JORDAN FOGAL

Author & Consumer Advocate

Arbitration covers for bad builders Tremont Homes builds for you again and yet again!


When you buy your Tremont Home ... realize that in your earnest money contract you are giving away your right to sue your builder. If you do not find everything wrong with the subject property,( all of the defects during your walk though) ... you are screwed. You will need more than an average inspection to catch them. They do not disclose defects, water intrusion, mold or faulty roofs. They do however do a great job of hiding them. They seem to have contempt for their own buyers. You will need an air quality test, moisture tests, an engineering and architectural report. It may cost you a little more up front, but maybe it will keep you from being homeless in less than two years with a 30 year mortgage.


Tremont and Stature Construction have been thrown out of the Better Business Bureau and used as the BBB's poster child for bad business: As Tremont/Stature Construction. Be sure you find out who is actually building the Tremont house no matter what their signs say.

These homes have the eye candy to entice you.
But we have houses with eye candy...and thirty year mortgages than didn't last two years. Some have been empty for two or three years. No one will buy them and they sit growing mold and deteriorating.

These men built Hyde Park Crescent and admit in their own sworn testimony they knew all 44 houses were defective when they sold them. They also knew these homes had toxic mold. but do not consider that a problem.

They had many decks needing complete repair, leaks and other problems on their Knox Street development.

Thomas Thibodeau and Jorge Casimiro and Armad Al Bana were the general partners that bought you the 3 year old uninhabited Tremont Tower on Yupon and Westheimer. Drive by that fiasco, please.

They were fired building the police station in Bunker Hill after the job was 7 months behind and had $120,000 dollars worth of mold remediation.

They were not allowed to register, yet another company with the TRCC because of the problems, complaints and the fact that the head of their legal department and warranty division was a convicted felon.

They have new projects all over town including. Memorial Park Village 11, Sheller Street, 77007, This new projects is just laying in wait for you in presale.

Jorge Casimiro remains on the Harris County Housing Authority: even though he is being sued by many in Hyde Park Crescent and other developments. These builders have on going cases in court and in AAA arbitration.

Please check them out on the Internet under HOBB, Homeowners for Better Building and HADD, Homebuyers against Defective Dwelling: Both are national organizations that try to warn consumers. These builders can also be can be read about under Tort reform, Ralph Nader's web sight. Or Google my name Jordan Fogal.

Ask your Tremont salesman if Tremont houses are of such excellent quality ... and built by such sterling individuals, why they need to be protected from responsibility by arbitration clauses? Ask them if they believe in their product will they sell you a home without one?

This group of individuals made." Contractors from Hell," in people magazine and were the subject of a seven page expose in "Mother Jones Magazine." Hopefully this information will assist you in making a more informed decision.

"He will cheat without scruples, who can cheat without fear."
Thomas Jefferson


Tremont Homes

Arbitration and bad building's effects on foreclosure rates Fear Factor Foreclosure.....

the rest of the story.
Are you sure your new home is protected? Are you sure your family, will not join the growing ranks of the homeless? Are you sure you understand arbitration and tort reform? Are you sure that the American Arbitration Association, hasn't stealthily already entered every phase of your life? Do you think you still have the right to a trial by a jury? Do you still think you can sue anyone who wrongs you? Do you still think frivolous lawsuits are those that happen to other people? Do you tire hearing any more about big business flagrantly squashing your rights? Do your eyes glaze over and your mind shut down when you hear all these things? Are you bored by this rhetoric? Is it all just to complicated for you to understand? I understand.

But, please read on. Because you have been majority deluded, confused and overwhelmed ... just so these things will slip right by unnoticed.

If you have a new home, new car, a car lease, a Visa, Master Card, American Express, Discover card, bank account, a cell phone, a storage room, electricity or even an exterminator. YOU have given up your seventh Amendment rights. You have given up your seventh amendment rights, you cannot sue any of these people. Sounds crazy doesn't it? Well, call any of them and ask if you have an arbitration clause in your contract with them ... because you do.


