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ABC Special Report
Investigation: New Home Heartbreak
Trump - NAHB Homebuilders Shoddy Construction and Forced Arbitration

Property Rights Denied!
Protecting HOA Members' Rights is NOT The #1 Priority
of Managed Communities
The High Price of Managed Living, Books and Records Hidden
gives appearances of impropriety
Editorial Feature: Part One - Are Homeowners' Rights a Myth? 

Part Two: HOA Bureaucrats Overstep Their Authority

LATEST NEWS
UPDATE: HOUSTON PRESS CONFERENCE
Thursday, 16 June 2005

 Lemons, a Sweet Victory for Homeowner 
June 15, 2005 

It was a sweet twist of lemon for the 27-year-old Heather Michelson who was smiling after she and the Builder/Homeowners Assoc. signed an agreement in Judge Block's Courtroom.  "I am very happy," said Michelson.  Supporters and legislative representatives showed up for a HomeOwners for Better Building press conference at the Harris Country Courthouse where Heather Michelson representing herself was victorious. "The builder agreed to wave all attorney fees and court cost if I agreed not to paint anymore lemons on the windows of my condo.  Now I can concentrate on the loss of my condo and the fraud that was involved when I bought it," said Michelson.

Read more...
 
Victory for Lemons & Homeowner
Thursday, 16 June 2005

Angry resident paints giant lemons on her condo's windows in protest
— A homeowner has found an unusual way to speak out against her homebuilder...Heather Michelson headed to court over large yellow lemons painted on the window of her quarter million dollar Montrose condo. It was art -- and a statement. "The only voice I had," she said. "I put lemons up and I moved out." ... "I had bloody noses at night, nauseous, dementia," recalled Michelson. "I was fatigued. I'd sleep for 18 hours a day." The symptoms, she says, disappeared when she moved out... Janet Ahmad with Homeowners for Better Building explained, "Anyone can be a builder in Texas. But only in Texas are the home builders unregulated and the buyer is regulated."

Read more...
 
Heather Michelson discloses loan fraud by Tremont
Monday, 13 June 2005
Read more...
 
In Nevada Speak Up – Tell Officials
Friday, 03 June 2005

In Nevada - NV State Contractors Board online  - If a builders license is revoked and the problem is not fixed, the homeowner can make a claim under the residential recovery fund.  The fund will pay the homeowner their actual damages to get the problem fixed.  The fund can pay up to $35,000 per homeowner. But the resident could still choose to sue.

 
Nevada - 1,400 Homeowners Sue Del Webb
Friday, 03 June 2005
Nevada's Largest Construction Defect Lawsuit
The largest construction defect lawsuit in the State of Nevada is pitting hundreds of homeowners against a well-known developer.  Residents of Sun City Summerlin are suing the neighborhood's developer -- Del Webb -- claiming it failed to install metal strips that protect a home's foundation against water damage. It is this community in Summerlin where frustration and concern among homeowners is common. They say a small 5-inch piece of metal called a "weepscreed" was not put in place by Del Webb when these homes were built. Weepscreeds help keep moisture out of dry wall paneling. And now more than 1,400 homeowners have filed a lawsuit.
Read more...
 
Nevada means business, help homowners and prosecute builders
Friday, 03 June 2005
Home Defects: Know What You Should Do
The Nevada State Contractors Board receives about 4,000 complaints a year in the valley.
Contractor charged: A fraudulent unlicensed contractor has pleaded guilty to 44 felony charges. Frank Boyd Hall of the Las Vegas based Curtis Construction Company is charged with obtaining money under false pretenses, diversion of funds and theft. Hall filed a plea agreement, which states that he'll pay back all his victims, sign a civil confession of judgment and will not work in the contracting business again.
Read more...
 
DEPARTMENT OF JUSTICE - FBI MORTGAGE FRAUD REPORT
Sunday, 29 May 2005

Report Mortgage Fraud: WWW.NAMB.org
FINANCIAL CRIMES REPORT TO THE PUBLIC
                              
 
                    MORTGAGE FRAUD - MAY 2005
The increased reliance by both financial institutions and non-financial institution lenders on third-party brokers has created opportunities for organized fraud groups, particularly where mortgage industry professionals are involved.

Read more...
 
Houston Chronicle - TRCC & Bob Perry Homes
Saturday, 28 May 2005

No place like home for this cuddly Austin lapdog
THE Texas Legislature, over the years, has created a number of industry lapdogs, but the Texas Residential Construction Commission, established two years ago, could be one of the cuddliest yet... 
A few senators tried to take some of the wag out of its homebuilder-friendly tail last week but failed. Even though some political contributions have sparked legal turmoil, money still talks in Austin, and with a very loud voice... Homeowners now have to go through an expensive, commission-run dispute resolution process before pursuing any legal action over construction complaints. This is more bureaucratic and potentially more intimidating than the mandatory arbitration process that most builders already required in new home contracts.

