Todd Chrisley

Fulton County Superior Court
***EFILED***BR
Date: 12/15/2016 12:18:10 PM
General Civil Case Filing Information Form (Non-Domestic)
Cathelene Robinson, Clerk
Court
County _____________________
Date Filed _____________
Superior MM-DD-YYYY
2016CV283808
Docket # ____________________
State
Plaintiff(s) Defendant(s)
-
________________________________________
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Last First Middle I. Suffix Prefix Maiden Last First Middle I. Suffix Prefix Maiden
________________________________________ ________________________________________
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________________________________________ ________________________________________

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No. of Defendants________
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Bar # _________________
Check Primary Type (Check only ONE) If Tort is Case Type:

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***EFILED***BR
Date: 12/15/2016 12:18:10 PM
IN THE SUPERIOR COURT OF FULTON COUNTY, GEORGIA

136 PRYOR STREET, ROOM C-103, ATLANTA, GEORGIA 30303
SUMMONS
Michael T. Chrisley ) Case
2016CV283808
) No.:______________________________________
)
)
Plaintiff, )
)
vs. )
)
HomeBanc Mortgage Corporation, as last transferred )
)
to U.S. Bank National Association, as indentured Trustee
)
for HomeBanc Mortgage Loan Trust 2005-1 )
Defendant )
)
)
)
)
TO THE ABOVE NAMED DEFENDANT(S):
You are hereby summoned and required to file electronically with the Clerk of said Court at
https://efilega.tylerhost.net/ofsweb and serve upon plaintiffs attorney, whose name and address is:
Monica K. Gilroy, Esq.

Gilroy Bailey Trumble, LLC
3780 Mansell Rd. Suite 140
Alpharetta, Georgia 30022
An answer to the complaint which is herewith served upon you, within 30 days after service of this
summons upon you, exclusive of the day of service; unless proof of service of this complaint is not filed
within five (5) business days of such service. Then time to answer shall not commence until such proof
of service has been filed. IF YOU FAIL TO DO SO, JUDGMENT BY DEFAULT WILL BE TAKEN AGAINST YOU
FOR THE RELIEF DEMANDED IN THE COMPLAINT.
12/15/2016
This ________________________ day of _______________, 20 _____
Honorable Cathelene Tina Robinson

Clerk of Superior Court
By______________________________
Deputy Clerk
To defendant upon whom this petition is served:

This copy of complaint and summons was served upon you __________________________, 20
_________________________________________
Deputy Sherriff
Instructions: Attach addendum sheet for additional parties if needed, make notation on this sheet if addendum is used
***EFILED***BR
Date: 12/15/2016 12:18:10 PM
IN THE SUPERIOR COURT OF FULTON COUNTY

