Deed to Secure Debt, together with all modifications d amendm ts thereof (the"Deed"), dated December 14,2006, by Global Professional Dev lepment, In . which Deed isrecorded in Deed Book 19538, Page 522, DeKalb COUDty, Georgi Records,

WHEREAS, said sale was made after advertising the time, lace and te s thereof in TheChampion Newspaper having general circulation in DeKalb C unty, Georgi. and publishedweekly in said County, and being the publication in \SJIDch Sh . s adve ements for saidCounty are now published, once a week for four weeks priorto 5 d sale, to wit on the 11th, 18ih,and 251h of November and the 2nd of December. 2010, and sai advertiseme s in all respectscomplied with the requirements of the power of sale contained in aid Deed.

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DEEOe.ODr; 2232 Ps ~01

WHEREAS, said sale was made for the purpose of paying tl e indebtedn s due to SBT,secured by said deed, and the expenses of the sale; all of which wen -mature and ayable becauseof default in the payment of Promissory Note secured by said Deed.

Now, THEREFORE, SBT, acting under and by virtue of the pIwer of sale c ntained in saidDeed, for and in consideration of Four Hundred Thousand and 1100 Dollar (5400,000.00)paid for said land by virtue of the public sale. and in consider on of the fa hereinbeforerecited, has bargained, sold and conveyed, and does hereby bargail sell and co vey unto SBT,its heirs and assigns, the following described property to wit:

[Legal Des~ription attached and incorporated herein

Notice was given. in compUian with O.C.G.A 44-14-1 2.2 or said r quirements are!:r,pplicable because the property was not to be used in all or p as a dwelli g place by theD btor at the time the Deed was entered into.

To HAvE MU To HOLD the described property unto SB its heirs an assigns in feelle.

It is the purpose and intent of this instrument to convey of the right, itle, equity andinterest of Global Professional Development, Ine, its legal rep sentarives, b . s and assigns,arl.dall persons whomsoever claiming under it in and to said lands.

I In witness of all of which, SBT has hereunder set itsdelivered this instrument the day and year above written.

its seal and

[Bank Seal]

21PQ-13827

DEEDBOOK 2(232?!I 302L 1 to d e a .t erCI~fh t &t:~e!'ior Cour\.Oei

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Morris IHardwick IS,chneider~800 CampCreak ParkwayBldg. 1800, Suite 102Atlanta, Georgia 30331SSb)-- nreD'1c 11-5

l!E"l'IJKN TO:

[EED BOOK 2287 Ps 5,921IIIImlllll~I~II'~ . lied 'Ind Re~lrded:

1 20/2~114:32:31 PM!'tear Es!lrte T.ansr~rTall :ji200.0D Debn\ DeBerrv

I c: R ~i~up.~;i~;'CLJu,tDe IbCollntj,Gecn:gia

SPECIAL WARRANTY DEED

SiAtCof ~a.Colmtyor:;:;:.iCES 0 RIGHTSAPPERTAlI~lNG OR IN &"1nnSE BELONGING" TItEREfo CL"(1)ING, OUTLIMlTATION, ANY PORTION OF rss PROPERlY LYING THE aIIT OFWAY OF ANY PUBLICLY DEDICATED STREET. ROADWA OR AllEY AY, ANDTOGETHER WITH At-."'YAND ALL IMPROVE~.ffi~s, S!RU URES OR. lTRESLOCATED llIEREIN OR THEREON THE PROPERTY. .

~ESS ~1D EXCEPT THAT PROPER1Y RELEASED BY THE Q nTCLAIM D ED FROM .~TATEB.'\NJ{ & TRUSrCOlvIPANY, BY ASSIGNMENT FROM - _ FEDE DEPOSITJtiSlIR.-'\NCE CORPORATION, RECEIVER FOR SECURITY B !K OF NOR METROqA"lED AUGUST 1. ZQO?A...ro RECORDED IN DEED BOOK 20 85. PAGE 39 ,DEKALBGOUNTY, GEORGIA RECORDS.

