Criminal Complaint Sent to
Fulton County Clerk of Court
Clerk's Decision, Notary Commission Revoked
Fulton County Superior Court Clerk's Office
136 Pryor St. S.W.
Atlanta, Georgia 30303
Attention: Cathlene Robinson
Dear Ms. Robinson,
We, the undersigned purchasers and/or lot owners in the Beaver Run subdivision, would like to make a formal complaint against a notary public who was commissioned by Fulton County, GA. His name is James L. Frith, Jr. His commission expires on September 6, 2008. James Frith Jr.'s address is 555 Colonial Park Drive, Roswell, GA, 30075. Our complaint is as follows:
That James L. Frith Jr. mailed certain forms to certain subdivision residents in late July, 2007;
That the gist of these forms was that each signatory, in signing, was approving the renewal of the subdivision covenants and restrictions;
That these forms were accompanied by letters from James L. Frith Jr. asked the recipients to sign the forms and send them back to James L. Frith Jr. by mail;
That said letters stated that the purpose of returning the signed forms was so that James L. Frith Jr. could then notarize the recipients' signatures;
That James L. Frith Jr. received some, but not all, of the signed documents in question from the recipients;
That James L. Frith Jr. dated and notarized these documents in violation of OCGA 45-17-8 (d);
That on one of these documents James L. Frith Jr. signed himself "James L. Frith Sr.", which as far as we know is the name of a person who does not exist;
That James L. Frith Jr. notarized these documents, which pertained to his own, personal attempt to establish a renewal of the covenants and restrictions in our subdivision;
That said renewal, if completed, would put James L. Frith Jr. in control of the collection of funds for the maintenance of subdivision roads, which belong by deed to the lot owners and purchasers in the subdivision, and also in sole control of the funds themselves;
That the renewal of said covenants and restrictions thus constituted a personal benefit to James L. Frith Jr., making him a party in interest in the renewal of same;
That these documents, after having been notarized in violation of the laws pertaining to notary, were then filed with the Clerk of Court in Haralson County in conjunction with affidavits created and signed by James L. Frith Jr.;
That said affidavits contained false statements regarding the ownership of several properties in the subdivision;
And that said affidavits were signed by James L. Frith Jr. under the name "James L. Frith Sr.", and were notarized by one of James L. Frith Jr.'s employees who knew or should have known James L. Frith Jr.'s actual name.
We feel that in light of the nature of the documents that James L. Frith Jr. improperly notarized and the accompanying perjury in the documents they were filed to support, James L. Frith Jr. should be criminally charged for this activity. He is currently using these filings to remove lot purchasers from properties for which the purchasers have made payments including mortgage interest and in which the purchasers have accrued equity and have made improvements. Mr. Frith personally and through his companies, Beaver Run LLC and MH Investments, then resells the lots, having retained all payments and improvements. He then makes further profits by charging a down payment for these improved lots and charging an even higher price for the property.
These covenants and restrictions are a very profitable tool for Mr. Frith which we believe is his reason for resorting to illegal tactics in his determination to renew them. We think that James L. Frith Jr.'s attorney, Robert Monroe, was aware of the letter that James L. Frith Jr. sent to the residents, offering to notarize these forms without witnessing them. We believe that Robert Monroe was further in a position to be aware of the false statements in the accompanying affidavits, in which James L. Frith Jr. claimed ownership of lots that belonged to other people, and had been deeded to these other people long before the forms in question were signed, notarized, or filed.
We therefore believe that Robert Monroe is or is likely to be a party to this illegal activity, as Robert Monroe is thought to have aided James L. Frith Jr. in filing all of these documents despite being aware of the circumstances under which the documents were notarized and the false statements contained in them.
Enclosed please find copies of the forms in question along with copies of the affidavits they were meant to support, which contain false statements and conflicting names and signatures. Also, we are enclosing copies of documents to establish the pattern that we describe above.
Exhibit E was signed by Philip Roupas while he was in California and then mailed to James L. Frith Jr. for his notarization. Mr. Roupas can be reached at 1330 Bristol St. #39, Costa Mesa, CA, 92626, telephone number 714-328-0243.
Exhibit F was signed by Sharyl Batchelor in Haralson County and mailed to James L. Frith Jr. for notarization and dating. Ms. Batchelor's mailing address is P.O. Box 732, Buchanan, GA, 30113. Her residence is 2 Kelly Creek Road, Waco, GA, 30182.
