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untanglingwebs
El Supremo
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ELGA Credit Union filed a lawsuit a year ago against Kathleen N Fields for a debt incurred by Greater Eastside Community Association. The case 12-99232 was in Judge Farah's court.
The allegations assert that "on or about October 13, 2006, Defendant as resident agent for Greater Eastside Community Association, sought a loan of money from Plaintiff". The allegations go on to state that $57,000 was lent and $28,456.31 was still owing.
Count I -Breach of Contract
Count II -Unjust Enrichment |
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Mon Oct 21, 2013 9:21 am |
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untanglingwebs
El Supremo
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Fields responded that she was an employee and not the resident agent and that the resident agent was the Board President.
Note: Without checking the dates, the Board president was most likely either James Ananich or Joshua Freeman.
Fields asserted the debt belonged to the agency and was not a personal loan. The Unlimited guaranty was signed on May 29, 2007 and Fields alleges it was not a guaranty for the October 13, 2006 Promissory Note.
Fields alleges the agency ceased to exist in 2008 and burglaries and arson of the business destroyed the records. She also claimed the 6 year statute of limitations had expired.
Fields denied "unjust enrichment" stating the money went to the agency. However when GECA was sued by the City of Flint, documents produced stated the agency paid Fields for unpaid retirement, vacation and other expenses by giving her all of the office equipment and the agency vehicle as payment. Register of Deeds records demonstrate the agency continued to operate in some capacity and they leased office equipment.
Fields used the same office for her company, Advanced Solutions, that was involved in the Department of Energy Grant investigation. She left Josh Freeman on the hook and he signed the building back to the Land Bank, who held the land contract. Politicians came to her defense twice earlier when the payments were not made on the building and the land bank restructured the loan. After the first loan restructuring then Councilwoman Sims and Councilwoman Poplar badgered City DCED Director Nancy Rich with demands to give GECA and Fields funding. GECA owed taxes and was not eligible. |
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Mon Oct 21, 2013 9:38 am |
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untanglingwebs
El Supremo
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I keep warning residents about protecting themselves when they serve on a Board of Directors for a non-profit. Does the Board of Directors have insurance protecting the board? Are the minutes detailed enough to protect those who disagree on a decision that could blow up later? Are the bylaws sufficient to protect the Board and are they followed? Are there measures in place to protect from other Board members conflicts-of-interest? is there proper due diligence for all transactions? |
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Mon Oct 21, 2013 9:43 am |
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untanglingwebs
El Supremo
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Fields is now on a repayment plan to cover the debt. |
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Mon Oct 21, 2013 9:51 am |
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