Archive for the ‘Business’ Category

Yeah – Something Like That…

Quick State of Ohio v UPH update:  UPH and Mr K have been served as of November 27th.  As per Rule of the Ohio Rules of Civil Procedure, Mr K has 28 days to submit an answer to the Attorney General’s office, and an additional three days after that to file that answer with the Medina County Court.

Start the clock!

Well lookie here… Hat tip to reader Michael who posted a story from onto the Mistakably Premier Facebook wall…

Ohio Attorney General Mike DeWine on Tuesday sued a Wadsworth builder, Unmistakably Premier Homes, and its owner, Stephen M. Kovack for failure to complete homes as agreed.

We’re not sure what this means for those that had money taken, but we know it’s worse for Mr. K.  That said, anyone know what happens if Mike DeWine wins?  Does the fines go to the customers that were slighted?

More of this story to follow!

UPDATE:  This one’s from the Jackson County Daily –

The lawsuit charges violations of the state’s Consumer Sales Practices Act, including failure to deliver, failing to perform in a workmanlike manner and failing to correct such work, and stalling and evading obligations, including failing to promptly deliver services for which consumers contracted.

UPDATE: Here’s a link to the press release from the Ohio Attorney General’s office, including the complaint filed (in PDF).

Tenacious D!

Intrepid 19 Action News consumer reporter, Danielle Serino, aired another story last night on the 11 o’clock news in her quest to rid Ohio of bad contractors.  While not specifically aimed at our favorite home builder, there was quite of bit of B-roll used from her previous expose’ on Unmistakably Premier Homes, and featured one Premier Homes “customer” in particular, who’s out $15 large due to Mr. K.

Check out the video by clicking HERE!

He Loves Trash! But Does Mr K?

Building houses can be a messy business.  An estimate by the National Association of Home Builders (NAHB), states 8,000 lbs of waste is created from the construction of a 2,000 square foot home.  So where does all that go?  In a dumpster, of course!  But then what?

We recently got a lesson when a local business informed us of yet another Mr K situation.  Typically, a builder will hire a hauling company to leave a dumpster on site, and, when the container is full, haul it to a landfill.  UPH did just that with Amos’ Hauling out of Wayne County.  Unfortunately for them, it’s been several months since Mr K and UPH have paid for their services.

For months, containers have sat full on-site, some with occupants, while payment has been delayed.   Understandably angry homeowners would contact the haulers as to why, and get the honest answer “we haven’t been paid.”  When word got back to UPH about this, they asked Amos’ Hauling to stop.

Several attempts have been made to contact UPH, but excuses range from the inability to pay by credit card to lost invoices.  Needless to say, the owners of Amos’ Hauling have had enough of Mr K’s garbage – so they gave it right back.  Since UPH still hasn’t paid for pickup and disposal of the waste, technically, it’s still Mr K’s stuff.  So Amos’ Hauling has decided to give it to him – at his home.  Mr K now has a dumpster sitting in his driveway, in hopes it will remind him to pay his bill.

Mr. K’s New Neighbor

However, instead of signing his name on a check, he has signed a police report.  Seems he’s not too happy with his friendly reminder.  Amos’ Hauling has responded with their own police report which outlines their position in detail.  Hilarity is almost certain to ensue.  Stay tuned…

Perhaps Mr. K should employ Keyrock, the Caveman Attorney…

We’re no legal scholars here at Mistakably Premier.  Legal concepts of motions, notices, and certificate of service frighten and confuse us.  But what we do know, is that things aren’t going so well in the Chapter 11 bankruptcy case of 7972 Ridge Road LLC.  According to court documents, Daniel M. McDermott, the United States Trustee for Region 9, has filed a motion to “convert or dismiss” the case.  Not knowing exactly what that means, we did some research on the matter.  Here’s what we found…

According to the website, the court can request the case be converted or dismissed “if a debtor is not complying with bankruptcy requirements.”

So why has Daniel M. McDermott asked for a conversion or dismissal?  Apparently it has to do with a July 19th evidentiary hearing where “The Court entered orders from the bench denying the Debtor’s use of cash collateral, denying its motion for turnover, and granting PNC relief from the automatic stay.”  In other words:

PNC – 3, Mr. K – 0

The motion further lists a number of factors, including:

  • Absence of a Reasonable Likelihood of Rehabilitation

It is believed by the court that “without any assets in its control, the Debtor lacks a reasonable likelihood of rehabilitation.”  Ouch!

  • Dismissal in Creditors’ (in this case, PNC) Best Interest

“Because the Debtor lacks unencumbered assets,” asserts the motion, “dismissal is in the best interest of creditors.”  Double Ouch!

Dismissal has Serious Consequences

So, now what?  The motion is set for a hearing on August 14th, so we’ll see which way the court rules.  If we were betting folk, we’d place money against 7972 Ridge Road.  If the case breaks that way, what can Mr. K expect?  The site further states:

If a bankruptcy case is dismissed at the request of a trustee or creditor, or by the court on its own motion, the debtor may be prohibited from filing another bankruptcy case for 180 days [Bankruptcy Code Section 109(g)] or be required to file a motion to obtain permission to file another bankruptcy case (Bankruptcy Code Section 349).

