UPH Has NOT Filed for Bankruptcy!

Posted: September 3, 2011 in Business, Legal
Tags: , , , ,

We first found the rumor that Unimistakably Premier Homes had gone bankrupt a few days ago.  Since that time, we’ve done some more checking, including a search of pacer.comPublic Access to Court Electronic Records – which enables anyone to search court records online.  We did find a lawsuit filed against UPH for violation of theFair Labor Standards Act (opened Feb 4th, 2011), which we’ll dig into later.  But, there are zero filings for bankruptcy by UPH.

PACER Search Results for UPH Bankruptcy

We’ll keep an eye out for any developments and pass it on as soon as news breaks!

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Comments
  1. renee says:

    I can verify that the builder is not going bankrupt. Iam currently building with them. At the beginning of the summer the banks pulled his line of credit. He found other financing and is resuming building.

    • Ryan says:

      Renee:

      Thanks for the information. Welcome to the blog! Let’s hope your experiences pale in comparison to ours. Keep us posted!

      Ryan

    • JL Harder says:

      You should look them up in the Medina Courts and see all of the contractors he has not paid and the 2.5 million in lawsuits against him. We are supposed to be building with them and nothing has been done. There are liens on just about all of their properties.

      • Ryan says:

        JL:

        I think that will be our next place to look – We’ve heard the rumors, and will continue to keep digging.

        Thanks!
        Ryan

      • renee says:

        I really appreciate this forum. Let’s me know I’m not alone. We signed the contract in build in october. They built that frame in march. Worked on the house in until end of april then nothing. Then nothing. And still today nothing.

  2. sally dykes says:

    We gave a deposit in june, with no work…..story he was trying to get money. We signed off to build. And even signed to lose 52% of dep. (Kathy mansfield realtor fee for her approx 2 hours of talking to us). Never have received any monies due. I wonder now what to do….. very emotional and mad! Any tips or info. Would be appreciated.

    • Cavsguy#22 says:

      I can understand the frustration and anger directed towards UPH, but to somehow imply that Kathy Mansfield was only out for herself and getting paid is just wrong!!! Kathy has been completely honest and helpful through our entire process. I’m sure that you must not be fully informed regarding fees and who receives monies because I know that she did not become one of the top realtor agents in the county be being selfish! She is a great realtor and an amazing friend to have while going through the building process.

      • Pat says:

        Is she still selling for UPH knowing that nothing will be done? In Brunswick I see that the model is still open and Jill is still operating out of there. Every time I drive by I want to stop and wait to tell whoever is considering UPH to run as fast as they can away from there

      • Running out of patience in Wadworth says:

        I feel for what Kathy must be facing professionally, but she was also chugging along making sales and pushing UPH’s “stories” just as much as their office was. She was an investor with preimer and I’m sure has a lot of business sense that probably made her realize that things weren’t adding up.

        I walked into the model many times, in tears asking for explanations, while she was continuing to sell homes. I’m sure it was hard to juggle, but I feel like some bell should have went off in her head well before it did. By going along with premier as long as she did, she lured a lot of wide-eyed, excited and trusting buyers into this gigantic mess. It’s a real shame.

  3. ash says:

    Hello All! I know this post is a little old but i thought i would give an update.. Premier sold all the lots in Wadsworth Tiberon to Ryan homes (This is very new) About a week ago, We were able to fight them for our earnest money back. We signed in June and still had no house in October. They never had a new line of credit. That was a lie. There credit was “cut off” because they had not paid their subcontractors. They will tell you it was because they were getting checked for credit like everyone else. This is an absolute LIE! Buisness do not reapply for credit after all ready granted. This was information from there bank! We got a lawyer and i will continue to help whoever needs help to take these inconsiderate, pompous people down. This is what is wrong with the world!

    • sarah ingram says:

      I am in the same ituation. i need help. i signed a contract in March and my house is going no where, How did you go about and were you sucessful getting your momey back?

  4. matt says:

    hello ash, I am in the same boat. I was contratcted since September to have my home built and they never did anything with the property. I am backing out of the contract and am trying to get my down payment back. I was going to build in Laural Glenn in Brunswick. I have been dealing with Jill Ott, and have met with Steve (the owner) a month ago. They stated the same thing about having to find financing with private investors. But he gave me a handshake agreement that the home would be started in December. It has not. Now I am trying to get my downpayment money back and am afraid I will never get it. Whenever I ask, Jill tells me “we’ll get it to you in 60 days or so” They have not kept thier word for anything. If you are taking legal action against UPH, I would like know what lawyer you are using and looking for counsel in this matter. Good luck!

