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ABC Special Report
Investigation: New Home Heartbreak
Trump - NAHB Homebuilders Shoddy Construction and Forced Arbitration
Latest News
Buy a New Home- Don’t Sue and Shut Up
Saturday, 15 January 2005

Outrageous! Buy a New Home - Don’t Sue and Shut U
Homebuilders will stop at nothing – Now Buyers must agree not to Speak

Goff Homes Arbitration Clause - Beware of New Builder Clause – Homebuilder requires that homebuyers sign an Arbitration Agreement at closing causing them to give up their 1st and 7th constitutional rights. For the homebuyer it’s a decision between constitutional rights and the American Dream.
                                 

                                                   Imagine keeping this backyard event a secret
                Goff Homes has changed its name to National Homes
Buyers must agree not to: FILE ANY PROTEST, GRIEVANCE, OR COMPLAINT… INCLUDING THE BETTER BUSINESS BUREAU OR ANY MEDIA ENTITY, TELEVISION OR OTHERWISE… AGREES THAT NO SIGN OR BILLBOARD OR WRITING OR CHART OR DRAWING CONCERNING THE CONDITION OF THE HOME AND/OR PROPERTY SHALL BE ERECTED OR PLACED IN SUCH A WAY THAT IS VISIBLE TO PERSONS PASSING BY THE PROPERTY…
and much more.

Also contained in the contract is a biased arbitration provision that specifies the use Construction Arbitration Services (CAS) . If that isn’t enough, the final clause in the agreement could cost homeowners their home – “A SUM EQUAL TO THE PURCHASE PRICE, OF THE HOME,” if the owner appeals the arbitrators’ decision to the appellate courts.

See related HOBB article:
Public Citizens News Release September 01, 2004
CAS Arbitration Investigated – Recently an investigative report by Public Citizen helped launch numerous state investigations – The Public Citizens report points to Home Buyers Warranty (HBW) and their specified arbitrator (CAS) as having close ties, which could lead to a biased mandatory arbitration process that shields “homebuilders from liability for construction defects.” Public Citizen call for investigation of HBW and CAS.

Read more...
 
Builders Warranty and Standards Hammered
Tuesday, 11 January 2005
Express-News
Building rules are hammered
Jason Gallas, co-owner of Tri-Built Custom Homes and a builder for 21 years, is not impressed with the Texas Residential Construction Commission's work… Gallas notes the standards discuss maximum width for foundation cracks but make no mention of the type of steel that should be used or the strength of the concrete needed for each soil type… On the suggestion of San Antonio home inspector Mark Eberwine, for instance, the commission changed language that would have allowed chimneys to separate from walls by up to 11/2 inches and masonry walls to bow by up to 21/2 inches. But Eberwine said the new 1-inch tolerance still is too much… "This document is more of a pre-emptive strike on complaining homeowners than it is a warranty," Eberwine said.
Read more...
 
No Surprises –Texas Residential Construction Commission has no power to enforce its findings.
Thursday, 06 January 2005

A whole lot of talk yields little action
Homeowners wish mediation agency could force repairs
MINDY Brooks just wants her house fixed. Shoddy construction left her Fort Worth home with a laundry list of problems… The commission's inspector found more than a dozen defects. But the commission had no power to enforce its findings, leaving Brooks feeling helpless.

Read more...
 
Senate Committee: Binding Arbitration Recommendations
Tuesday, 04 January 2005

Texas Senate Committee on Jurisprudence

Specifically, the Committee shall make recommendations to improve and ensure the efficiency, effectiveness, and fairness of arbitrators and arbitrations.

The Legislature should enact legislation requiring any business that includes a mandatory pre-dispute arbitration clause in their contracts to provide their consumers with certain upfront information. The information provided to the consumer shall specify which rights are being waived, who will arbitrate the dispute, who will cover the costs of arbitration, whether rules of discovery will be followed, what laws are applicable, what information will be public...
Read more...
 
Contractor Scam: Woman and dying husband victimized
Sunday, 02 January 2005

Contractor Scam: Woman Still Waiting on Dream Home
You do your research and check him out, but he still takes your money and runs…after giving him $14,000 for materials, she says he disappeared...

Read more...
 
Homebuilder Perry, Contributions & Tort Reform to Limit Liability
Wednesday, 29 December 2004

Perry’s gifts get noticed
Houston builder donated $9 million to Republicans in 2004 elections
As the largest political donor in Texas elections, Houston home builder Bob Perry and the pro-business measures he advocates get noticed in Austin. After he pumped $3.8 million into the 2002 Texas elections, the Legislature approved several policy proposals that Perry supported…President Bush is trying to breathe new life into what his supporters call tort reform - limits on damage awards in lawsuits. Perry has promoted the issue.

Read more...
 
Dallas Morning News -TBYR in the news again
Monday, 27 December 2004

Letters: Let's build higher standards
Can't stop now
By Carol Becka
Frisco residents fully understand that if nothing is done "now" …to provide protection from home builders' careless and inferior construction of new homes, all Frisco residents will ultimately pay the price in lost property values and increased taxes to subsidize the city for lost revenue from devalued homes...