We are bombard daily, with harassing telemarketers, a mailbox full of trash offers and clutter ... our bills are stuffed with slick adds and offers. We don't have time to read all this junk..... And there in lies the problem. Big Business knows you don't. We are the new hurried, fast food, drive by cleaners generation, the multi taskers.... with more on our plates than we can handle. So big business has used your over burdened life style to their distinct advantage. You are screwed. Those little offers or things you think are privacy propaganda, in your bills, they aren't, they say "if you continue to use our services and do not pay off your account immediately you are now accepted the following terms.....You have now accepted arbitration ... and you didn't even read it.


Not one person in this country, is not bound by an arbitration clause and the shocking part of it ... most don't even know it. But you will, when you become one of the enlightened and destroyed. And believe me you do not want to be.

Ignorance is bliss ... and you can remain blissfully unaware of the dangers lurking, that threaten you, your family, your home and your livelihood. But when it hits you, it will be, a rude awakening ... like a two by four right between the eyes. AM I am trying to scare you? You bet I am. Because many of us do not have the time to watch fear factor, we live it daily. And, you may have just signed on for a guest appearance.

Take your home for instance. You made your down payment. You make your payments on time, you paid your property tax, you have homeowners insurance. Your investment is safe. You are living the American dream. Not so Kimosabie. You have rolled the dice with your future, put all your money on the pass line, and you weren't even aware you were gambling.

Example: You have a lovely new home, all decorated, a manicured lawn, a place for your stuff, and somewhere to come home to. But what happens if you start having problems with that new house? You just call your builder for repairs right? What if he doesn't answer your phone calls, faxes, or emails. What if the problem continues to worsen ... as you try to get him to live up to his moral, and ethical responsibilities. You say well I have a contract. And you do.

Now..... you will take the time to read, all that raft of papers that were shoved at you at closing. Uh oh...earnest money contract, arbitration clause. Closing papers arbitration clause...warranty papers arbitration clause.

Your foundation is cracking, your walls have lines that weren't there before, the carpet is damp and your house is taking on a musty smell. Your children begin to be ill and Fido's' hair falls out. What are you going to do? Your wife is frantic. She is calling neighbors, many experiencing the same sort of problems. Many do not want to admit it and "patch up and dump." Some will get by with it, until the new owner sues them. Yes, the new owner can sue you, just can't sue your big builder. Big business, little business that is how tort reform works.

And yes, you all paid to have your house inspected and had a realtor and you called them all. You can start at the governor's office and they will refer you into a vortex of time-consuming, catch 22's that will make you crazy. You will end up lastly at the Heath department. They can try to help you find temporary housing ... soon, or maybe later....if you qualify and of course fill out the paper work.

You have now filled out paper work for every agency in the state. You stay up all night filling out this waste of time. Then bleary eyed drag yourself to your day job. No one understands. They think you are a real putz and offer you their lawyer's phone number...thinking you just are not smart enough to handle your own affairs. Little do they know...yet.

They think they are not in any danger...and that you just do not understand how to hand these things.

You call you insurance company...you know that agency that has you safe in their out stretched hands. That agency you pay those hefty premiums to each month. Guess what, substandard construction and builder defects are not covered items.

You are on the phone with your lawyer, he has looked over your papers, and informs you, YOU cannot sue your builder, you have signed an arbitration clause.

You say, well lets arbitrate ... it is faster and cheaper and my house is deteriorating as we speak, my investment is being destroyed. He really doesn't want the case, but will take it for a substantial upfront fee. He knows neither of you are going to be happy with the outcome, so he gets his upfront. Many of these legal eagles also have arbitration clauses in their own contracts. The contract you must sign to have legal representation. And you have to have a lawyer no matter what AAA arbitration tells you.

Your shower falls out. Black puffy balls are growing out of your carpet. Your windows are leaking, your hardwoods have begun to buckle, the children are sick, their eyes are all red, they have constant sore throats, you are having migraines you think from all the stress, your wife is crying, and her nose is bleeding ...and your cat just died. ( Am I Exaggerating ... No unfortunately, I am not.) I am just reliving part of what happened in our neighborhood, compliments of our greedy, unethical, unscrupulous builder. He sold us our homes after filing a lawsuit against the roofer and subcontractors with no disclosure. Yes, I said, he sued ... the big boys still have the right to sue, this only applies to you and me, the little guys.

Arbitration is great protection for the mass builder. First, most of you can't afford it and second if you can roll out 30 to 100,000 dollars it is still an unfair playing field. The builders team of high priced, sleazy prostitutes can make chopped liver of you in short order. They do this for a living. In our case, one of the builders' law partners, was/is also a AAA arbitrator. You want him to rule on your case?

