STATE BAR OF GEORGIA

GRIEVANCE
CONFIDENTIAL
PLEASE TYPE OR PRINT LEGIBLY IN BLACK INK ONLY
DO NOT ALTER THIS FORM

YOUR NAME: Deidra and Jesse Hooper, Jr.

MAILING ADDRESS: 12550 Bethany Road Alpharetta GA 30004

Street or P.O. Box City State Zip

YOUR EMAIL ADDRESS: jessehooperjr@gmail.com; dhooper165@yahoo.com

YOUR PHONE NUMBERS: (H/CELL) 470.318.0507 (W) 770.882.1128

NAME OF THE ATTORNEY: Brett J. Chaness - Georgia Bar No. 720572

Fill out a separate form for each attorney. Do not list law firms.

ADDRESS OF THE ATTORNEY: N/A

DATE OF FIRST CONTACT WITH ATTORNEY: N/A DATE OF LAST CONTACT WITH ATTORNEY: N/A

DOES THIS ATTORNEY CURRENTLY REPRESENT YOU? YES  NO  WAS THIS YOUR ATTORNEY? YES  NO 

IS YOUR CASE: CRIMINAL  CIVIL  CASE # 2017CV294971

COUNTY: Fulton OR FEDERAL DISTRCIT: NORTHERN  MIDDLE  SOUTHERN 

CLEARLY DESCRIBE YOUR COMPLAINT AND ATTACH SUPPORTING DOCUMENTS:

Brett J. Chaness ("Chaness"), Partner Attorney of Rubin Lublin ("RL") is in violation of Rule 8.4(a)(4) of the Georgia Rules of Professional

Conduct by knowingly representing his client, Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust as Owner Trustee of the

Residential Credit Opportunities Trust III ("WSFS") in an ongoing Racketeer Influenced Corrupt Organization ("RICO") violation

committing residential mortgage fraud and bid-rigging. Through a pattern of racketeering, Chaness is persisting in a 'cover-up' scheme

defrauding the Fulton County Superior Court ("FCSC") by concealing the true party-of-interest, Morgan Stanley Mortgage Capital Holdings,

LLC ("MS”) in FCSC Case No. 2017CV294971. On April 2, 2012, MS entered a Consent Order (the "Order") with the Board of

Governors of the Federal Reserve System (Docket No. 12-015-B-HC) wherein there was a Cease and Desist/Injunction pursuant to

sections 8(b)(1) and (3) of the FDI Act (12 U.S.C. §§1818(b)(1) and 1818(b)(3)). Chaness and his firm are nefariously bypassing the Order by

substituting MS with WSFS in the act of theft by fraud. See attached complaint and its exhibits.

If more space is needed, please attach other pages. Please do not write on the back.

Return to: State Bar of Georgia “I affirm that I have read and understand the information and instructions.
Office of the General Counsel The information I have provided here is true to the best of my knowledge.”
104 Marietta St. NW, Suite 100 SIGNATURE:
Atlanta, GA 30303 DATE:

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Revised 07.02.2020
 STATE BAR OF GEORGIA

DEIDRA and JESSE HOOPER )

)
v. )
)
BRETT J. CHANESS )
)

COMPLAINT

1. This is a complaint against Brett J. Chaness (“Chaness”), Georgia Bar No.: 720572.

2. Chaness is licensed to practice law in Georgia and is a lawyer subject to disciplinary authority of

this jurisdiction.

BACKGROUND

3. On May 9, 2005, builder/seller Nema Homes, LLC (“Nema”) secured a loan from the Piedmont

Bank of Georgia (“Piedmont”), part of which was used to purchase, improve and sell the Property

(the “Property”) to Deidra and Jesse Hooper (the “Complainants”)1.

4. The title defect occurred on the closing date, December 23, 2008, when Complainants purchased

the Property from Nema. This and all subsequent conveyances were void as a nullity, as Nema

did not receive a clear, marketable title until January 10, 20192. A true and correct copy of the

Quitclaim Deed of Release is attached hereto and incorporated herein as ‘Exhibit A’.

5. Nema’s bank, the PrivateBank and Trust (formerly Piedmont, the “PrivateBank”) retained its

legal title to the Property.

1
Both the actual referenced loan for the Property and title insurance policy are solely in the name of Deidra
Hooper, but as Joint Tenants and Respondents in the Lawsuit, both Deida and Jesse Hooper are being used
interchangeably throughout Complaint.
2
“One cannot transfer or convey an interest in real Property greater than he has”. See Lionhart v. Fowler and
Clarence L. Martin P.C. v. Wallace, 248 Ga. App. 284, 288(1), 546 S.E. 2d 55 (2001).
 6. Due to Nema’s default on PrivateBank’s superior lien3, on March 1, 2011, the PrivateBank

foreclosed4 (the “Nema Foreclosure”) and sold the Property to its subsidiary, PB GA OREO.