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Return to:MorrisJHardwickjSclmeider, LLC3800 Camp Ctcclc Parkway, 8ldg. Ig00, Stc. 1'02Atlmta, GA 30331File#: SSW-121000975S

Real E5!afe Tral1S/i!rlilx S250.00

WARRANTY DEEDSlate of GeorgiaCounty of Dekalb

THIS INDENTURE made this 26th day ofNDVeIIlbcr, 2013, bttwellllAPD SOlutictD Deblb, LLC. a

as party or parties of the first part, hlm:inafter caIIed .Gr.mtoI; and

Freida Ricks,as Trustee of The Norbert SimmOIl5 Irrevowle 'Irust, da1'0'03

as party or parties ofllie seeond p!Ut, hereinafter'called Grantee (the words "ranlDr" and "Gr tee" toinclude their respective heirs, successors and assigns where the conteXt r S or permits).

\V I T N E SSE T H that: Grantor, ro. and in c;onsideral:ion Qfthe sum I) TEN AND 00'1:0DOlLARS ($10.00) and other good and valuable consideration in hand.pliid at and don: the scalingdelivery of these presents,the receipt wlif:reof is hereby acknowli;dged. bas grant bargained. sold,conveyed and confirmed, and by these presems does gnttIl, bargain, sell, alieo, con ey and confum unGrantee, the fonowing descrlbed property:

See Exlu1Jit 1/A II attached hereto aDd incorporated herein by reference fer Bdeseription.

Subject to all easements and restrictioGS (jfr~mn.

TO RAVE AND TO HOLD. the said tract or parcel of land, with all and siappurtenances thereof, the same being, belonging, or in anywise sppertlin:ing, tobehoof of the said Grantee.- forever in FEE SIMPLE.

AND TIlE SAID Grantor will Warrant ami Forever defend th~ rigllt and .property Ullto the said Grantee against the claims of all persons whomsoever:

IN WITNESS WHEREOF, Grairtor bas \1erellllto set grantors bmdBlld s

d delivered in the presence of:

orate Seal)

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WIZIOOD9755II 13 @04:43'PM

All that IIacI Of parcel of land lying and being in Land Lots 6 and 7 of the 1 th District, De b CO\U1Iy,Georgia, being Unit D-l of Panola Slope formerly Dominique's Villa Suq 'vision, as per at ther~rrecorded in Plat Book 223 Page 95 and shown in. Plat Book 192, page Dekalb COUllt , GeorginRecords, which recorded plats are inco!porated herein byrcference and 1l'Ia e a part of this d eriptioa,

EXHlBITA

D ED BOOK 2

4901 Johnny.: We};OO

r RFALLManagement

POWER OF ATTORNEY

APD SOLUTIONS D~B, LLC, a Delaware linrlted liability company (tb "Company") reby c:onstitutesand appoiIlts VAUGEN IRONS as ite true anii lawful Attomey-m.-Fact, with power and a ority 1:

Return to: .MorrislHlll'd'llicklScimeider, LLC3800 CampCrcck Parkway, Bldg. 1800, Ste, 102Atlanta, GA 30331File#: SSW-131l0106SS

State of GeorgiaCounty of Fulton

WARRANTY DEED

THIS INDENTURE made this 26th day ofNovembcr, 2013, betweenAPD Solution Dekalb, LLC

as party or parties of the first part, hereinafter clI'UedGr.mtor, and

Frieda Ricks as Trustee of tlbe Norbert SimmoIlS Irrevocable - dated the 16thNovember, 2003 Irrevocable 'li'ust dated November I 0, 2003

as party or parties oithe second part, herein. called Grau1ee (the words Grantor" and "include theirresp._ ectivc heirs, successors and assigns where the coutext Tell]' S or permits).

WIT N E SSE T H that: Grantor, for and in consideta!ioJl of the SlIllli TEN AND0011DOLLARS ($.10.110)and ather goo4 a:ndvaluable consideration in Iiaud paid at before. the sealindelivetyof these presents, 'the receipt wheteof is hereby acknowledged,has bargained, sold,conveyed and confirmccl, and by-these presents does gram, bargain, sell, alien, y and confirmGrantee, the fullowing described property;

S~ Exhibit "A" attached hereto and iDcorporated herein by reference for more completedescription.

Subject to all casemeIll:S and restrictions of record.

TO HAVEAND TO :aOID the said trBcI: or parcel of land, with all and_appurtcJlanccs thereof, the same being, belonging. or iu.anywise appertaining, tobehoof of the 3aidGrantee, forever in FEE SIMPLE.

AND THE SAID Grantor will wammt and forever defend the right andproperty uDtothe said Grantee against the claims of all persens whomsoever.

IN WITNESS WHEREOF, Grantor has here1lll1o set gnmtor's hand andwrittel!.

0..IIJ1:I_ WommtyD dJdwLCX - CM 0612612007

SSWI)llOIOr.SSII Mil @ OS:OO-PM

I01 ED BOOK

EXHIBIT A

All jthat tract or parcel of land lying and being in Land Lois 6 and 7 of the 1 th I)jstrict, DGeorgia, being Unit 'D-2 of' Panola Slope furmerly Dominique's Villa Sub ivision, as perrecorded in Plat Book 223, Page 95 revised at Plat Book 224,Page 63 m1 showu in Platpage 16, Dckalb CiJUnty, Georgia Records., whiCh recorded plats are inCal ted herein .and made a.part of this description. I

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4903 lebnnyo Way.D"c;nur. GA. 300]5Legal D.scription

24 -1 Ps29!;;i

bCounty,at thereofook 192,reference

(SSW-I IIOI06SS.PFDISSWl 11010655/66)

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/# /JUR/PAf\ID1 COO 16 007 10 00.12 COo. 16 007 10 0023 000 16 007 10 00.34 COO 16 00.7 10. 0.0.45 000 16 007 10. 0056 COO. 16 00.7 10 0067 COO 16 007 10 0078 COO. 16 00710 0089 000 16 007 10.009If DOC 16 007 10. 010# 000 16 007 10.011:It COO 16 007 10 012# COD 16007 10.013# ono 16 007 10. 014# ODD 16 0.07 10. 015#. 000 16007 10018# OQO 16 00110019# 000 16 ()C] :10'0.20it 000 1~ 007 10 021# 000 is 007 10 Oi2# 000 if) 00.7 10 Q23# 0.0.0 1600710024# 000 16 007 10 025# 000 16007110 026.# 000 16 007 10 027# 000 16 007 10 028# CO.O 16 007110. 0.29# 0.0.0.16 00.7 10 0.30.# 000 16 198 0.1 227# CO.O16 198 0.1 228# 0.0.0.16 198 0.1 231# 000 16 19~ 01 236

ITAXYR IOWNl2014 APD SOLUTIONS DEKALB LLC2014 APD SOLUTIONS DEKALB LLC2014 APD SOLUTIONS DEKALB LLC20.14 APD SOLUTIONS DEKALB LLC201,4 APD SOLUTIONS DEKALB LLC2Q14 API) SOLUTIONS D~KALB LLC2014 APD SOLUTIONS DEkA~B LLC2014 APD SOLUTIQNS OEKALB LLC20.14 APD $OLUTIONS DE.KALB LLC20.14 APD SOLUTIONS pEKALB LLC20.14 AP[) SOLUTIONS DEKALB LlC2014 AP[)SOLUTIONS PEKALB LLC2'014 .API) SOLUTIONS DEKALB LlC2014 APD SO.LUTION'sDEKA~B L~C2014 APDSOLUTIONSDEKALB LtC2014 APD SOLUTIONS DEKALB 'LtC2014 AP'D SOtuTIONSDEKALBLLC2014 APDSOlUTIONSOEKALBUC20.14 APDSOLUTIONS DEKALB.llC20:14 APDSOLU!TIONSDEKALB LLC2014 APD $O.LUlIONS DEKALBllCt014 APD SOLUTIONS DEKALB LLC2014 APD SOLUTIONS DEKALB LLC2014 APD SDUJTIONS DEKALB LLC2014 AP[) SOLUTIONS DEKALB LLC2014 APD SOLUTiONS DEKALB LLC2'014 APD SOLUTIONS DEKALB LLC2'014 APD SOLUTIONS DEKALB LLC20.14 APD SOLUTIONS DEKALB LLC2014 APD SOLUTIONS DEKALB LLC20.14 APD SOLUTIONS DEKALB LLC2014 APD SOLUTIONS DEKALB LLC

228822.8622842282228049024~0449064908491049.1!)4~i849.20

4Q22.4924490549.072266226:4226222602276488'0489055674881487049131901_190719311965

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