Why didn't you repair your own house?

First you didn't think that was your responsibility, it was the builders. Second you had no idea the amount of damage and third, when you found out how many thousands of dollars it would cost ... you couldn't afford it.

You hadn't planned on the down payment, the new drapes, the new lawn mower and then repairs? TO A BRAND NEW HOUSE! Did you figure an extra 20 to 150 thousand for that in your budget? Like us, you probably bought a new home so repairs would not be an issue.

Well, guess what else you can't afford? You can't afford arbitration. Nobody tells you what it costs. The American Arbitration Association will not even give you a total cost, but if you can't afford it ... they will be more than happy to send you a form that authorizes them to just charge all their monstrous fees as they occur, on to your credit cards. How ever many it takes. Do I have you attention now? Do you think you have entered the twilight zone. Well, welcome to our world.

Homeless in Houston

Jordan Fogal Please Google my name for more information or check out HADD.org or HOBB.org, or tort deform

3003 Memorial Court #2407 Houston Texas 77007

713-802-9727

More of my builders incompetence.

This says it all message dated 12/10/2006 10:12:00 PM Central Standard Time, jfogal281 writes:
Real Estate Auction
SALE ID 5694-23

3311 YUPON ST APT 419
Houston, TX 77006
N of Hermann Park. 1BR 1BA 1,025sf+\- condo. Built 2003. Tremont Tower subdivision.
Sells: 11:30am Fri, Dec 15th
Inspection: 1-4pm Sun. Dec. 3rd & 10th and 2 hrs prior to sale.
Opening bid: $50,000
Williams & Williams and the Seller expressly disclaim any liability for errors, omissions or changes regarding any information provided for these sales. [SIZE=4]Potential purchasers are strongly urged to rely solely upon their own inspections and opinions in preparing to purchase property and are expressly advised to not rely on any representations made by the seller [/size] or their agents.

jfogal281@aol.com wrote:
In a message dated 12/10/2006 8:35:44 PM Central Standard Time, jfogal281 writes:

Look at the appraisals on these properties still with the appraisal district and the listings with realtors and then look at this opening bid.$50,000.....just a bit of a discrepancy. This unit is appraised at $316,000. Something is terrible wrong? I though an appraised value was what something was worth or it's value..what it would sell for?
The strange, orange, structure, Tremont Tower, and its 76, almost empty units silently stand ... waiting for it's next humiliation. It is now up for auction, the finally indignity. After three years of problems, it is as if it has finally given up. Sadly, it was not the building's fault. And there is enough blame to go around. The General Partners: Tom Thibodeau, Jorge Casimiro and Armad Al Bana continue to prove their incompetence, while bragging of their 67 years of combined expertise,

You need go no further than three blocks, to see another of their fiasco's.
Hyde Park Crescent the upscale, luxury town houses starting at a mere $350,000 thousand. Thirty-seven of these 44 homes are defective. This has been testified too by Mr. Casimiro and Mr. Thibodeau in sworn statements, where they sued the roofer and subcontractors. Admitting in hardcopy and on video, not only were units defective ... but they knew it and sold them with no disclosure.

Mr. Casimiro goes on to state the 37 units had defective roofs, that lead to water intrusion into the electrical systems, the walls, ruined studs, plumbing, floorings, both hardwood and carpet. Auctions were a common occurrence there too ... along with monumental repairs... paid for by the homeowners, bankruptcies and foreclosures. Some still stand empty, some have for over two years. There are scores of families tied up in court battles and others hung out to dry by the arbitration clauses stuck in the new home contracts.

The same group was fired by the city of Bunkerhill after they were 7 months behind on the police station and had $120,000 dollars worth of mold damage. Houston Chronicle (2/14/02 Kim Canon)

They have been thrown out of the better business bureau, and used on the cover of the BBB bulletin as a prime example of example of bad business. They received the dubious honor of Contractors from Hell, in People Magazine and they were the subject of a seven page expose in Mother Jones Magazine.