STATE OF GEORGIA
MICHAEL T. CHRISLEY,
Plaintiff, CIVIL ACTION FILE NUMBER

2016CV283808
_________________________
v.
HOMEBANC MORTGAGE
CORPORATION, as last transferred to
U.S. Bank National Association, as
indentured Trustee for HomeBanc
Mortgage Loan Trust 2005-1,
Defendant.
COMPLAINT FOR RELIEF
COMES NOW Michael T. Christley, Plaintiff in the above styled action, by and through
his undersigned counsel, and respectfully shows this Honorable Court as follows:
1.
This Court has jurisdiction over Defendant and over the subject matter of this action.
2.
Venue is proper in this Court.
3.
Defendant HomeBanc Mortgage Corporation is a Foreign Profit Corporation doing
business in Georgia and can be served with process through their foreclosure counsel, McCalla
Raymer Pierce, LLC at 1544 Mansell Rd., Roswell, Georgia 30075 or through their registered
agent CT Corporation System, 1201 Peachtree Street, NE, Atlanta, Fulton County, Georgia
30361.
Page -1-
Complaint for Relief
Michael T. Chrisley v HomeBanc Mortgage Corporation;
FACTS
4.
Plaintiff is the owner of certain real properly located at 4015 Anson Avenue, Alpharetta,
Georgia 30022 (the Property).
5.
A Security Instrument dated October 29, 2004, in favor of HomeBanc Mortgage
Corporation, recorded in Deed Book 38840, Page 558, Fulton County, Georgia Records, as last
transferred to U.S. Bank National Association, as Indentured Trustee for HomeBanc Mortgage
Loan Trust 2005-1 by assignment recorded in Deed Book 53415, Page 597, Fulton County,
Georgia Records, purports to attach as security to the Property (the Mortgage). HomeBanc
Mortgage Corporation, its successors, assigns are hereby referred to as the Lender.
6.
The signature which is affixed on the various lines of the Mortgage, and its
accompanying documents, which says Borrower is not the signature of the Plaintiff. Plaintiff
did not sign the Mortgage or the accompanying documents and the same contains a forgery of
Plaintiffs name.
7.
Plaintiffs name has been forged upon other loans for other properties owned by Plaintiff,
including property in South Carolina. Plaintiff has suspicion to believe a former business partner
is at the root of the forgeries.
Page -2-
8.
It would cause irreparable harm to Plaintiff if he was to lose the Property due to
foreclosure as a result of the forgery. The Property is in imminent danger of being sold at
foreclosure under the forged deed and there exists true risk to Plaintiff as the Property is set for a
January 3, 2017 non judicial foreclosure sale.
9.
Any harm to the Lender by having to wait to reinitiate foreclosure is far outweighed by
the harm which will be caused to Plaintiff by the loss of the Property as the foreclosure would be
wrongful.
10.
Without intervention from this Court, Plaintiff will be unjustly foreclosed upon and
without an Order granting a Temporary Restraining Order or Preliminary Injunction, Plaintiff
will be irreparably harmed.
COUNT I
WRONGFUL FORECLOSURE
11.
Plaintiff incorporates by reference the allegations set forth in the preceding paragraphs of
the Complaint as though set forth at length herein.
12.
Defendant does not have any authority to invoke power of sale as required by
O.C.G.A 44-14-162.2(a), as the Mortgage is not a proper security instrument as it was forged.
Page -3-
13.
The Mortgage is an invalid instrument by virtue of its forgery. Any attempt to exercise
any rights by Defendant under the terms of the Mortgage is void as the Defendant has no valid
security interest in the Property.
14.
Defendants actions to continue to foreclose upon an invalid security instrument will
cause Plaintiff insurmountable damage and loss.
COUNT II
CLOUD ON TITLE
15.
Plaintiff incorporates herein by reference the within and foregoing Paragraphs of his
Complaint as if fully set forth herein.
16.
The Mortgage is a cloud upon the title of the Plaintiff which must be removed.
COUNT III
DECLARATORY JUDGMENT
17.
18.
The Plaintiff is uncertain and insecure with respect to his rights and obligations in and to
the Property and to the Mortgage.
Page -4-
19.
Plaintiff shows there is an actual and justiciable controversy between Plaintiff and
Defendant.
20.
This Count is an action for Declaratory Judgment brought pursuant to the provisions of
O.C.G.A. 9-4-1 et seq.
21.
It is necessary and proper that the rights and status among the Parties hereto be declared,
including with respect to the Property and the Mortgage and the Parties respective interests in
the Property and the Mortgage.
22.
This Court should declare the rights between the Parties hereto with respect to the
Parties respective interests in the Property and the Mortgage and declare the Mortgage null and
void due to forgery.
23.
An actual controversy has arisen and presently exists between the parties regarding the
Parties respective interests in the Property and the Mortgage.
24.
Plaintiff seeks relief from the uncertainty and insecurity with respect to the legal
relations, rights, duties and respective interests of the Parties arising from this controversy.
25.
A judicial declaration of the Parties respective interests in the Property and Mortgage is
necessary to settle and afford the Parties relief from the uncertainty occasioned by this dispute.
Page -5-
26.
Pursuant to O.C.G.A. 9-4-2, relief by declaratory judgment is available to the Plaintiff,
notwithstanding that Plaintiff may have any other adequate legal or equitable remedy.
27.
Plaintiff seeks a declaratory judgment as to the respective ownership of the Property by
the Plaintiff, free and clear of any rights or the Mortgage of Defendant.
28.
A Lis Pendens is filed herewith to preserve the rights of the Plaintiff in and to the
Property, free and clear of any interference of the Defendant.
COUNT IV
INJUNCTIVE RELIEF
29.
30.
Defendant should be prevented from foreclosing upon the Mortgage or taking any action
to collect upon the Mortgage or sell, encumber or attach the Property, pending the final
adjudication of this matter.
31.
In addition to interlocutory relief pursuant to O.C.G.A. 9-1-65(a) and O.C.G.A. 9-4-3,
if necessary, this Court shall issue and enter a Temporary Restraining Order pursuant to
O.C.G.A. 9-1-65(b), restraining Defendant from foreclosing upon the Mortgage or taking any
action to collect upon the Mortgage or sell, encumber or attach the Property,
Page -6-
32.
Plaintiff will suffer irreparable harm if the foreclosure is not halted by the Order of this
Court. See Affidavit of Michael T. Chrisley, attached hereto and incorporated herein by
reference as Exhibit A.
WHEREFORE, Plaintiff prays as follows:
a) That this Court declare the rights of the Parties such that all equities and law be
found in favor of Plaintiff, including the removal of the Mortgage from the title of
the Property;
b) That this Court declare the Mortgage to be a forgery and a cloud on Plaintiffs title
and order the dissolution and cancellation of the Mortgage;
c) That this Court issue an immediate entry of a temporary and permanent
restraining order pursuant to O.C.G.A. 9-11- 65(b), providing that Defendant
shall not foreclosure upon the Mortgage or take any action to collect upon the
Mortgage nor sell, encumber or attach the Property; and
d) That the Court grants such other and further relief as may be just and proper.
This 15th day of December, 2016.
/s/ Monica K. Gilroy

MONICA K. GILROY
Georgia State Bar No. 427520
GILROY BAILEY TRUMBLE, LLC ATTORNEYS FOR PLAINTIFF
3780 Mansell Road, Suite 140
T: 678-280-1922 F: 678-280-1923
[email protected]
Page -7-
AFFIDAVIT OF MICHAEL T. CHRISLEY
STATE OF GEORGIA
COUNTY OF FULTON
Personally appeared before me the undersigned officer duly authorized to administer oaths
MICHAEL TODD CHRISLEY who having been sworn does depose and state as follows:
1.
My name is MICHAEL TODD CHRISLEY. I am sui Juris and suffer no legal disabilities.
2.
I make this Affidavit based upon my personal knowledge.
3.
I am the owner of certain real property located at 4015 Anson Avenue, Alpharetta, Georgia 30022
(the Property or my Property).
4.
I am aware of the existence of a Security Instrument dated October 29, 2004, in favor of
HomeBanc Mortgage Corporation, recorded in Deed Book 38840, Page 558, Fulton County, Georgia
Records, as last transferred to U.S. Bank National Association, as Indentured Trustee for HomeBanc
Mortgage Loan Trust 2005-1 by assignment recorded in Deed Book 53415, Page 597, Fulton County,
Georgia Records, which purports to attach as security to my Property (the Mortgage). HomeBanc
Mortgage Corporation, its successors, assigns and Lenders are hereby referenced as the Lender. The
signature which is affixed on the various lines of the Mortgage, and its accompanying documents, which
says Borrower is not my signature. I did not sign the Mortgage or the accompanying documents. It is
my belief that a former business partner signed my name on the Mortgage and made various payments on
the Mortgage on my behalf.
Exhibit A
Page -1-
Affidavit of Michael T. Chrisley
5.
Due to my dealings with this business partner, I was forced to file bankruptcy on behalf of myself
and my business.
6.
In an effort to salvage the Property from the forged Mortgage and prevent foreclosure, I have
been in constant communications with the Lender regarding ways for me to obtain foreclosure prevention
assistance as we work through the issues to my title of my Property. It is my plan to sell the Property and
work through the title issues with the Lender.
7.
It would cause irreparable harm to me if I were to lose my Property due to foreclosure because of
the forgery. It is the residence of my elderly mother and she would be displaced. The Property is in
imminent danger of being sold at foreclosure under the forged deed and there exists true risk as the
property is set for a January 3, 2017 non-judicial foreclosure sale.
8.
Any harm to the Lender by having to wait an additional 30 days to reinitiate foreclosure is far
outweighed by the harm which will be caused to me by the loss of the Property.
9.
The estimated value of the Property on the open market is FIVE HUNDRED SEVENTY NINE
THOUSAND DOLLARS ($579,000.00). The estimate of a payoff to the Lender is THREE HUNDRED
SEVENTY FIVE THOUSAND, FIVE HUNDRED THIRTY FIVE DOLLARS ($375,535.00).
10.
I give this Affidavit for any purpose that may be necessary and in favor of my request that this
Honorable Court grant a temporary and permanent injunction against the Lender foreclosing on my
Property.
Page -2-
11.
I have read the foregoing and it is true and correct to the best of my information, knowledge
and belief and I authorize its use for any and all purposes allowed by Georgia law.
Dated this 15th day of December, 2016.
Michael Todd Chrisley
Sworn to and subscribed before me

this 15th day of December, 2016.
Commission Expires:
Page -3-
VERIFICATION
PERSONALLY APPEARED before the undersigned attesting officer duly authorized by law to
administer oaths, MICHAEL T. CHRISLEY who, after first being duly sworn, deposes and states that the facts
set forth in the within and foregoing Complaint are true and correct to the best of his knowledge, information
and belief.
Dated this 15th day of December, 2016.
___________________________________
Micahel Todd Chrisley

this the 15th day of December, 2016.
Notary Public
Commission Expires:
Page -8-
***EFILED***WW
Date: 12/27/2016 11:13:15 AM

STATE OF GEORGIA
MICHAELT. CHRISLEY,

2016CV283808
v.
The Honorable Craig Schwall
HOMEBANC MORTGAGE
Defendant.
PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER

AND EMERGENCY INTERLOCUTORY INJUNCTION
COMES NOW, Plaintiff Michael T. Chrisley (hereinafter, "Mr. Chrisley" or "Plaintiff'),
and moves pursuant to O.C.G.A. 9-4-3, 9-5-3(b) and 9-11-65 for an Order restraining and
enjoining the Defendant HomeBanc Mortgage Corporation (hereinafter, "HomeBanc" or
"Defendant"), its successors, assigns, employees or agents from taking any action as to the real
property commonly known as 4015 Anson Avenue, Alpharetta, Georgia 30022 (hereinafter, the
"Property") under that certain A Security Instrument dated October 29, 2004, in favor of
HomeBanc Mortgage Corporation, recorded in Deed Book 38840, Page 558, Fulton County,
Georgia Records, as last transferred to U.S. Bank National Association, as Indentured Trustee for
HomeBanc Mortgage Loan Trust 2005-1 by assignment recorded in Deed Book 53415, Page
597, Fulton County, Georgia Records, (hereinafter, the "HomeBanc Mortgage") or otherwise,
including but not limited to the foreclosure of the Property currently scheduled for the first
Tuesday in January, 2017, and any other foreclosure proceedings. Plaintiff further seeks an Order
enjoining Defendant from taking any actions that would disturb the status quo or equitable rights
Page -1-
Plaintiff's Motion for Temporary Restraining Order and Emergency Interlocutory Order
Fulton County Superior Court, CAFN 2016CV283808
in the Property pending final adjudication of this civil action.
As grounds for this Motion, Plaintiff shows that it has filed the above-styled action
seeking a judicial declaration of each party's rights and status regarding the Property, including a
declaration that the HomeBanc Mortgage is a forgery, with no legal effect, such that the Property
is owned by Plaintiff free and clear of the HomeBanc Mortgage.
Plaintiff further shows that he will suffer immediate and irreparable harm if Defendant is
not enjoined from the foreclosure of the Property, that the status quo should accordingly be
maintained pending a final resolution of this action on the merits, that the granting of such relief
will not result in irreparable harm to Defendant, and that the public interest will not be adversely
affected by such temporary injunction, all as more fully shown in Plaintiffs Brief in Support of
this Motion, filed contemporaneously herewith.
WHEREFORE, Plaintiff prays that his Motion be granted and that Defendant be
restrained and enjoined, until final disposition of this civil action, from taking any action against
the Property, including a foreclosure pursuant to the HomeBanc Mortgage or otherwise, and that
the parties be required to maintain the status quo and preserve all equitable rights in the Property
pending a final adjudication of this civil action.
This 23rd day of December, 2016.
Isl Monica K. Gilroy

MONICA K. GILROY
T: 678-280-1922 F: 678-280-1923
[email protected]
Page -2-
Plaintiffs Motion for Temporary Restraining Order and Emergency Interlocutory Order
Michael T Chrisley v HomeBanc Mortgage Corporation;
STATE OF GEORGIA
MICHAELT. CHRISLEY,

2016CV283808
v.
HOMEBANC MORTGAGE
Defendant.
VERIFICATION
STATE OF GEORGIA
COUNTY OF FULTON
PERSONALLY APPEARED before the undersigned attesting officer duly authorized by

law to administer oaths, came Michael T. Chrisley who, after first being duly sworn, deposes and
states that the facts set forth in Plaintiff's Motion and Brieffor Temporary Restraining Order and
Emergency Interlocutory Injunction are true and correct to the best of his knowledge,
information and belief.
Michael 'T. Chrisley

This 22nd day of December, 2016
-~d/u~V~
Notary Public
Page -3-
Plaintiff s Motion for Temporary Restraining Order and Emergency Interlocutory Order
Michael T. Chrisley v Hom eBanc Mortgage Corporation;
CERTIFICATE OF SERVICE
I hereby certify that I have this date served all parties and/or counsel of record in this
matter with the within and foregoing PLAINTIFF'S MOTION FOR TEMPORARY
RESTRAINING ORDER AND EMERGENCY INTERLOCUTORY ORDER via the
Court' s online filing system or via mail, postage prepaid, as follows :
HomeBanc Mortgage Corporation

C/ O Registered Agent: CT Corporation System
1201 Peachtree Street, NE
Atlanta, Georgia 30361
Isl Monica K. Gilroy

MONICA K. GILROY
T: 678-280-1922 F: 678-280-1923
[email protected]
Page -4-
Plaintiffs Motion fo r Temporary Restraining Order and Emergency Interlocutory Order
Michael T. Chrisley v HomeBanc Mortgage Corp oration;
***EFILED***WW
Date: 12/27/2016 11:13:15 AM

STATE OF GEORGIA
MICHAEL T. CHRISLEY,

2016CV283808
v.
HOMEBANC MORTGAGE
Defendant.
PLAINTIFFS BRIEF IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING

ORDER AND EMERGENCY INTERLOCUTORY INJUNCTION
COMES NOW, Michael T. Chrisley (hereinafter, Plaintiff or Mr. Chrisley), by and
through the undersigned counsel, and brings files this its Brief in Support of Motion for
Temporary Restraining Order and Emergency Interlocutory Injunction, respectfully showing this
Honorable Court as follows:
STATEMENT OF FACTS
The facts supporting emergency relief in favor of Plaintiff are fully set forth in Plaintiffs
Complaint for Relief (hereinafter the Complaint) filed in this matter and Plaintiffs Motion for
Temporary Restraining Order and Emergency Interlocutory Injunction. In the interest of judicial
economy, those facts are incorporated herein by this reference. On the basis of such evidence and
the legal authorities cited below, Plaintiff respectfully submits that it is entitled to temporary
injunctive relief against Defendant pending a final adjudication of this matter.
Page -1-
Plaintiffs Brief in Support of Motion for Temporary Restraining Order and Emergency Interlocutory Injunction
ARGUMENT AND CITATION OF AUTHORITY
Under Georgia law, the issuance of a temporary restraining order is appropriate to
restrain and enjoin any act contrary to equity and good conscience and for which there is no
adequate remedy at law. O.C.G.A. 9-5-1. See also Waycross Military Association v. Hiers,
209 Ga. 812, 76 S.E.2d 486 (1953). The purpose of a temporary restraining order is purely
preliminary and the Court is not required to address the merits of the controversy at this time.
Milton Frank Allen Publications, Inc. v. Georgia Assoc. of Petroleum Retailers, 223 Ga. 784,
158 S.E.2d 248 (1967). Generally, when deciding whether to issue an interlocutory injunction,
the trial court cannot finally adjudicate issues of fact, but may only pass on such questions to the
extent necessary to determine whether the evidence authorizes the grant or refusal of
interlocutory relief. Discretion in the grant or denial of an interlocutory injunction is limited to
cases where there is conflicting evidence. American Buildings Co. v. Pascoe Building Systems,
Inc., 260 Ga. 346, 392 S.E.2d 860 (1990).
A. EMERGENCY INJUNCTIVE RELIEF IS APPROPRIATE UNDER THE

CIRCUMSTANCES.
Plaintiff seeks to enjoin a non-judicial foreclosure sale of its Property that is scheduled to
occur on January 3, 2017. The purpose for such interlocutory injunctive relief is to preserve the
status quo pending final adjudication of the case. West v. Koufman, 259 Ga. 505 (1989). Equity
should take jurisdiction and act in order to avoid a multiplicity of suits. Time Plan Loan &
Investment Corp. v. Morehead, 220 Ga. 762 (1965). In the present case, if the Court does not
enter an interlocutory injunction, there is the potential for aggravation of the situation through a
potential sale of the Property to third parties and recordation of instruments that would at best
expand the proceedings, if not eliminate the real property rights presently held by Plaintiff. As a
Page -2-
result, Defendant should not be permitted to foreclose or take any actions against the Property
until a final resolution of the issues raised in the Complaint.
B. PLAINTIFF HAS MET THE FOUR-PRONG TEST FOR THE GRANT OF AN