In other words, Mr. K will find it hard to hide behind bankruptcy law…

Let’s Make Him an Offer He Can’t Refuse

At this week’s event with Action 19 News, we joked about how some of us tried to get Mike Holmes to help out.  We all were met with varying levels of rejection, but after the cameras were packed away, our creative juices began to flow.  What if we sweetened the deal.  What if we made our plea so unrefusable (yeah, not really a word… Thanks spell checkers!), that Mike couldn’t refuse?

Enter Project MOHR – Make Our Holmes Right.

You see, there are sites out on the web that do nothing but fund projects by crowdsourcing – getting the internet community to donate at varying levels to help fund your dream.  Two examples are and  What if we, those spurned by UPH, got together, much as we did this past Monday, to form Make Our Holmes Right, with the ultimate goal of bringing Mike Holmes to our homes?

We haven’t worked out all the details quite yet, but we’re getting close.  At the very least, any monies that could potentially be raised by this effort might help defray the cost of some of our (and by “our” I mean the royal “our” as in those who need the cash the most) serious repairs.  We’d hate to be bogged down with any legal stuff (like how would we decide who got the money? or what if we didn’t raise enough? or what if Jay Mohr sues us over copyright of his name?), but this may just work.

So what do you think?  Leave your comments below….

Just a bit more info regarding the Bankruptcy Filing by 7972 Ridge Road LLC as posted yesterday.  Mistakably Premier Homes has obtained a copy of the filing as signed by Mr. K himself (check out the pics below).

Also, it looks like the initial hearing is scheduled for July 10th at 10:30 AM at 260 Federal Building in Akron.  We’re assuming it’s open to the public, so if you’re planning on attending, let us know!  We’d love for someone to provide us with the straight dope (and perhaps one of those really bad artist’s courtroom renderings!).

Here at Mistakably Premier, we’ve been watching for any signs of UPH’s impending bankruptcy.  Looks like we’ve been looking in all the wrong places.  Well, that’s not entirely true.  We’ve been on the lookout in PACER, the online Federal repository of court cases, for anything related to Unmistakably Premier Homes.  What we forgot to look for is any of Mr. K’s other holdings, specifically, 7972 Ridge Road LLC.  You may recall that 7972 Ridge Road LLC is the company that is listed as the owner of the UPH as-of-now foreclosed offices on 1392 High Street in Wadsworth.  In any event, 7972 has filed for Chapter 11 reorganization.

So how did we stumble onto this bit of information?  Loyal reader, and UPH victim, Brian (not his real name) sent us the heads up about an article in for the tip regarding the article on Crain’s Cleveland Business online, published today.  It’s an interesting read, the highlights including:

  • UPH is “the target of more than $1.6 million in judgments in Medina and Cuyahoga county common pleas courts. The largest is a $1 million judgment to satisfy a note filed by Fifth Third Bank.” [Ed note:  We think they actually mean PNC (as referenced later in the article).  If that’s the case we brought you this story before Crain’s did!  Pulitzer perhaps?]
  • “The sale [of the 1392 High Street property at Sheriff’s sale] only netted one $990,000 bid, according to the bankruptcy filing.”
  • Liberty Township is hoping to “nab some money that Ohio Attorney General Michael DeWine will make available to help local governments cope with foreclosures,” hoping to “use it to demolish” an unfinished UPH home.

But the most interesting tidbit of them all was this:

The homebuilder also is the subject of a website dubbed “Mistakably Premier Homes” where dozens vent complaints about building quality or alleged nonperformance on home-sale contracts. The site has 45 names on a petition calling on the builder to honor warranties and contracts.

That’s right, our little blog and you, “the dozens”, were mentioned in Northeast Ohio’s leading source for weekly business news, analysis and commentary!  Couple this with our proposed Channel 19 appearance, and it’s like we’re the next Facebook (okay, maybe MySpace…)!

Special thanks to “Brian” for the tip!

UPH Being Shown the Door

Looks Greenhaven has gone all Fleetwood Mac on UPH and told them to “Go your own way!”.  Residents of the primarily UPH developed subdivision of Dover Highlands received a letter this week from Greenhaven Development Company, who are now the proud managers of the community’s Home Owner Association (HOA).  The complete letter can be read after the break, but here are some of the highlights:

  • Greenhaven has partnered with Ryan Homes “to ensure that Dover Highlands would move forward”
  • Greenhaven has severed it’s ties with UPH, but will be “continually pressing UPH to complete their obligations”
    • UPH still owns 7 lots in Dover Highlands, and will be allowed to build on them
  • Greenhaven purports that “under Unmistakably Premier Homes and Barnett Management (previous HOA manager), the HOA has suffered financially and operationally”

That’s some good news for the homeowners in Dover Highlands, but not so great news for UPH customers.


Sign on the dotted line!

Tired by all the runaround you’ve been getting from UPH?  So is “burnedbyUPH” (we’re assuming that figuratively, since, to our knowledge, there have been no arson attempts made by our favorite builder).  In an online form of protest, burnedbyuph has begun a petition that anyone can sign on the  The goal is to gain 1,000 signatures. Judging from our likes on facebook, we can help get them to 1.5% of their goal!

Check it out by clicking on this link: