Elizabeth Newman
Dallas,#2REBUTTAL Owner of company
Wed, December 15, 2010
This is simply two men who were unable to close on their home who could not afford the home they tried to build.
I should not have allowed this, that is my fault. These were buyers who I had built for before. They were in a house that was a $400K house and they were trying to build a $1.4Million house. They were approved for $900k and they found a lot they wanted to build on that had issues to deal with which caused a 6 month delay (hence the length of time to build). Then the extra 6 months I gave them after completion to try and recapture a lender after they lost their lender because they ran up their credit during construction buying things to put in the house. They also liquidated a bunch of stock to put things in the house as well which was part of what got them their loan approval.
These guys were given so much leeway by me and I fault myself for that. I gave them the lattitude to put things in the house instead of making it go through the company. If that number one rule had been followed then these issues probably could have been avoided. First the lot had a sewer main running diagonally across it which was not shown on the city plat and was not discovered until the water company came in to tie in the sewer which caused us to move the foundation form boards and wait for the water company and city to work out the sewer main issues and replat for that. There was also a replat of the property because there was an additional 4' of property which was never replatted at the county which took another 90 days to get replatted before we could move forward. So there is 6 months of that 2.5 years they noted. Lets also add the 6 months I gave them in the end to try to get a new lender since their original lender turned them down. So there is a year we lost. All along ENCH was carrying the interest on the construction loan. So I think it was my check book he smelled burning, not his.
His contract clearly stated that any money spent that goes into the house becomes part of the house until the house is closed on. If he put those items into the house and then couldn't close on it, then it became a part of the house. He signed that contract and therefore, that money is gone. The only money he contracturaly could receive back would be earnest money. But then he moved into the house with out our knowledge while we waited for loan approval. After 6 months, I couldn't carry the note anymore and the bank foreclosed. In the meantime they broke into the house and caused damage to the house to steal a $10,000 fish tank and other things. They hired a Mexican guy with a bull dozer to steal two 4' tall marble lions that were placed beside the pool by the pool company. A realtor happened to be there showing the house and caught the guy on tape and called the police. The Mexican guy told the police that he was asked by Harvey Sanders and Kevin Cobb (buyers) to take them to their house.
As far as the liens go, yes there were many liens and let not forget the repossession too. He hired a fence guy he knew that he thought he could get it cheaper than from my guy. So when the fence guy didn't get paid he came back and took back the fence (after foreclosure by the bank). The other liens were from some of the other subcontractors he hired that were friends of his that were paid a deposit by Harvey and Kevin but never paid the balance. So they filed liens on the property. (My property). What did they care right?
We and the bank wanted them to get this house. We did everything possible. This house was not one for the open market. It was a very unique house, not one for a normal family. It had urinals in every bathroom, the family room was raised 4 steps up off the main 1st floor which was really weird looking and the utility room, study and balcony were off the master bathroom. It was not a famiy type house, so no one wanted to get stuck with it. It was going to be very hard to sell. Plus the color selections in the house were very strange and would take a unique buyer or require a lot of changes for an average buyer.
Lastly, lets just visit that lying and scheming, dishonest claim against me. Not only did I give them over $100,000 in free upgrades in this house, but I took $125,000 of my own 401K to help them get that house closed because I was so sure they would be able to close because of their assurances. Knowing that I could get that money back in the 401K by the penalty date. Well, that never happened, so I lost that money and paid the penalty on my taxes.
I've lost ENCH due to the home building business and real estate market being what it is now, but I wanted to set the record straight. I have many, many other clients who would have quite a different story, but felt it necessary I at least state the truth.