INJUNCTION.
Plaintiff is before this Court on its Motion for Temporary Restraining Order and
Emergency Interlocutory Injunction brought pursuant to O.C.G.A. 9-11-65. Georgia law
requires Plaintiff to meet the following four-prong test for the issuance of an injunction: (1)
likelihood of success on the merits; (2) likelihood of harm to Plaintiff if no injunction issues; (3)
the potential harm to Plaintiff in the absence of an injunction outweighs any potential harm to
Defendant caused by an injunction; and (4) the interests of public policy are met through the
issuance of an injunction. Steenhuis v. Todd's Constr. Co., 227 Ga. 836 (1971). As shown below,
Plaintiff meets this test and is, therefore, entitled to injunctive relief.
1. Likelihood of Success on the Merits.
Based on the facts set forth the Complaint and under Georgia law, Plaintiff has
demonstrated a likelihood of success on the merits of this case. Currently, Defendant is
attempting to foreclose on Plaintiffs Property pursuant to a Security Instrument dated October
29, 2004, in favor of HomeBanc Mortgage Corporation, recorded in Deed Book 38840, Page
558, Fulton County, Georgia Records, as last transferred to U.S. Bank National Association, as
Indentured Trustee for HomeBanc Mortgage Loan Trust 2005-1 by assignment recorded in Deed
Book 53415, Page 597, Fulton County, Georgia Records, (hereinafter, the Forged Deed). The
signature which is affixed on the various lines of the Forged Deed, and its accompanying
documents, which says Borrower is not the signature of the Plaintiff. Plaintiff did not sign the
Forged Deed or the accompanying documents and the same contains a forgery of Plaintiffs
Page -3-
name. Plaintiffs name has been forged upon other loans for other properties owned by Plaintiff,
including property in South Carolina. Plaintiffs Mothers name has also been forged on various
contracts as well, and Plaintiff believes a former business partner is at the root of the forgeries.
Plaintiff shows this Honorable Court that the Forged Deed is an invalid instrument by virtue of
its forgery. Any attempt to exercise any rights by Defendant under the terms of the forged Deed
is void as the Defendant has no valid security interest in the Property.
Under Georgia law, a forged deed is a nullity that does not pass good title even to a
subsequent bona fide purchaser without notice. See Brock v. Yale Mortgage Corp., 287 Ga. 849,
700 S.E.2d 583 (2010) ([E]ven a bona fide purchaser for value without notice of a forgery
cannot acquire good title from a grantee in a forged deed, or those holding under such a grantee,
because the grantee has no title to convey.) Id. Attached hereto collectively as Exhibit A, and
incorporated herein, are various statements previously filed in similarly situated cases between
Plaintiff and the alleged perpetrator. These pieces of evidence further support the need for the
temporary restraining order based upon the alleged forgery.
Defendant is now attempting to foreclose in a first priority lien position contrary to the
intent of the parties and contrary to equity. As evidenced by the facts in the Complaint,
including the previously filed Affidavit of Plaintiff, Plaintiff has demonstrated a high likelihood
of success on the merit.
2. Plaintiff Faces a Substantial Likelihood of Immediate and Irreparable Harm

by Foreclosure.
While the mere apprehension of danger or injury will not require equitable relief, one is
not required to await the infliction of injury before he seeks to prevent it by injunction. Ellis v.
Georgia Kraft Co., 219 Ga. 335 (1963). Here, Defendant is set to foreclose on the Property on
Page -4-
January 3, 2017, divesting Plaintiff of title to its Property. Plaintiff has shown it will suffer
irreparable injury if Defendant is allowed to foreclose. There is substantial equity in the Property
over and above the Without injunctive relief, Plaintiff faces the necessity of suing any purchasers
at the sale, and any remote, subsequent purchasers, to obtain judicial recognition of Plaintiffs
rights in the Property and to divest such purchasers of title. Under Georgia law, an injunction
may be issued to protect the moving party from irreparable injury and to preserve the power of
the courts to render a meaningful decision on the merits. See O.C.G.A. 9-11-65. The law,
when applied to the facts of this case, makes it clear that the Forged Deed is not a valid first
priority lien against the Property. See Brock, infra. Therefore, all of these losses of valuable,
unique real property rights, the loss of equity in the Property, and the destruction of the status
quo can be avoided by a temporary restraining order and preliminary injunction, precluding
Defendant from foreclosing on the Property during the pendency of this civil action. For all of
the above reasons, the issuance of a temporary restraining order and interlocutory injunction is
authorized in this case.
3. Injunctive Relief Poses Little or No Potential Harm to Defendant.
In comparison to the irreparable injury that Plaintiff will suffer through an erroneous
foreclosure, there is little to no potential harm to Defendant that would occur through the
issuance of a temporary restraining order and interlocutory injunction. Any harm that might
befall Defendant is relatively minor and of a temporal nature compared to the harm that Plaintiff
would incur if no injunction were issued. Plaintiff has listed the Property for sale in an attempt to
mitigate its damages. Defendant will be unjustly enriched by foreclosing under the Forged Deed.
If Defendant were to prevail in this lawsuit, Defendant would still be able to foreclose on the
Property as planned, but will have a tainted piece of collateral due to the Affidavit of Forgery
Page -5-
filed by Plaitniff. The slight delay a grant of a TRO will cause to Defendant is nothing when
weighed with the loss which will be caused to Plaitniff due to the consequences of the
foreclosure sale. Therefore, Defendant faces little potential harm in comparison to Plaintiff, who
faces the loss of his Property and the equity contained therein.
4. The Issuance of an Injunction Will Not Disserve the Public Interest.
A trial court has the discretion to grant an interlocutory injunction to preserve the status
quo and balance the conveniences of the parties pending a final adjudication. Ebon Foundation v.
Oatman, 269 Ga. 340, 344 (1998). The preservation of the status quo in the present case will
serve the public interest by preventing a multiplicity of lawsuits with potentially conflicting
results, and by permitting the parties to resolve their differences in an orderly fashion in this
Court. Such is one of the highest and best purposes of a court of equity. Benton v. Patel, 257 Ga.
669, 362 S.E.2d 217 (1987). The public interest is also served by precluding a foreclosure sale in
which Defendant does not have a valid secured interest in the Property, because the Court then
will not be overburdened with lawsuits against unwary prospective purchasers who would be
buying a lawsuit disguised as a bargain.
CONCLUSION
Based on the foregoing and the record evidence, Plaintiff respectfully submits that the
Court should issue an Order restraining and enjoining Defendant, its successors, assigns
employees or agents from taking any action concerning the Property under the HomeBanc
Mortgage, including but not limited to enjoining Defendant from selling the Property at the
foreclosure sale scheduled for January 3, 2017.
Page -6-

