Friday, September 02, 2005 - PEPPERELL -- Mold house victim Nancy Davis is getting her day in court -- or at least some of it -- at U.S. Bankruptcy Court, New Hampshire District, on Friday, Sept. 2 in a five-minute hearing before Judge Mark W. Vaughn that might keep the former owner of her mold-infested former 20A Shawnee Road residence viable in her multi-person lawsuit that includes him.

Davis said she received notification from the court on Aug. 30 that Michael P. Burke, of Merrimack, N.H., from whom she bought the property two and a half years ago, had sought the bankruptcy hearing and had listed her as a creditor.

She said Burke had named all the people in her own lawsuit that includes both Realtors and the home inspector involved in her purchase of the Shawnee Road duplex. She said he claims he could be liable for as much a $3 million in damages.

Burke could not be reached for comment.

Davis guessed she and/or her attorney, Robert Doyle, of Steinberg and Doyle of Boston, must make an appearance in the Manchester court and said she is allowed five minutes before the judge.

"Bob [Doyle] will respond to the fraud issue, which might keep [Burke] in the suit," she said. "If he goes bankrupt we can't touch him.

"Are you supposed to be able to go bankrupt because of an [impending] suit?" she asked.

Davis became ill with multiple forms of asthma, she said. The family left all their belongings in the house and destroyed both their cars due to mold growth.

With help from volunteers in the community, Davis, her husband, Richard, and their autistic son relocated to a Herget Drive apartment. She and her husband lost their jobs, stopped paying their mortgage and went bankrupt.

The Davises have sued Burke, both Realtors and the inspector involved in their original purchase to recover the interest and fees they amassed as well as their medical bills and damages for job loss when they left their home. The case has been sent to Cambridge Superior Court but has not yet been heard.

"The fact that we haven't had our day in court yet is beyond me," Nancy Davis said. "We filed the suit in May or June 2003."

In the meantime, the Shawnee Road house was sold in April for $136,500 after three failed auction attempts and after the mortgagor had excused the Davises' $234,000 note and boarded the house up.

Nancy Davis, now an unemployed mold activist, approached the Board of Health (BOH) in late July to ask -- for a second time -- if the duplex could be condemned.

The first time, the BOH indicated it was helpless because she no longer owned the property. After the July meeting, in which Davis provided documentation concerning indoor air mold and biotoxins, the BOH contacted the Building Department regarding the property.

In a letter to Davis dated Aug. 22, the BOH wrote that the Building Department has "heard from the current owner on possible demolition of the house."

Building inspector Kenneth West told the press in August that his focus is to ensure state law is followed in any future disposition of the property.

Davis said she had spoken with assistant building inspector Rudolph Schultz who reiterated what West said and indicated the property might be demolished in the proper manner.

"I'm not coming in here to be adversarial," Davis said she told Schultz. "I'm coming in here to tell you what I know. I explained Massachusetts goes by New York guidelines regarding mold. They [the Building Department] seemed genuinely concerned."

As for the bankruptcy hearing in New Hampshire, Davis said, "The moral issue speaks for itself I think. I can't believe after all we've been through there's a potential for him to get away with this.

"The good news is Rick got a job," she added, laughing and coughing at the same time. "It's with the furniture refinishing company that helped us empty our house. He had taken that up as a hobby."

http://www.pepperellfreepress.com/cda/article/print/0,1674,109%257E5517%257E3037694,00.html