By RAY LIGHTNER
Journal Staff Writer
Charles P. Gross, 65, of Valdosta pleaded guilty on Friday to false swearing and theft.
Gross pleaded guilty during his jury trial in Houston Superior Court before Senior Judge “Buster” McConnell and was sentenced to five years in prison followed by 10 years on probation. The final sentencing hearing will be held later this summer, according to the District Attorney’s Office.
Gross was on trial for falsely swearing to affidavits used in connection with real estate closings in 2004. The affidavits affirmed that all subcontractors had been paid for their labor and materials on the houses built by Gross and his company, Creek Mill Homes.
Subsequent to the loan closings, it was discovered that the subcontractors had not been paid and liens were then placed on the new homeowner’s houses.
“Home owners and lending institutions are entitled to rely on such affidavits in connection with loan closings,” District Attorney Kelly Burke, said Friday. “The sentence today should send a clear message to home builders that we will not sit idly by and allow contractors to put homeowners and their property in jeopardy.”
In Georgia, when a lien is placed on a homeowner’s house, the homeowner is responsible for that debt. Gross’ actions caused liens to be filed on several of the new homes that he sold to homebuyers, Burke said. As part of the sentence, Gross is also required to pay back the subcontractors for their losses.
The case was prosecuted by Senior Assistant District Attorney Jeff Lasseter and Assistant District Attorney Duncan Munn. Gross was represented by Nick M. Bajailia of Valdosta.