MONICA K. GILROY
T: 678-280-1922 F: 678-280-1923
[email protected]
Page -7-
Exhibit
A
t7a\oft CQQf FrtDIV
QXn tj twt- aRr
AFFIDAVIT OF DONNA CASH
STATE OF GEORGIA aDt

GWNNETT COVNTY
Before me the undersigned authority personally appeared Donna Gas who being duly
FILED IN OFFICE
sworn states as follows
DELEsEco
My name is Donna Cash ani over the age ofahteen and am conipet
testify regarding the matters set forth herein have ersonal knowledge of the matters set iorth
below and if called as witness could and would cothpetently testify thereto
was employed by Chrisley Asset Manageiient LUG CAM from April 2008
through May of 201 During my time at CAM ser.ed as an executive administrative assistant
for Todd Chrisley the companys President On ocasion would also piovid administrative
support services to Mark Braddock the companys Vice President
Because of the volume of checks written by CAM stamp was created of Mr Chrisleys
signature It was Mr Chrisleys and CAMs policy that the stamp was only to be used for checks
and was not to be used without Mr Chrisleys duthorization witnessed Mr Braddock
repeatedly use Mr Chrisleys signature stamp also witnessed Mr Braddock sign Mr
Chrisleys name to documents
witnessed Mr Braddock intentionally dirupt Mr Chrisleys efforts to resolve
landlord-tenant dispute pending in Los Angeles At te time the ease had been settled and was
asked by Mr Chrisley to ensure the settlement cheek and settlement agreement were delivered to
EXHIBIT __________
DATEt.1It5hL1
TANYA PAGE CC
the opposing counsel by overnight carrier Accordingly placed these important legal
documents into Federal Express cnvclope that vas ready for shipment Mr Braddock
intercepted the envelope and stated that he would ttake

care of it later learned that the
was never sent in the of ik settlement

envelope resulting collapse
Mr Braddock apparently knew all on-line login information and passwords for Mr
Chrisleys personal American Express and Visa aeconts as well as accounts for utilities at Mr
Chrisleys home Mr Braddock even maintained alpassword spreadsheet detailing all of Mr
Chrisleys login information and passwords On seeral occasions \vitnessed Mr Braddock
impersonated Mr Chrisley when interfacing with 4merican Express representatives over the
telephone witnessed Mr Braddock redeem Membrship Rewards points from Mr Chrislcys
personal American Express for his own personal us also witnessed Mr Braddock redeem
rewards points from Mr Chrisleys personal Visa 4count which he utilized to order multiple
items on-line as well as cash gift-cards Mr Braddoc informed mc that he had arranged to have
items sent tha when inform him

the to my attention at the office but they arrived was to
When thc items arrived which included gift cards ishing gear and an iPod docking station
gave them to Mr Braddock as he requested believe he kept these items for himself
Mr Braddock had an interest in two beach prdperties located on Floridas panhandle one
of which has since been sold After the BP oil spill dccurred witnessed Mr Braddock prepare
claim form to seek reimbursement for damages allegedly sustained by him for lost income He
claimed that these beach properties would have beer4booked solid that entire summer resulting
in more than $150000 of lost rental income This 4as simply not true The homes had never
ChrisIey000lBl
been rented with the frequency claimed in Mr Brad4ocks submittals to BP Nonetheless as
result of the claim Mr Braddock received no less thaj $25000
Mr Chrisley owned an unfinished home locatd on West Conway Drive in Atlanta Mr
Braddock informed me that he was going to Mr Chis1eys property on West Conway Drive to
retrieve oak cabinetry chandelier and other items for safekeeping He then asked me to rent
storage unit in Roswell GA and use my personal dbit card and he stated he would only need
the unit for one month Oak cabinets chandelier and various other items wcre temporarily
stored in the unit as were two wicker chairs and an bttoman On April 20 11 Mr Braddoek
gave me the two Royal Dalton figurines for

my birthday and instructed me to hide it Mr
Braddock installed the eabinetry in his home In Setembei of 2010 went to Mr Braddocks
house to obtain glass-top table which was too larg for my car He then asked me if wanted
to the two wicker chairs and ottoman Mr Braddoekand his wife loaded the chairs and ottoman
into their Range Rover aiid drove them to my home loaded the table into my friends car
It is
my understanding that CAM is owned byulie Chrisley 60% Todd Chrisley 10%
and Mark Braddoek 30% Mr Braddock has lid to banks and CAMs clients about lie
ownership structure
Mr Braddock intercepted checks to certain

