Posts Tagged ‘Legal’


lebron4Looks like Mr. K has decided to take his talents to South Beach.  Court documents filed on January 4th indicate that the Ohio Assistant Attorney General’s office (Cleveland Office) sent a summons to Mr K at a Miami Beach address.   A quick Google Map search shows the address to be a posh condo located on the shores of Biscayne Bay, just spitting distance from the arena where King James plays.  We wonder how many caved-in stoops, unfinished homes, leaky windows, nail pops and squeaky floors the residents have to deal with…


haveyouseeneme

The Search Continues

Continuing coverage of the State of Ohio vs UPH:  According to the Medina County Clerk of Courts, attempts to serve Mr K and Unmistakably Premier Homes via Mr K have been unsuccessful.  In documents dated December 19th and 27th of 2012, both attempts failed due to “unclaimed, unable to forwards summons and complaint.”  Both summons were addressed to the (former?) UPH offices at 1392 High Street in Wadsworth.  Independent attempts to contact Mr K by non-legal entities have also gone unanswered.

If you have any information as to where Mr K may be residing at this time, please feel free to post below.  We’re sure the Ohio AG will appreciate the help!


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 Cleveland.com 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).


Bang! Next Case…

Looks like Mr. K will have to find some other legal loophole to hide in.  As of August 27th, his attempt to file Chapter 11 bankruptcy for his 7972 Ridge Road LLC has been dismissed.  So, as the Notice of Dismissal states:

Creditors have a right to proceed against the debtor or the debtor(s) property according to applicable law.

Meaning, PNC can either sue the pants off Mr K to get their money, or take the property away out right.  What will the next card to fall be?


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 www.cacb.uscourts.gov, 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 www.cacb.uscourts.gov 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…


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!).


Even Jackie Chan is dumbfounded...

Reader rglad left a comment in another posting regarding his current situation with UPH.  Looks like Mr K is staying on-point with his financing issue message.  We wish rglad the best.  But as a postscript, rglad mentioned the following:

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.

Wait a minute… Whaaaat?  Mr K was unaware of his properties foreclosures?  Is he not reading his mail or something?

Look, we at Mistakably Premier found Mr K to be a nice guy.  And we don’t really harbor any ill will to him or his company(s).  But come on, Man!  Let’s be honest… What kind of statement is made when a President and CEO has no knowledge of what’s legally transpiring at his company?


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.


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.