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June 22, 2010

Sunset Gardens to be privately owned again

Secretary of State puts cemetery up for sale

LAUREL — Nearly a year after being seized by the State of Mississippi, Laurel’s Sunset Gardens Memorial Park will soon return to private hands.

Secretary of State Delbert Hosemann said Monday that Prentiss County Chancery Judge John Hatcher has ordered the sale of Sunset Gardens Memorial Park, Liberty Memorial Park in Booneville, Pinecrest Memorial Park in Pittsboro and Prentiss Memorial Gardens in Baldwyn.

The properties were previously owned by Don Middleton and Rogers Memorial Management Company, L.L.C. In August 2009, Judge Hatcher named the Secretary of State as Receiver of the four cemeteries.

Last week, Middleton was convicted of two counts of failure to file cemetery records in Prentiss County and sentenced to 12 months in jail, plus a $1,800 fine.

“We’ve had three critical things happen that allowed us to put these properties up for sale,” Hosemann said. “First, we were able to get a $500,000 debt against the cemeteries released for no money. That allowed the judge to order the sale.”

Hosemann said a $8,985.13 federal tax lien is still on the properties, which will have to be paid by the purchaser.

Under the order, potential bidders will have up to 30 days to inspect the properties and submit a sealed bid from the date of publication of the notice of sale. Interested parties are asked to submit bids to the Secretary of State’s Office; Attn: Dave Scott; 700 North Street; Jackson, Miss., 39205. The sealed bids will be opened and recommendations will be submitted to Judge Hatcher for approval.

Hosemann noted that any amount received above the amount of federal tax liens will be deposited in that cemetery’s perpetual care fund.

“The state will receive no funds from this,” he said.

Hosemann noted that the new cemetery owners, under state law, will be required to trust 85 percent of all pre-need sales for vaults, memorial markers, and grave opening/closing services unless funded with insurance. Additionally, 15 percent must be maintained in a separate perpetual care trust on all sales of grave spaces to ensure the long term care and maintenance of the cemetery grounds.

Hosemann said the entire situation has been a “tragic story.”

“Literally thousands of Mississippians have lost money so there’s no good conclusion to this,” he said. “It’s just a conclusion. It’s taken us almost a year to get all of the cemetery records straight.”

Hosemann said Phillip Wedgeworth, who he named overseer of the Laurel cemetery, has done a “tremendous job.”

“He’s taken on a great task,” Hosemann said. “Complements to him for the time he has spent way and above any compensation. He’s been a gift to the people of Laurel.”

Hosemann said being able to sell the properties is a positive step forward.

“It reflects a lot of effort on our behalf and Mr. Wedgeworth,” he said. “We also received assistance from the Attorney General’s Office. It was a terrible mess when we started and just a very daunting task.

“The records were a mess and all the money was gone,” Hosemann added. “The cemetery was in disrepair and there was over $500,000 in liens against it. We’re very hopeful that we’ll find an upstanding individual or company to take it over and run it as it should have been run all these years.”

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