ofCAMs vendors and retained those checks
in his top desk drawer On numerous occasions aw Mr Braddoek and the companys in-
house bookkeeper Alma Cleric prepare checks to vndors use the companys postage machine
to remove date stamps on the envelopes and then hbld the envelopes for weeks and months
Chrisley000 182
thereby intentionally failing to
pay CAMs vendork Mr Braddock also intercepted certain
payments intended for Mr Chrisleys personal us4 such as mortgage payments due to JP
Morgan Chase for Mr Chrisleys home apparentl to cause Mr Chrisley to default on his
niortgage obligations
10
witnessed Mr F3raddock take CAM propety from the office for personal purposes
including plasma television He explained to me that one of his sons needed television Mr
Braddock charged his personal cell phone usage to the companys account Mr Braddock also
instructed the companys J.T service provider perfom set-up and maintenance services for his
honie computers
Mr Braddock routinely instructed me to wibhold pertinent and time sensitive work-
related information from Mr Chrisley Mr Braddo4 instructed me to misrepresent the time of
certain conference calls with clients including important status and performance calls so that
Mr Chrisley would not be able to monitor or particidate in the calls 1-le even informed me that
Mr Chrislcy did not need to attend certain calls and instructed me not to schedule the calls on
Mr Chrisleys calendar
12
was approached by CAM to work part timr on

Mr Chrisleys personal business and
support the office on administrative issues volunteeed to assist was asked by Mr Chriley
to asscnible Mr Braddocks personal belongings fro the office and place them in box to he
provided to Mr Braddock While inspecting Mr Sddocks office discovered that lie had
possession my social security benefits information printed e-mail from my personal e-mail
chrisley000l 83
account dated 5124111 after from on 5/5/Il ahd of my airfare
my departure print-out
CAI1I
from vacation that took last Interestingly arrived at the airport for that last
year vhen trip
year was informed by the air carrier that my ticket had niystcdousy been canceled Mr
Braddocks possession of this airfare information suggests to me that lie was thc
trongly
individual that canceled my ticket
Further the affiant sayeth not
This__ day of August
Subscribed and sworn to before mc

thisday of August 2012
Chrisley000 184
I hereby certify that I have this date served all parties and/or counsel of record in this
matter with the within and foregoing BRIEF IN SUPPORT OF PLAINTIFFS MOTION
FOR TEMPORARY RESTRAINING ORDER AND EMERGENCY INTERLOCUTORY
ORDER via the Courts online filing system or via mail, postage prepaid, as follows:
HomeBanc Mortgage Corporation

C/O Registered Agent: CT Corporation System
1201 Peachtree Street, NE
Atlanta, Georgia 30361

MONICA K. GILROY
T: 678-280-1922 F: 678-280-1923
[email protected]
Page -8-
***EFILED***RM
Date: 1/5/2017 12:09:16 PM
***EFILED***WW
Date: 1/18/2017 2:21:27 PM
Michael T. Chrisley v. HomeBanc
Mortgage Company
To: All Judges, Clerks of Court, and Counsel of Record CAFN: 2016CV283808
From: Monica K. Gilroy
Re: Notice of Leave of Absence
Date: January 18, 2016
NOTICE OF LEAVE OF ABSENCE
Monica K. Gilroy, Esq. respectfully notifies all Judges before whom she has actions
pending, all affected Clerks of Court, and all counsel of record, that she will be on leave pursuant to
Georgia Uniform Court Rule 16.
The period of leave during which time Ms. Gilroy will be away from the practice of law is:
Date Description
February 1 through February 3, 2017 Family trip
February 17 through February 20, 2017 Family trip
March 8 through March 10, 2017 Industry Conference Out of State-Educational
Committee Member
March 20 through March 22, 2017 Industry Conference Speaker/Out of State
March 25 through March 29, 2017 Industry Conference Out of State
April 3 through April 7, 2017 Spring Break
May 6 through May 10, 2017 Industry Conference Speaker/Out of State
May 10 through May 14, 2017 Industry Conference Speaker/Out of State
May 22 through May 25, 2017 Family/Graduation
June 7 through June 9, 2017 Industry Conference Out of State
June 12 through June 16, 2017 Family trip
June 28 through June 30, 2017 Industry Conference Speaker/Out of State
July 21 through July 30, 2017 Family trip
October 17 through October 20, 2017 Industry Conference Speaker/Out of State
All affected Judges and counsel of record shall have ten (10) days from the date of this
Notice to object. If no objections are filed, the leave shall be automatically granted in accordance
with Georgia Uniform Court Rule 16.
This 18th day of January, 2017.
GILROY BAILEY TRUMBLE, LLC MONICA K. GILROY

3780 Mansell Road, Suite 140 Georgia State Bar No. 427520
Alpharetta, Georgia 30022 [email protected]
T: 678-280-1922 F: 678-280-1923
This is to certify that I have served a copy of the foregoing Notice of Leave of Absence
upon all Judges, Clerks, and counsel of record by placing a true and correct copy of same in the
United States Mail with first-class postage affixed thereto.
This 18th day of January, 2017.
GILROY BAILEY TRUMBLE, LLC MONICA K. GILROY

3780 Mansell Road, Suite 140 Georgia State Bar No. 427520
Alpharetta, Georgia 30022 [email protected]
T: 678-280-1922 F: 678-280-1923
-2-
***EFILED***AB
Date: 2/2/2017 10:11:43 AM