Exhibit G was signed by Shirley Lawing and mailed to James L. Frith Jr. for his notarization. James L. Frith Jr. then came to Ms. Lawing's residence and had her sign another affidavit, after telling her that he needed to see her sign the document. However, according to Ms. Lawing, James L. Frith Jr. did not notarize the document at that time but rather took it with him to notarize later. We consider this to be evidence of James L. Frith Jr.'s knowledge of the fact that he was supposed to witness the signatures. Ms. Lawing can be contacted at 1411 Two Rock Road, Waco, GA, 30182. Her telephone number is 770-574-5667.
Exhibit D was signed by Della Wallace. Her mailing address is 105 Coyote Trail, Waco, GA, 30182, telephone number 770-574-8930.
Exhibit C was signed by Bill Looman. Mr. Looman is not the sole owner of the lots that he has signed for, and the lots are out tracts and therefore not actually part of the subdivision. Mr. Looman benefited directly from the signing of the affidavit by virtue of having then been hired by James L. Frith Jr. to enforce the covenants and restrictions in question. Also, Mr. Looman is a business partner of James L. Frith Jr. and runs a business from his lots on the edge of Beaver Run Subdivision called U.S. Crane. His home address of 601 Ridgeview Rd., Waco, GA, 30182. His phone number is 770-574-7521.
Copy of plat showing Mr. Looman's lots as out tracts
Printout From Haralson County Tax Assessor's Web Site showing that one of Bill Looman's lots is owned jointly by his wife.
Copy of letters mailed to landowners soliciting signatures on Affidavit to be notarized without the signer present.
Copy of document submitted by James L. Frith Jr. to the Haralson County Clerk of Court renewing the Beaver Run Restrictive Covenants.
Copy of Land Sales Contract for Billy Burger with paragraph marked relating to the Restrictive Covenants in Question.
Copy of Letter to Billy Burger from Mrs. James L. Frith containing a Notice to Cancel Contract for violation of Restrictive Covenants and keep all monies paid by Mr. Burger.
Copy of Summons for Dispossessory of Billy Burger in Magistrate Court for Restriction Violations, despite that he has a Sales Contract and approximately $12,000 equity plus interest in this property, which should require a Foreclosure Hearing in Superior Court.
Copy of letter from James L. Frith to land owners in Beaver Run demanding they send their land payments to him personally, demonstrating that not only his corporations are profiting from these Restrictive Covenants, but, also, him personally.
Two copies from The Haralson County Tax Assessor's Web Site showing that two lots claimed by Mr. Frith as being owned by his corporation were not. 1B & 100B
Copy of the Covenants and Restrictions
which the filing is meant to amend and renew.Copy of the deed to the roads within the Beaver Run Subdivision showing that ownership of the roads belongs to the lot owners and purchasers within the platted subdivision. This deed shows that control of the roads was vested in the lot owners and purchasers of Beaver Run and that Mr. Frith's use of these covenants and restrictions to justify control over the roads and collect monies for their upkeep is improper.
Copy of the Revised Covenant 19 which shows the manner in which the Beaver Run Landowner's Association was meant to be implemented and that Mr. Frith's use of these covenants and restrictions is improper.
Copy of a letter sent to Donna P. Sims in April of 2002 stating that her contract for deed has been terminated due to violation of restrictive covenants. This is to illustrate that the restrictive covenants have always been used as a tool for intimidation and profit in an improper manner. The court rejected Mr. Frith's claim in this matter.
Even improperly claiming votes on lots that have been sold via Land Sales Contracts, Mr. Frith still did not have the majority votes necessary to change the Restrictive Covenants of Beaver Run so as to extend them beyond their expiration date. It is our contention that he committed the above stated acts in violation of Georgia Criminal Code in order to continue to use this document as a tool for profit for his corporations and himself personally. We have, and can provide, further information, documentation and possible testimony to support the above mentioned claims.
We believe that James L. Frith's use of his Notary Seal is not in keeping with the honesty and integrity that the office implies and Georgia Code demands. Therefore we request that his Notary license be revoked an he be criminally charged.
Signed by 5 Beaver Run Land Owners
Answer From the Fulton Clerk of Court
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