Yet ,they continue to build with the blessings and protection of the city council, city inspectors, the courts. the DA, the Attorney General, the TRCC and the legislature.
No one seems to care. We have "the builders protection plan" here in Texas. Bob Perry funds it. paid lobbyists protect it and everyone cows down, and turns a blind eye... while builders run amuck throwing up 90 day wonder housing that will never last the term of the home buyers mortgage. The historical society won't have to fight for these houses they won't be around in a hundred years.

Our thanks, to the once sovereign Texas for all it's consumer protection.

Jordan Fogal
Homeless in Houston

The final Descent auction Tremont Towers it tells it all

In a message dated 12/10/2006 10:12:00 PM Central Standard Time, jfogal281 writes:
Real Estate Auction
SALE ID 5694-23

3311 YUPON ST APT 419
Houston, TX 77006
N of Hermann Park. 1BR 1BA 1,025sf+\- condo. Built 2003. Tremont Tower subdivision.
Sells: 11:30am Fri, Dec 15th
Inspection: 1-4pm Sun. Dec. 3rd & 10th and 2 hrs prior to sale.
Opening bid: $50,000
Williams & Williams and the Seller expressly disclaim any liability for errors, omissions or changes regarding any information provided for these sales. Potential purchasers are strongly urged to rely solely upon their own inspections and opinions in preparing to purchase property and are expressly advised to not rely on any representations made by the seller or their agents.


jfogal281@aol.com wrote:
In a message dated 12/10/2006 8:35:44 PM Central Standard Time, jfogal281 writes:

Look at the appraisals on these properties still with the appraisal district and the listings with realtors and then look at this opening bid.$50,000.....just a bit of a discrepancy. This unit is appraised at $316,000. Something is terrible wrong? I though an appraised value was what something was worth or it's value..what it would sell for?
The strange, orange, structure, Tremont Tower, and its 76, almost empty units silently stand ... waiting for it's next humiliation. It is now up for auction, the finally indignity. After three years of problems, it is as if it has finally given up. Sadly, it was not the building's fault. And there is enough blame to go around. The General Partners: Tom Thibodeau, Jorge Casimiro and Armad Al Bana continue to prove their incompetence, while bragging of their 67 years of combined expertise,

You need go no further than three blocks, to see another of their fiasco's.
Hyde Park Crescent the upscale, luxury town houses starting at a mere $350,000 thousand. Thirty-seven of these 44 homes are defective. This has been testified too by Mr. Casimiro and Mr. Thibodeau in sworn statements, where they sued the roofer and subcontractors. Admitting in hardcopy and on video, not only were units defective ... but they knew it and sold them with no disclosure.

Mr. Casimiro goes on to state the 37 units had defective roofs, that lead to water intrusion into the electrical systems, the walls, ruined studs, plumbing, floorings, both hardwood and carpet. Auctions were a common occurrence there too ... along with monumental repairs... paid for by the homeowners, bankruptcies and foreclosures. Some still stand empty, some have for over two years. There are scores of families tied up in court battles and others hung out to dry by the arbitration clauses stuck in the new home contracts.

The same group was fired by the city of Bunker Hill after they were 7 months behind on the police station and had $120,000 dollars worth of mold damage. Houston Chronicle (2/14/02 Kim Canon)

They have been thrown out of the better business bureau, and used on the cover of the BBB bulletin as a prime example of example of bad business. They received the dubious honor of Contractors from Hell, in People Magazine and they were the subject of a seven page expose in Mother Jones Magazine.

Yet ,they continue to build with the blessings and protection of the city council, city inspectors, the courts. the DA, the Attorney General, the TRCC and the legislature.

No one seems to care. We have "the builders protection plan" here in Texas. Bob Perry funds it. paid lobbyists protect it and everyone cows down, and turns a blind eye... while builders run amuck throwing up 90 day wonder housing that will never last the term of the home buyers mortgage. The historical society won't have to fight for these houses they won't be around in a hundred years.

Our thanks, to the once sovereign Texas for all the consumer protection.