STATE OF GEORGIA
MICHAEL T. CHRISLEY, )
)
Plaintiff, )
)
v. ) CIVIL ACTION NO. 2016CV283808
)
U.S. BANK NATIONAL ASSOCIATION, )
AS TRUSTEE FOR THE HOMEBANC )
MORTGAGE TRUST 2005-1, )
MORTGAGE BACKED NOTES )
Defendant.
STIPULATION FOR EXTENSION OF TIME FOR DEFENDANT TO FILE A

RESPONSIVE PLEADING
Under O.C.G.A. 9-11-6(b), Plaintiff Michael T. Chrisley (Plaintiff) and Defendant
U.S. Bank National Association, as Trustee for the HomeBanc Mortgage Trust 2005-1, Mortgage
Backed Notes, (Defendant), HEREBY AGREE AND STIPULATE that Defendant shall
have until and including February 23, 2017 to answer or otherwise respond to Plaintiffs
Complaint filed in the above-captioned matter, and that any answer or responsive pleading filed
by Defendant on or before said date shall be deemed as timely.
SO STIPULATED and AGREED this 2nd day of February, 2017 by:
GILROY BAILEY TRUMBLE LLC WARGO & FRENCH, LLP

Counsel for Plaintiff Counsel for Defendant
/s/_Monica K. Gilroy (by LG with express /s/ Lauren Grondin

permission)__________________________ SHANON J. MCGINNIS
MONICA K. GILROY Georgia Bar No. 387598
3780 Mansell Road LAUREN GRONDIN
Suite 140 Georgia Bar No. 683329
Alpharetta, GA 30022 999 Peachtree Street NE, 26th Floor
678.280.1922 Atlanta, Georgia 30309
[email protected] (404) 853-1500 (Telephone)
(404) 853-1501 (Facsimile)
[email protected]
1
This certifies that I have this day caused to be served a true and correct copy of the
within and foregoing STIPULATION FOR EXTENSION OF TIME FOR
DEFENDANT TO FILE A RESPONSIVE PLEADING on all counsel of records by U.S.
Mail, postage pre-paid, addressed as follows:
MONICA K. GILROY
Gilroy Bailey Trumble LLC
3780 Mansell Road
Suite 140
Alpharetta, GA 30022
678.280.1922
[email protected]
This 2nd day of February, 2017.
/s/ Lauren Grondin

LAUREN GRONDIN

Todd Chrisley

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Fulton County Superior Court

Plaintiff/Petitioner's Attorney Pro Se

Check Primary Type (Check only ONE) If Tort is Case Type:

IN THE SUPERIOR COURT OF FULTON COUNTY, GEORGIA

TO THE ABOVE NAMED DEFENDANT(S):

Monica K. Gilroy, Esq.

Honorable Cathelene Tina Robinson

To defendant upon whom this petition is served:

IN THE SUPERIOR COURT OF FULTON COUNTY

Plaintiff, CIVIL ACTION FILE NUMBER

COMPLAINT FOR RELIEF

Venue is proper in this Court.

Defendant HomeBanc Mortgage Corporation is a Foreign Profit Corporation doing

Georgia 30022 (the Property).

A Security Instrument dated October 29, 2004, in favor of HomeBanc Mortgage

is at the root of the forgeries.

January 3, 2017 non judicial foreclosure sale.

without an Order granting a Temporary Restraining Order or Preliminary Injunction, Plaintiff

will be irreparably harmed.

the Complaint as though set forth at length herein.

security interest in the Property.

Defendants actions to continue to foreclose upon an invalid security instrument will

cause Plaintiff insurmountable damage and loss.

Complaint as if fully set forth herein.

Complaint as if fully set forth herein.

the Property and to the Mortgage.

O.C.G.A. 9-4-1 et seq.

the Property and the Mortgage.

void due to forgery.

Parties respective interests in the Property and the Mortgage.

Pursuant to O.C.G.A. 9-4-2, relief by declaratory judgment is available to the Plaintiff,

Plaintiff seeks a declaratory judgment as to the respective ownership of the Property by

Property, free and clear of any interference of the Defendant.

Complaint as if fully set forth herein.

adjudication of this matter.

In addition to interlocutory relief pursuant to O.C.G.A. 9-1-65(a) and O.C.G.A. 9-4-3,

WHEREFORE, Plaintiff prays as follows:

and order the dissolution and cancellation of the Mortgage;

c) That this Court issue an immediate entry of a temporary and permanent

restraining order pursuant to O.C.G.A. 9-11- 65(b), providing that Defendant

Mortgage nor sell, encumber or attach the Property; and

This 15th day of December, 2016.

/s/ Monica K. Gilroy

I make this Affidavit based upon my personal knowledge.

(the Property or my Property).

the Mortgage on my behalf.

work through the title issues with the Lender.

property is set for a January 3, 2017 non-judicial foreclosure sale.

SEVENTY FIVE THOUSAND, FIVE HUNDRED THIRTY FIVE DOLLARS ($375,535.00).

Dated this 15th day of December, 2016.

Michael Todd Chrisley

Sworn to and subscribed before me

Sworn to and subscribed before me

IN THE SUPERIOR COURT OF FULTON COUNTY

Plaintiff, CIVIL ACTION FILE NUMBER

PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER

COMES NOW, Plaintiff Michael T. Chrisley (hereinafter, "Mr. Chrisley" or "Plaintiff'),

enjoining the Defendant HomeBanc Mortgage Corporation (hereinafter, "HomeBanc" or

is owned by Plaintiff free and clear of the HomeBanc Mortgage.