    • E says:

      hello, just ran in to this wish I did it earlier. I’m down the same path as you trying to get my down payment back, I got the 60 day story, and all of the above B.S. just tired of lies. I too would like know what lawyer you are using and looking for counsel in this matter if possible… thanks

  5. Running out of patience in Wadsworth... says:

    They are liars! Do not believe anything they say!! And I suspect their “private investors” are nothing more than Carter Jones/Lumber who now owns them because they owe $400,000 to them…If UPH fails, Carter will never get paid, so that’s why they take over builders. They’ve done this with other companies like Dutch Heritage.

    We were nearing completion of our home…it’s been ONE YEAR since they broke ground. It is absolutely terrible that we have spent over a year waiting for them. This is by far the worst experience I have ever had. I’m comforted by the fact that I’m not the only person who has had an extremely horrific customer service experience, but saddened for everyone who is stressed out to the max because they don’t have a home. If anyone has any ideas on how to get your deposit back without having to wait forever, please post it here! We are very nervous about losing our money, let alone our driveway, wiring and many other resources we put into the home on our own!

  6. LOU says:

    ITS TRUE THEY OWE CARTER LUMBER AND A FEW BANKS CLOSER TO 3.5 MILLION NOT TO MENTION ALL THE LITTLE COMPANIES THAT CANT AFFORD TO HIRE LAWYERS THE BUILDING WICH IS THERE OFFICE IS OWNED BY UPH AND IS UP FOR FORCLOSER THERE NOT GETTING PRIVATE LENDING IT FELL THROUGH THERE BASICALLY RUNNING A SCAM AND ARE GETTING AWAY WITH IT I DONT KNOW HOW BUT THEY ARE THEY OWE EVERYBODY FROM SUB-CONTRACTORS TO HOME OWNERS BANKS SUPPLIERS EVEN SOME OF THERE STAFF HAS LEFT BECAUSE THERE WASNT RECIEVING PAYMENT FOR WORK

  7. Pat says:

    I closed in June – one of the lucky ones (lol) and I just spoke with Andy this week who told basically to get in line for completion of punch list items – upgrades I paid for but did not get and for warranty items!
    They owe me a garage door opener for my car and I can’t even get get that from them === money’s tight! What do those things cost — $40 – $50?

    I also would love to have a name of an attorney if anyone is working with one

  8. Pat says:

    I think I may have posted this before but even the model home in Brunswick is being foreclosed on!

    http://www.co.medina.oh.us/medct_epublicnodr/pages/DetailForm.aspx?case=11CIV1606

  9. Pat says:

    Medina County Auditor, Michael E. Kovack
    Property Tax Bills

    The database is a copy of the public record as it existed on the date of retrieval. This information is brought current periodically and we last retrieved this information in January of 2012 which is for tax year 2011.
    (Billable in calendar year 2012)

    ParcelNumber 00318B18129 Name UNMISTAKABLY PREMIER HOMES INC

    Address 517 JUDITA DR
    CityEtc BRUNSWICK, OH 44212
    Mail Address 1392 HIGH ST #205
    Mail CityEtc WADSWORTH, OH 44281
    First Half 2011 Second Half 2011
    GrossTax 3,149.69 GrossTax 3,149.69
    Reduction 1,144.53 Reduction 1,144.53
    Subtotal 2,005.16 Subtotal 2,005.16
    Reduction 10% 200.52 Reduction 10% 200.52
    Reduction 2.5% 0 Reduction 2.5% 0
    Homestead 0 Homestead 0
    Current tax 1,804.64 Current tax 1,804.64
    Current
    Special assessment 71.26 Current
    Special assessment 71.26
    Other Charge 0 Other Charge 0
    Recoupage 0 Recoupage 0
    Other Credit 0 Other Credit 0
    Total Due Includes SA & Recoupage 1,875.9 Total Due Includes SA & Recoupage 1,875.9
    Delinquent 6,627.18 Delinquent 0
    Delinquent Spcl Assess 0 Delinquent Specl Assess 0
    Total Due 8,503.08 Total Due 1,875.9

    Disclaimer: All information provided is a matter of public record. However, the information contained in this database may not be current, and may have been outdated as of the retrieval date. The Medina County Auditor’s Office assumes no responsibility for the use or misuse of this information.