Jordan Fogal
Homeless in Houston


-----------------
Forwarded Message:
Subj: (no subject)
Date: 12/10/2006 10:12:00 PM Central Standard Time
From: jfogal281
To: action@aclu-houston.org



Real Estate Auction
SALE ID 5694-23

3311 YUPON ST APT 419
Houston, TX 77006
N of Hermann Park. 1BR 1BA 1,025sf+\- condo. Built 2003. Tremont Tower subdivision.
Sells: 11:30am Fri, Dec 15th
Inspection: 1-4pm Sun. Dec. 3rd & 10th and 2 hrs prior to sale.
Opening bid: $50,000
Williams & Williams and the Seller expressly disclaim any liability for errors, omissions or changes regarding any information provided for these sales. Potential purchasers are strongly urged to rely solely upon their own inspections and opinions in preparing to purchase property and are expressly advised to not rely on any representations made by the seller or their agents.


jfogal281@aol.com wrote:
In a message dated 12/10/2006 8:35:44 PM Central Standard Time, jfogal281 writes:

Foreclosure means home. Foreclosure means family.

Our story is in Washington Monthly, has appeared in People Magazine, under "Contractors from Hell," and a seven page expose in Mother Jones Magazine. Google Jordan Fogal for more information.
Study: Texas riddled by foreclosures

Austin Business Journal - January 26, 2007
National foreclosure numbers are in, and they're not pretty.
Texas finished 2006 with a total of 156,876 foreclosure filings -- the highest aggregate total of any state, according to a year-end report by foreclosure source RealtyTrac Inc.


No one mentions some of the reasons for foreclosure, like bad builders, substandard construction, or arbitration clauses that protect bad builders even bad lenders. No one mentions we no longer have access to the courts. Or the ridiculous red tape stopping victims and protecting builders by the Texas Residential Construction Commission. The only reason for all these forecloses that is mentioned ... is just stupid people. Mostly poor and middle class hard working people, many first time homebuyers, and senior citizens.

In the great state of Texas, are we going to believe that one out of very 51 Texans is just plain stupid? Or are we going to look for the truth. More importantly are we going to do something about it.

This sickness in the economy is because of greed and crooks. Not stupid homebuyers and it has reached epidemic numbers and everyone except the FBI seems not to notice. There is so much mortgage fraud here in Houston, they have set up a special task force.

"Representative government and trial by jury are the heart and lungs of liberty. Without them we have no other fortification against being ridden like horses, fleeced like sheep, worked like cattle, and fed and clothed like swine. -John Adams 1774


Below is an example of blind justice in Texas

Couple fights claim of faulty house in court

AUSTIN – In the beginning, Bob and Jane Cull thought if they just wrote homebuilder Bob Perry a letter about all the defects in their new Mansfield house, everything could be resolved.



That was 10 years ago.

A tortuous legal battle has carried the retirement-age couple through the courts, to arbitration and now through the courts again – all the way to the Texas Supreme Court. The Culls have won every round, but their home has not been fixed, legal costs have soared and the couple has postponed retirement plans.

"You think you can wake up from a nightmare and it'll be over," said Ms. Cull, a physicians' liaison. Instead, the couple watches as the home's defective foundation continues to move, some windows won't open and more cracks form in walls, according to engineering reports.

A spokesman for Mr. Perry said the case is built around an important principle: whether arbitration or the courts will settle disputes. But the Culls say their case against Perry Homes illustrates how construction disputes can last for years without resolution and how the system is stacked against average homeowners who challenge homebuilders with wealth and political influence.

Particularly this builder: Mr. Perry is the nation's most generous individual political donor. He has been a leading advocate of laws to limit court awards against businesses and a financial benefactor to politicians and judges. And he has funded Republican candidates up and down the ballot in Texas, including more than $340,000 to the nine justices that will hear the Culls' case.

Perry Homes spokesman Anthony Holm said the donations are irrelevant.

"All we're trying to do is get our day in court," Mr. Holm said.

The Culls filed suit in 2000 to force repair of their house. But they grew concerned a legal battle could take years and went to arbitration instead, thinking it would resolve the issues quicker and with less expense.

Mr. Holm said the switch was unfair to Perry Homes, which had spent time and money preparing for a trial. He says the couple waived its right to arbitration.

It is that legal question – "at what point in time does a consumer waive their right to arbitration?" – the high court has been asked to decide, he said. Arguments will be heard in March.

Consumer advocates say Mr. Perry has spent millions of dollars creating a political and legal system tilted in his favor.

"It's not surprising that he showered tens of thousands of campaign dollars on the Texas Supreme Court," said Andrew Wheat of Texans for Public Justice, a nonprofit group that tracks campaign contributions.