7. This defect was the reason the Fidelity National Title Insurance Company (the “Enterprise”)

accepted coverage (Claim No. 577715) for Complainants’ putative lender, Morgan Stanley

Mortgage Capital Holdings, LLC (“MS”) and on its behalf hired the Neel, Robinson & Stafford

(“NRS”) law firm to draft the September 5, 2017, fictitious lawsuit (Petition for Equitable Relief,

Case No. 2017CV294971, (the “Lawsuit”)—wherein the true party-of-interest, MS, in an

unprocedural substitution was switched to Wilmington Savings Fund Society, FSB, d/b/a

Christiana Trust as Owner Trustee of the Residential Credit Opportunities Trust III (“WSFS”)

and whereby Complainants were summoned as Respondents on October 12, 2017. The goal of the

Lawsuit was for co-respondents, the PrivateBank and OREO to default, and to gain consent from

the Complainants. A true and correct copy of the Petition for Equitable Relief is attached hereto

and incorporated herein as ‘Exhibit B’5.

8. Having been made aware of their lack of title by the Lawsuit, Complainants filed Claim No.

605821, for which the Enterprise accepted coverage on November 1, 2017.

9. Rather than curing the title-defect of the Complainants’ 2008 purchase, to its benefit, the

Enterprise’s Lawsuit fast-forwards to the 2011 Nema Foreclosure, wherein the Enterprise could

direct a cast of lead and supporting actors in a plot to deny the Complainants’ title claim and help

MS to commit residential mortgage fraud.

10. The Lawsuit unwound the Nema Foreclose and vested legal title in the Property to Nema,

recorded on January 10, 2019.

3
Both the Private Bank and Trust and PB GA OREO were acquired by the Canadian Imperial Banc of
Commerce (“CIBC”), prior to the filing of the Enterprise Lawsuit.
4
There exists no announcement of the Private Bank and Trust’s foreclosure sale as required by Georgia law.
O.C.G.A. § 44-14-162.
5
Exhibits have been omitted to reduce file size.
 11. On April 2, 2012, Morgan Stanley entered a Consent Order6 with the Board of Governors of the

Federal Reserve System wherein there was a Cease and Desist/Injunction forbidding it from

bringing the Lawsuit, for which it was the true party-of-interest.

PROFESSIONAL MISCONDUCT

12. Chaness, as Partner Attorney at Rubin Lublin, LLC (“RL”), is carrying out RICO violations by

conspiring with the Enterprise on the behalf of his client WSFS to conceal MS as being the true

party of interest in the Lawsuit, thus making himself and RL an ‘association-in-fact enterprise’.

13. Chaness lied to the Fulton County Superior Court regarding the putative lender’s lack of standing.

As a matter of real Property law, the lender did not have a secure interest in the Property, as title

had not been conveyed to the Complainant.

14. Chaness violated Rule 8.4 (a)(4) of Georgia Rules of Professional Conduct that provides that a

lawyer shall not “engage in professional conduct involving dishonesty, fraud, deceit or

misrepresentation”.

15. Chaness engaged in dishonesty, deceit and misrepresentation by withholding the identity of the

true party of interest in the Lawsuit from the Fulton County Superior Court.

16. Chaness misrepresented the status of WSFS as being lenders having standing.

CONCLUSION

Chaness is aiding and abetting his clients WSFS to commit Residential Mortgage Fraud7.

Clearly Chaness is not fit to continue in his professional capacity under the rules as set forth by the

Georgia Bar. His actions insurmountably violate the Georgia Rules of Professional Conduct and rise

to levels of RICO Violations. Chaness, RL, along with the Enterprise, having scienter, constitute an

‘association-in-fact enterprise’ — “a group of persons associated together for a common purpose of

6
12-015-B-HC
7
On August 16, 2022, the Complainants were granted a Writ of Possession by Fulton County State Court
judge, the Honorable Elizabeth Emmanuel, after the January 4, 2021, wrongful foreclosure, and sale of and
November 18, 2021, unlawful eviction from their Property.
engaging in a racketeering course of conduct”. United States v. Turkette, 452 U.S. 576, 583 (1981).

The germane provision of RICO makes it unlawful for a person employed by or associated with an

enterprise that affects interstate commerce to conduct or participate in the conduct of the enterprise’s

affair through a pattern of racketeering activity. 18 U.S. C. § 1962(c).

WHEREFORE, the Complainants respectfully request the State Bar of Georgia to fully investigate

the facts and violations described in this complaint and that it duly, expeditiously, and properly

enforce the Georgia Rules of Professional Conduct.

Respectfully submitted,

_________________________________
Deidra and Jesse Hooper Jr.
12550 Bethany Road
Alpharetta, GA 30004
 EXHIBIT
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