    “Total due” might not reflect payments made. This is not to be used for proof of payment

  10. Upset in Wadsworth says:

    My husband and I signed back in March of 2011 and still don’t have a finished home! We have kept on-top of them ( as much as anyone could ) and demanded compensation for the long wait but again we have gotten nowhere in all of this and our struggles! We have been living with family since August, thinking and hoping each month that our dream home would finally be finished!!! We have gotten the run around when we actually speak to someone (which is almost impossible) and as of this month Steve sent some man who sits behind a desk at premier (having nothing to do with our home or it’s construction) to come talk to us and to answer our multiple questions. Needless to say he answered nothing and only made us more upset! I think this has been the last straw and although I still wish a miracle would happen and our home would be finished and constructed well without shortcuts (which I am sure they have taken with all of their financing issues) I know we will have to let go of this property and start looking for homes again! I wish we could do the lawyer route but at this point I doubt Steve would even react to another lawsuit let alone give us our money back! It’s nice to hear that we are not alone in this struggle but it is still very upsetting to know we have waisted a year hoping for the impossible and dealing with hefty amounts of stress along the way. Truly a devastating time in our lives!!!!

    • Running out of patience in Wadsworth says:

      I concur with everything you have said…. this experience has ruined something that should have been very exciting. We’ve been under construction for a year in Tiberon Trace and almost done… but it still has been so much stress. I’m so sick of UPH having free rent in my head. Every day, I wake up thinking about it. It’s been a very hard. Good luck to you!!

  11. Ryan says:

    Hello All,

    My wife and I started this journey back in August of 2011(signed contract and put in our down payment). As of right now nothing has been started on our house. Seeing all the comments throughout the forum and this website, this was a little concerning. Because of this, we scheduled a meeting with our Realtor and Steve Kovack himself. This meeting took place last week (2/2-2/4) and i thought i would give an update of what we found out. First, please take everything you read with a grain of salt as we are. From the meeting we found that UPH had their line of credit pulled last summer with little to no notice from the bank and because of that they could not finish the houses that they had already started. UPH was still selling homes with the foresight of receiving another line of credit. As of our meeting, Steve has something lined up with foreign investors and is currently in the process of signing the contract early this week. We are supposed to call our Realtor on Friday (2/10) of this week to get an update on the situation (I will post after we find out the situation). Also, from this meeting, we were told that we would be given a refund if we were unhappy with the situation. As of right now we are going to stick with UPH, contingent on whether he signs his line of credit this week. Once he signs his line of credit we were told 3.5-4 months to building completion. Once again please take this with a grain of salt. We know that companies only look out for themselves. i just thought i would give everyone an update on what we found out.

    Thanks,
    Ryan

    P.S.- Also from the meeting we found that Steve didn’t even know his buildings were in foreclosure. He found out from one of his clients and was shocked. This is a little scary knowing that the owner of the company didn’t even know there was an issue.

    • sarah ingram says:

      I have been working with Premier homes since Feb 2011..i signed a contract in March and was promised completion in September. I fell vicdtim to this credit line issue like many others. My home is being drywalled right now but no where near completion and it has been a year almost. It has been an agonizing and horrific experience for my family. They have been talking about private financing for over 6 months. Premier just lost their design center and model home. I am the customer that pointed this out to Jill. There is no way they didnt know. I know them well enough now that this isnt going to end good. I too held on hope after meeting with Stave. He promised me that my home would be done in December after he claimed “he resolved these issues” My house isnt close and I gave them the benefit of the doubt and I did it in good faith that he was being honest. I have met a realtor that works for him but hasnt sold a home in 6 months or more because she said she couldnt in good faith do that knowing what the company is going through. She said Steve is a good guy but it is a bad situation. My experience has been a nightmare. I would not believe what they tell you. I have first hand experience that you will be spun around in circles until you are too dizy to stand.

  12. ash says:

    Hello All! I hope all who read this will be weary of UPH. Fight them like the dogs liars and cheaters they are! We were working with our lawyer who UPH didnt seem to respond well too. They continued to not answer emails, phone calls, and let some 15 year old girl sit at the desk of the building(before it was forclosed on) We actually got more of a response from the CEO of our realtor from Cutler homes. Because he became involved and spoke with Michele Kovack letting her know just how illegal she was in promoting her brother under his financial distress and not disclosing there relationship in our contract, this was a huge problem. we did not get off scott free by no means. We got approx 3/4 of our money back which in my eyes to be out of contract with them the hassels lies and lord knows the corners they will cut financially to build a home i was pleased to walk away. My husband and I actually just purchased a pre-exisiting home and could not be happier. I would suggust all to report the relator to the Ohio State Division of Relestate. Here is the link http://com.ohio.gov/real/docs/real_COM3685AppraiserComplaintForm.pdf My biggest issue is the people behind Kovack knowing and seeing that no progress was being made and pulling others into the situation when they knew they were sucking swamp water. Im so sorry for those of you with your homes half built. I would continue to fight. I do have a lawyer that we worked with who is familiar with the case who would be willing to work with you. Our end issue was it wouldnt of been worth our earnest money spent to pay for the lawyer we would of just been further in debt. You need to weigh your options Hope the helps!

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