Whom do you believe?
By Andrew Ellender
Home buyers expect the truth from home builders. We certainly did… Who would oppose a new-home disclosure besides someone who wants to hide the truth? I believe an informed consent requirement would be a welcome addition in any city… Bonding also makes sense for the home building industry… Dr. Becka does not want what happened to his family and others, like mine, to happen to anyone else…

Read more...
 
N.C. Home Builder Gets More Than Four Years For Fraud
Thursday, 16 December 2004

CHARLOTTE, N.C. -- 
A well-known builder of luxury homes in Charlotte has been sentenced to more than four years in prison for defrauding banks and launderingmoney.

Builder Fraud
Related Article: The Charlotte Observer
Fallout from several cases of mortgage fraud
Property valuations drop, losses on loans and convictions mount 
The FBI says mortgage fraud has been on the rise nationally the past three years. In Washington, concerns over mortgage fraud prompted the Federal Housing Administration this year to stop insuring loans on homes that have been resold within 90 days. Charlotte Observer

Read more...
 
Dallas Morning News Opinion by Janet Ahmad
Saturday, 11 December 2004

Do homeowners have a chance when they take on their builders?
No – Builders control the system and residents pay -- Remember, homebuilders are not licensed in Texas . In fact, unlike any other profession, knowledge seems to be optional. There is no requirement to show proof of professional building skills, knowledge of current building codes or to show any historical proof of financial responsibility or proof of a current bank account.

Read more...
 
Dallas Morning News: Dr. David Becka Guest Commentary
Wednesday, 08 December 2004
David Becka: Looking for protection

As the leader of Take Back Your Rights, the group that led the drive for an election on building controls, I'd like to respond to – and correct – a misconception... Builders should look upon this as nothing more than extra insurance and the cost of doing business in Frisco, a city whose residents care so deeply about quality home construction that they called for an election to ensure construction excellence.

Read more...
 
Buy a Home and Shut Up
Sunday, 05 December 2004
Mercedes Homes
Fine Print Has Homeowners Scared To Discuss Damage

Buy a Home and Shut Up – Contact us immediately if you find you have a Builder Shut up Clause

Attention: New Homeowners check you contract and subdivision covenants to see if you have unknowingly given up you Constitutional to Rights to Speak

 Florida and Texas Builders – KB, Drees, Centex, Mercedes Homes and other builders are increasingly are using Bullying Tactic to silence Free Speech.  Have Homebuilders gone too far...they have no shame when it comes to their intent to defraud homebuyers. 

Read more...
 
Catching up on the Florida Corruption News
Friday, 03 December 2004
GUILTY -- TAMPA PUBLIC OFFICIAL CONVICTED!!!
St Petersburg Times Staff Writer

LaBrake, wife, guilty on all counts

Steve LaBrake, former Tampa housing chief, and his wife Lynne, have been found guilty as charged of taking a series of bribes and gratuities to build a 4,200-square-foot home and, in turn, steering millions of dollars in U.S. HUD contracts.

Read more...
 
Catching up on New Jersey Corruption News
Friday, 03 December 2004

Fired....Building official is accused of approving work on sites he owns.  Chief inspector, William Strohmeyer and another inspector John Tamburrinni also inspected the infamous Crosby's house in Branchberg, which has been the subject of newspapers reports for several years. See Crosby House news accounts in HOBB archives 
Building official in Bridgewater under fire                                                                           By PETER N. SPENCER Staff Writer
Published in the Courier News on November 21, 2004                                                        BRIDGEWATER -- The New Jersey Department of Community Affairs is moving to revoke the license of Bridgewater's chief code enforcement officer for allegedly approving construction projects on three township properties he owns.

Read more...
 
No Binding Arbitration Allowed
Thursday, 02 December 2004

FANNIE MAE NO LONGER INVESTING IN MORTGAGES CONTAINING MANDATORY ARBITRATION CLAUSES
FANNIE MAE NO longer invests or accepts delivery of residential mortgage loan products that contain mandatory arbitration clauses.  According to Fannie Mae Announcement 04-06, Fannie Mae issued, among other things, new instructions to lenders outlining the policies for purchasing and accepting residential mortgage loans. Specifically, the instructions included a prohibition against purchasing or accepting delivery of residential mortgage loans containing mandatory arbitration clauses. A limited exception exists, permitting the use of mandatory arbitration provisions in mortgages that contain a waiver provision. The waiver provision shall provide that if the loan is sold or an interest in the mortgage loan is transferred to Fannie Mae, the mandatory arbitration clause becomes null and void.

Read more...
 
Words from the past and present…
Tuesday, 23 November 2004

He will cheat without scruples who can cheat without fear.
                                                          Benjamin Franklin

What gives a builder the incentive to build a home that is lasting, when he has no fear of being held accountable for cheating.                Author Unknown   

 
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and JOSHUA ROSNER

Outsized Ambition, Greed and
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ARIZONA REGISTRAR OF CONTRACTORS
Have you seen any of these individuals

 Feature: Mother Jones Magazine
Are you Next?
People Magazine - Jordan Fogal fights back
Because of construction defects Jordan’s Tremont Home is uninhabitable
http://www.tremonthomehorrors.com/
You could be the next victim
Interview with Award Winning Author Jordan Fogal

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Big Money and Shoddy Construction:Texas Home Buyers Left Out in the Cold
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