"What is shocking is that the judges who took all this money have agreed to hear Perry's appeal of a lemon-home case – one that he already lost in front of an arbitrator and two Texas courts," he said. "It's three strikes and you're out in the Texas justice system – unless you own the league."

Mr. Wheat's group receives financial contributions from trial lawyers that represent people suing businesses.

Cracks in dream home


When they signed on with Perry Homes in 1996, the Culls thought they were building their dream retirement home, with 2,800 square feet and upgrades such as cedar closets and raised arches, in a new subdivision south of Fort Worth. There was a golf course and a view of the pond.

"I can remember sitting on the property before there was a house on it, watching the sunrise, and thinking, 'Oh my, this is the place,' " Ms. Cull said.


But the house was never whole.

"First we thought they'd bought the wrong-sized door," Ms. Cull said. "Leaves and critters could come in. Roof supporters were not staying attached in the attic; they were just hanging free. And there were cracks in the walls and the tile was cracking."

The couple complained, but work crews simply patched the problems, they said. Soon, they were sure their new $250,000 home had fundamental defects, and they expected Mr. Perry to make it right.

Mr. Cull described himself as "a firm believer that people settle their differences face-to-face and resolve things on a kind of man-to-man basis. We thought this was something we could talk to Bob Perry about over a cup of coffee and settle with a handshake."

He wrote to Mr. Perry, the first of many letters to come, outlining the problems. Engineering reports, both by the Culls and by the warranty company contracted by Perry Homes, concluded the foundation was defective, he said.

Their house was now valued at perhaps only a third of the original purchase price.

Eventually, the couple got a letter from the attorney for Perry Homes, John Krugh, saying the firm had done all it was going to do. Perry Homes had provided surface drains, patched the walls and sealed gaps in the concrete, but made it clear it bore no more responsibility for the Culls' problems.

In October 2000, the Culls filed suit against Perry Homes. But before the case went to trial, the couple had second thoughts and moved to have the matter decided by an independent arbiter because, now in their 60s, they feared spending their retirement years in a long legal battle.

The homebuilder resisted and both sides went to court. A district judge, the appeals court and the Texas Supreme Court all ruled for the Culls and directed that both sides go to arbitration.

After several days of hearings in 2002, an arbitrator directed Perry Homes to pay the Culls more than $800,000. That includes the cost of the house, punitive damages and legal costs. With interest, the award would now top $1.3 million.

In a lawsuit, discovery rules govern how the two sides must share information. The Culls' attorney says the couple got nothing in discovery it couldn't have gotten in arbitration, but Mr. Holm says the Culls got information the company didn't, and that the arbitrator was biased against the homebuilder.

"There appears from our perspective to have been very real bias on behalf of the arbitrator," said Mr. Holm. "And there is a real question about when the plaintiff waived their right to arbitration."

A district court rejected those arguments. Perry Homes took the case to the appeals court, which also ruled for the Culls. The homebuilder again appealed to the Texas Supreme Court, which has scheduled a hearing for March.

The attorney for the Culls said he was surprised the high court, which accepts a fraction of the appeals it gets, agreed to take the case.

"I'm certainly concerned there's politics at play," said Dallas attorney Van Shaw. "The law's clear. We're entitled to win and lots of courts have seen it that way. So I can't reach any other conclusion than it's politics."

Mr. Holm denied that. He said public disclosure of Mr. Perry's contributions to all nine judges makes his legal burden more difficult "because every justice there knows there's some kind of donor relationship."


The court does not explain its reasoning for accepting a case.

Major donor

For Mr. Perry, questions about whether his contributions affect public policy are common.

The Houston homebuilder gave more than $19 million to Republican politicians in state and federal races in 2006, including $6.7 million to Texas candidates.

He is the largest political contributor to Gov. Rick Perry (no relation). And in 2003, Perry Homes and other builders sought help from the Republican governor to create a new state agency, the Texas Residential Construction Commission, to settle homeowner disputes.

Builders touted the agency as a better way to resolve disagreements. Critics called it another obstacle for consumers. For the rest of the story see Dallas Morning News Jan.27,2007
E-mail wslater@dallasnews.com

 

 

Jordan Fogal quotes taken from Forum.Fightback.com