Posts Tagged ‘Mr K’

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?

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…

How did “According to Jim” stay on the air for so long?

Wow… First, we’d like to thank all the folks that trekked out to the Mistakably Premier home office to be a part of television journalism history (alright, that’s a bit much, but thank you anyway)!  It was a bittersweet moment, as it was awesome to see the support, but not-so-great considering why all of us were gathered.

Second, we’d like to thank Danielle Serino, and her team, from Action 19 News, for giving us a voice.  Let’s face it, even though the intertubies are considered the “New Media”, good old fashioned television gives our cause a bit more gravitas.  We hope we gave them some good soundbites!

Finally, it became really apparent that our issues pale in comparison to the issues most of you have had to endure.  Sure, we complain about squeaky floors, water leaks, standing water, and cold rooms, but some of you have much bigger fish to fry.  We were humbled by the severity of the issues that others were dealing with, and from now on, will consider ourselves fortunate.

So now what?  Well, we’ll still keep reporting on all the news that Mr K generates.  We’ll keep posting your stories, and hopefully, we’ll start recording some of your successes.  The Channel 19 News story will air sometime later this or next month, so watch for that (we’ll post as much as we’re legally able to on this site as well!).

Keep commenting, keep emailing, keep fighting.

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!

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.

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.