Posts Tagged ‘He Who Shall Not Be Named’

NOT the actual sign in front of UPH Offices

I’ve got to hand it to our loyal readers… They’ve been doing most of the heavy lifting while we’ve been hibernating!  Over on our fourms, guest commentator “guest_guest” has pointed us in the direction of the Medina County Sheriff’s Office website which lists all the upcoming properties on the auction block.  One address in particular stood out among the rest: 1392 High Street, Wadsworth.  Why?  That’s the location of UPH’s home office…

“But wait!” you say.  “The listed owner is a 7972 Ridge Road LLC, not UPH.  What gives?”  Good question.  But if you follow the rabbit down the hole, you see that this foreclosure is linked to the Civil Case 11CIV1314, which lists not only 7972 Ridge as a defendant, but also the esteemed Mr K. (plant face firmly in  palm here).  Seems Mr. K. co-signed the loan, and now, PNC Bank is asking for it’s money back – to the tune of $1 Million!

Usually, we’d put a handy-dandy chart up about now to show how Mr K. is tied to 7972 Ridge Road LLC, 1392 High Street, and case number 11CIV1314, but we’re pretty sure our readers are smart enough to get it.

The saga continues.  Last time, we wrote about our own issues, as well as Mr K’s reasons for the lack of warranty satisfactions.  Today, we’ll try and cover some of the “Bigger Picture” issues that readers of this site have brought to our attention… Starting with the issue of liens.

A Brief Lesson in Home Construction

When the subject of liens, and missed deadlines was broached, Mr K was very eager to talk about this issue.  To understand the whole story, he explained how home building works, which was really informative (we’ve never built our home, only purchased an already constructed house).  First, we were told that when a home is built, the builder usually is required to take out construction loans to cover the costs.  The homeowner’s mortgage only goes to the purchase of the home itself.  Therefore, the builder, in this case UPH, secures the financing to build.

In the past, this financing came by way of the major banks, like PNC, Huntington,  and Fifth Third.  These construction loans are usually up for review and renewal every so often.  During this review period, banks will usually extend the loan.   However, with the recent credit crunch, banks have been reconsidering this practice, and in some extreme cases, have rescinded the loans already established.    This means that work already performed on some homes needed to be stopped – and in some extreme cases – work already done went unpaid.  When that happens, subcontractors take out liens.

To get out from under this cycle, UPH has gone to private investors to cover new construction, while the homes already in progress have found traditional financing – that is, unless it was a home first financed by Huntington.

A Grain of Salt

It’s up to you to believe the explanation that was given during our meeting.  Mr K was very convincing, and like was mentioned previously, he did seem honest and sincere.    While our conversation answered most of our concerns, we are certain not all of your’s have been addressed.  Therefore, we encourage you to continue posting comments, or submitting your own stories to Mistakably Premier.

It’s been awhile since we’ve posted.  Unlike our last long-term absence, this one was due to, you know, living life.  But we do have some updates to pass along.

Last time we posted about the pending meeting we were to have with Mr K. at our humble abode.  We’re pleased to report that the summit went pretty well. In attendance was not only Mr. K, but UPH’s new warranty manager, Andy.  The conversation covered many things, including our own issues with our Unmistakably Premier Home, our overall dissatisfaction with UPH’s responsiveness, Biggie S’s status, the current state of the business, and last, but certainly not least, our readers’ concerns.

But before we get into a full debrief, we’d like to first say a few things about Mr K. himself.  Surprisingly, Mr. K is a very personable man.  He was very frank and candid with us, andm to top it off, he was very apologetic.  His candor and apology was very much appreciated.  His warranty manager, Andy, also seems to be a pretty stand-up guy.  That being said, let’s get to the nitty-gritty!  Pour yourself a tall one, and get really comfortable – this is gonna be a long post!


Two Superpowers Meet

Two Superpowers Meet

In October of 1986, President Ronald Reagan and Soviet Secretary General Mikhail Gorbachev met in the Icelandic capital of Raykjavik to discuss an arms treaty.  Gorbachev proposed a sweeping reduction in nuclear weapons on the condition that the US limit their testing of the Strategic Defense Initiative (SDI, or, as it was commonly called back then, “Star Wars”) to laboratory testing.  Reagan, while agreeing to the cuts in nuclear arms, rejected the proposal outright, stating that he could not back down on SDI, as he promised the citizens of the United States he would not “give in” on SDI.  At the time, it seemed the two day meeting resulted in absolutely nothing.

But, in fact, the talks were significant in a number of ways.  It was the first time the Soviets agreed to talk about human rights.  Both men found common ground to stand upon with regards to eliminating the nuclear threat.  And, most importantly, it set the stage for the eventual draw down in nuclear arms.

So what does this history lesson have to do with us?  As was posted last week, an olive branch was offered by Ms. M, a friend of Unmistakably Premier Homes.  That email led to a phone conversation, which has ultimately lead to a planned meeting for this week with Mr K, Steven Kovack, UPH’s President.  And like the historic Reykjavik Summit, almost 25 years to the day, we don’t expect immediate resolution of our concerns, but we do see this as a positive first step in our struggle.

A few weeks back, we noted the lawsuit filed by PNC Bank against Ashton Place, LLC, Stephen M Kovack, and UPH which resulted in multiple liens placed on UPH property around Medina, Summit, Cuyahoga and Geauga Counties.  It appears that some, if not all, of the liens in Medina county from this specific case have been released.

UPH has secured partial release of judgement liens on five of it’s Medina County properties.  That’s not to say that PNC has been paid in full by Ashton Place, Mr K, or even UPH.  But it appears to be something positive for UPH.

This is Ashton Kutcher.  While he’s not the best comedic actor in the world, he now has a steady job on Two and a Half Men, so we have a feeling he pays his bills.

We wonder if Mr K appears this concerned about our homes...

This is Ashton Place.  It’s owners appear to be having a problem paying off some of it’s bills – more specifically, $1.4 Million (yes, MILLION) of promissory notes held by PNC Bank (formally National City Bank).

Ashton Place

It all starts with a six count Medina County Court Case #11CIV0914.  Ashton Place is listed as a defendant for two counts of non-payment of promissory notes, valued at just over $1M.  The next two counts reiterate the first two, but this time, our favorite President, Mr K, is named as the defendant.  A fifth count alleges that UPH also has failed to pay on a loan,valued at $390K, and the final count names Mr K for the same non-payment.

So who is Ashton Place?  As near as we can tell it’s an apartment complex in Wadsworth owned in whole or in part by Stephen M Kovack – yes, THAT Stephen M Kovack – under the name Ashton Place, LLC.

The $1.4 Million Pyramid (click to embiggen)

The kicker – UPH’s response to the suit was a “Yep – we confess!”  Case closed, right?  Not so fast!

According to the Medina County Clerk of Courts site, the case is at a Entry Filed state, meaning judgement has  been entered in favor of PNC Bank, and that, per court regulations, PNC has notified the defendants of such.  It appears, however, that UPH/Ashton Place LLC/Mr K have still not paid what is owed.  Therefore, PNC has placed multiple liens on a variety of properties held by the trio in Medina, Cuyahoga, Geauga, and Summit counties (Judgement Lien # JL-72-299).

So let’s check in with Jerry and Ed to see where we stand:

Hey Ohhhhh!

Close to $1.6 Million.  Nice.