Read more...
 
Another dream home turns into Nightmare
Friday, 27 May 2005

The Kimmler House of Ohio 
It all started with a dream and a desire to build something that would last and remain in the family for years to come, but alas it has only been a nightmare. In approximately October of 2000, my husband purchased the 5-acre, lakefront, cattle field and envisioned a Tuscan farmhouse with a view.

Read more...
 
No State Agency to regulate builders like Robert Tidwell
Thursday, 26 May 2005
Chorus of complaints against builder grows
The list of complaints against a Kaufman homebuilder profiled in a recent News 8 investigation grows, but the individuals making those complaints aren't getting help from state regulators or law enforcement officials. When News 8 talked to homebuilder Robert Tidwell earlier this month, we had no idea how many people were mad at him. See WFAA Video: Byron Harris reports - See related story: The Partington's
- Video: Byron Harris reports
Read more...
 
Express News - Duncan grilled TRCC's Krugh
Friday, 20 May 2005

Perry’s picks for TRCC are Targeted
At a Monday hearing, Sen. Robert Duncan, R-Lubbock, took issue with the commissioners’ work since they first assembled in December 2003.
He said registered builders undergo almost no scrutiny, yet the general public thinks state registration is “giving them a badge, they have some sort of elevated credibility.”  
Duncan criticized Krugh for opposing portions of a bill Duncan authored that would address some of the problems he believes exist in the process. He grilled Krugh for lobbying against a provision to provide notice to homebuyers where the only inspector is the one provided by the homebuilder.

Read more...
 
Senator Duncan..."by the builder, for the builder"
Friday, 20 May 2005
Star-Telegram
D
oor slams shut on
bills to protect homeowners
And consumer groups apparently have found a new ally: state Sen. Robert Duncan, R-Lubbock, who introduced the bill two years ago that created the commission. Duncan says he now wonders whether the commission is operated "by the builder, for the builder." "It appeared to be to the public a regulatory body," he told fellow lawmakers at a hearing Monday in Austin. But in fact, he said, "The people that are being regulated by the act are the consumers, to a certain degree, as opposed to the builders."
Read more...
 
Public Citizen - Locked out of courthouse
Thursday, 12 May 2005

Business-Backed Class Action Bill Locks Consumers Out of Court
Statement by Public Citizen President Joan Claybrook
This week, the Senate will debate one of the most unfair, anti-consumer bills that we’ve seen in years. This business-backed class action legislation (S. 5) will lock millions of consumers out of the courthouse. Business interests have spent tens of millions of dollars to pass it to avoid public accountability for fraud and deceptive practices.

Read more...
 
Appraisal Fraud
Tuesday, 10 May 2005
Home Appraisers Under The Gun
No one knows exactly how often appraisers tinker with reality. But reports suggest that they face enormous pressure to tweak their numbers. Some observers predict they'll face even more if the real estate market cools.
Read more...
 
New Jersey begins sweeping changes for builder regulation
Tuesday, 10 May 2005
Governor orders ethics code for state's building inspectors
Reacting to a damning state report on shoddy new construction, acting Gov. Richard J. Codey yesterday ordered up a new ethics code for building inspectors and a push to advise homeowners of their rights. The SCI investigation found the program -- one of the nation's first -- riddled with problems. Buyers testified that they were strung along by builders until warranties expired and that arbitration tended to favor builders. It is unclear when the Legislature might act on more sweeping recommendations, such as the lemon law requiring builders to buy back defective homes, regulating some building trades not now licensed and bringing new housing under the Consumer Fraud Act, which would make builders liable for triple damages.
Read more...
 
New Home Buyers no better off
Monday, 09 May 2005
Home builders resist reconstructing rookie agency
Buyers no better off in resolving disputes, say proponents of strengthening regulator this session
The fledgling Texas Residential Construction Commission was created two years ago to provide new performance standards for builders and a formal dispute resolution process between buyers and builders. A remodeling of the commission is necessary, some consumer advocacy groups say, because it was created solely with the interests of home builders in mind, leaving buyers worse off than before. The law establishing the agency was written by the lawyer for Houston home builder Bob Perry, who gives more Republican campaign contributions than anyone else in Texas. "Builders don't have to do anything differently than before the commission was created," said Janet Ahmad, president of the consumer advocacy group HomeOwners for Better Building. "This is pushing people to lawsuits; that's what the problem is." The current dispute resolution process has no teeth, Ahmad said, because it doesn't require the builder to settle with the buyer if the commission finds in favor of the homeowner.
Read more...
 
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