POWERFUL BANKS + CORRUPT JUDGES = FRAUD in TENNESSEE

In 2007, Byron and Kelly Bush took out a loan with Reliant Bank to develop a commercial property they had purchased two years prior. Dr. Bush, a Nashville dentist and a former candidate for U.S. Senate, had sold Bush Dental Care in 2005 and purchased the property.

The Bushes defaulted in 2012 after the 2008 economic downturn, the interest-rate doubling by Reliant, and broken-promises to finance the construction of a Microtel Hotel. Instead of the Bushes “debt” being “satisfied” as had been agreed, Reliant Bank bought the property themselves for 54-cents on the dollar, using an appraisal based on a down-zoning of the property, contrary to FDIC appraisal guidelines. This greatly reduced the property’s value. Reliant then took the Bushes to court in 2014 to recover a deficiency judgment including attorney fees approaching a million dollars.

This was the same year that a June 10, 2014 article in Fortune Magazine ranked Tennessee as third in the United States for public corruption [http://fortune.com/2014/06/10/most-corrupt-states-in-america/]. Tennessee State Sen. Brian Kelsey called for judicial reform shortly thereafter in an op-ed piece, which also was cited by Tom Humphrey, a former Knoxville News Sentinel Nashville bureau chief, who writes about Tennessee politics, state government, and Legislature news. [http://knoxblogs.com/humphreyhill/2014/06/13/forbes-finds-tn-nations-third-corrupt-state-trailing-ms-la/]

It is becoming increasingly clear that the Courts of Tennessee, or at the very least, certain Officers of these courts [Judges] have no intention of ever openly addressing within their Opinions, ANY of the incriminating testimony of Reliant Bank’s senior officers that reveal Reliant’s “alleged-mistake” and “fraud” including unauthorized unilateral “alteration of loan documents” and Reliant’s “concealment” of the same. What began as a scheme by Reliant Bank to defraud the Bushes, has now evolved into a concerted effort by the Officers of these courts to cover-up Reliant’s testimony. The result is “fraud upon the courts” of Tennessee, which impacts ALL residents.

Reliant Bank made a non-recourse agreement with the Bushes, meaning “all they could lose was the property.” Reliant drafted and prepared their Multi-Purpose Note with a Third-Party Agreement which read, “If a Borrower defaults, my [Dr. Bush] interest in the secured property may be used to satisfy the Borrower’s debt.”Both Dr. Bush and his wife Kelly were Borrowers.

At trial, Senior Vice President for Reliant Mr. Rick Belote testified that he had found this non-recourse agreement in 2010 but determined that it was a “mistake.” He later told his superiors but never told the Bushes, who found out at trial four-years later. He also informed the court that he “made it a point to ensure that the Third-Party Agreement was not executed on that 2011 [Renewal] document,” thereby concealing a “known mistake in a contract.”That’s like selling your home without telling the buyers there are termites. That’s FRAUD as legally defined.

But NONE of these incriminating “material facts” were considered or mentioned by the Trial or Appellate Courts, who concealed these known facts from their “findings” in the same way Reliant Bank hid and concealed their fraudulent behavior for four-years. Instead, evidence was swept under the rug to justify the Ruling and Opinion.

Mr. Belote also testified that “This is the only time I’ve ever seen it used,” concerning the non-recourse Third Party Agreement. But others have come forward since this case with the exact same agreement and are now suffering damages at the hand of Reliant Bank.

But again, this “material fact” was not considered by either court. WHY?

Even though Reliant’s “alleged-mistake” was the central theme of the trial, Williamson County Chancellor James G. Martin III never mentioned this “mistake” or any other incriminating testimony of Reliant Bank officers in 30-pages of his ruling. He held the Bushes accountable for Reliant Bank’s alleged “mistake.” This is contrary to multiple Tennessee Statutes and Rules of Civil and Appellate Procedure.

The Bushes lost their home, as have others, and have exhausted their savings and retirement defending against a bank that does not honor an agreement they made to “satisfy the Borrower’s debt.” Reliant Bank has the land and they now want more!

So next time you’re in court, just tell the judge it’s all a big “mistake.” But don’t expect to get off the hook unless you are a BIG BANK! Fortunately, the Tennessee Supreme Court has an opportunity to reverse this injustice for the protection of ALL Tennesseans.

22 thoughts on “POWERFUL BANKS + CORRUPT JUDGES = FRAUD in TENNESSEE

  1. Great article… Fight the Corruption!

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  2. Heather Meeks Melton March 5, 2019 — 10:25 pm

    Born and raised in Tennessee and found peer to peer spyware on all Microsoft computers and servers. Since I worked and trained to find this as a systems admin for DoD at ft Campbell. However, I was forced out & never contacted or completed in court. Can my story help you so,very I found and reported at home in Clarksville, tn first and then DoD? I am lost and scared…….

    Liked by 1 person

    1. Please leave more info for us to review. We’re wish you well in your struggle for justice.

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    2. Heather
      Please leave any additional info you can for our review. We would like to stay in touch.

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    3. Feel free to contact me at kellybush07@gmail.com

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  3. Good luck, I’m pulling for you! Corrupt judicial systems here in TN are pretty common!

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    1. Yes… and we are doing our best to fight for right. Stay connected. We are stronger United.

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  4. I’ve seen it in Chancellor’s Court and Family Court. Verified facts and evidence are ignored in order to support a “judge”‘s ruling, often in light of obvious conflicts of interest.

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    1. The Whole Truth, heard by the judge, is not contained within the Ruling, thereby distorting the final judgment.

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  5. Martin acted in collision with others to steal my children.

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  6. Reform Advocate March 11, 2019 — 3:28 pm

    There are corrupt Judges in the Family Courts here in Tennessee. I am a victim! They ignore the evidence and laws distorting judgements. All of my witnesses were cleared from the courtroom to do their dirty work and they refused to give me a recording of the hearing. Totally violated. Good thing I believe in KARMA! I am pulling for your fight against corruption and collusion in the court systems!

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    1. We must stand United. Stay connected as we fight these injustices.

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  7. Mr. & Mrs. Bush, I send you all much prayer in fighting the giant of injustice where ever you find it; whereas, Tennessee is not an isolated State; nevertheless, it is in company with others that have been specifically targeted by highly political groups that are stacking the judicial systems with people as to whom you experienced on a first-hand-personal base. If this had to happen to someone, I am glad it was you Mr. Bush, in that you know the law and have the resolve as to how to fight back. You are now in the position to see first-hand how “injustice” the justice system is. Did you know that in small claims court, an attorney does not have to identify him or herself on the paperwork? In Judge Shelton court such an attorney was allowed to file a fraudulently warrant against another plaintiff w/o them being told or given a copy. I wish you Godspeed in changing the system;however, I have reservations that you are at this point-in-time liken to a cotton ball being bobbled into an ocean where there are many unforeseen sea creatures with undesirable motives. Don’t ever give up!

    “I returned, and saw under the sun, that the race is not to the swift, nor the battle to the strong, neither yet bread to the wise, nor yet riches to men of understanding, nor yet favour to men of skill; but time and chance happeneth to them all.” Ecclesiastes 9:11 King James Version (KJV).

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    1. To Sceven Cremer… I especially appreciated the scripture you referenced. Yes, corruption of our judiciary is rampant, but we must fight the “good fight” whenever… wherever we are able. Blessings to you.

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    2. We will not give up, anticipating what God is going to do with this! Thank you for your support!

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  8. This is just the tip of the iceberg regarding the corruption and fraud in Franklin, and Williamson county in general. I am so sorry you were victimized like this, and lost your home. I will keep you in my prayers.

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    1. Thank you Ann. We are currently waiting on the TN Supreme Court to see how they respond. Sadly… and up to this point in time… it appears that judges are reluctant to discipline other judges. The result is unfettered power of judges policing themselves.

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    2. Thank you so much! I am Dr Bush’s wife, Kelly. Prayer changes the outcome!

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  9. I’ve seen your commercials on Nashville Fox channel frequently, today I decided to look into what’s this about. I’m new to this state, so moving to this state was equally exciting, and scary of the unknown. I’ve read of your situation, my heart goes out to both you, and your wife. I am saddened to hear of this news of what you’ve gone through, and continue to go through, perhaps you’ll get justice in the end. This is my Prayer, you’ll find peace within. Sometimes you’ve got to know when to save yourself, when you’ve fight the battle well!

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  10. To learn of such corruption in the TN Justice system is very disconcerting, and it is especially sad to see ethical business owners who have taken risk in an effort to build something, create jobs, and add productivity through goods and services to the community fall victim to this kind of fraud where it is a very strong possibility that some type of special interest exists between Williamson County Judges and Reliant Bank. I wish you the best in your path to justice and appreciate your effort in standing up against this corruption. God Bless.

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    1. Thank you for your comment and support. Yes, it is sad and disconcerting. Tennesseans need to be made aware.

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  11. I have known Dr. Bush for many years now – not only as a friend and outstanding clinician (dentist), but as one of the most sincere and upright men I have ever known or been associated with. He is a man of integrity, and if I may borrow a term from Dr. Tony Evans, in my opinion Dr. Bush is also a fine example of what a “Kingdom Man” is all about. As for myself, I wish him much success in his battle against corruption and untruths in our local and state government and political arenas, and offer him whatever support, encouragement and prayer that I can for him to remain an instrument by which a true and unbiased change occurs. Praying for your wife and family as well. . . thank you for being my friend!
    George A. Bare, Jr., DMD, PLLC

    Like

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