Our Homes in jeopardy, Any lawyers out there?

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turn1

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Berger Mo
My family of 6 live in a 16' x 74' mobile home on a mini farm outside of Berger, Mo. approximately 85 miles west of St. Louis. Last year in
July we bought this place, rented out our nice ranch home in New Haven, Mo., to live our dream on a little farm. We could not sell our home due to the housing market. There used to be a log cabin on our property but it burned down 10 years ago so the family that was here decided on the mobile home. It also has a big barn, chicken house and several out buildings. This has been my dream since a child on my Grandmas' farm. When we purchased this place we wanted to build a house and let someone else take care of all the details of hiring of contractors. We have heard many horror stories of people not showing up to do the work, getting inspections etc. We live in Franklin County and the codes are strict. I, the man of the house, decided to look at a double wide manufactured home on a basement with the consent, as always, of my wife. I would be unable to take care of any plans, permits or contacting contractors due to my business consuming a lot of my time. She was reluctant at first because the first seven years of our wonderful marriage of nineteen plus years were lived in a small mobile home. Clayton Homes seemed to be reputable so we decided on them. They are in Villa Ridge at hwy 44 and 100. When we went to look at them my wife fell in love with an almost 2000 square foot home. Very spacious with four children and it seemed to be a lot of bang for the buck. In March of 2007 we started our venture of a new home. The no down and low interest, as advertised, was very appealing to us. We were told, by Clayton Homes, it would take 90 days tops.

The first process was financing. We decided to go through Clayton Homes for that since they did offer the no money down option. An appraiser was sent out to look at our property; actually, it was not the appraiser herself, but the appraiser's sister who was doing the appraiser a favor. Approximately $25,000.00 was what the appraisal was done at. I would like to be able to find property like ours for that much in Franklin County. Ronnie, the manager at Clayton Homes, said that they had had problems with this appraiser before and would no longer be using her after our incident.

They sent another appraiser and went with another bank to do the financing, as Clayton Homes, for some reason said they could not finance our project after the first appraisal. They then referred us to Southwest Bank in St. Louis, with whom we applied. When they sent us forms to fill out, it was for an ARM (adjustable rate mortgage). That was out of the question for us. We went as far as to cross out the space where it said 'arm' and wrote in 'no arm' and initialed it. We called the bank and Clayton Homes and they both stated that was a mistake and it could not be an ARM with this type of purchase. That was great so we waited. And we waited. More paper work came and we did the same thing. We crossed out where it said 'arm' and wrote 'no arm'. After waiting for five months, closing date was on July 31, 2007. We were very excited on our way to the closing. When we sat down to sign we found that it was indeed an ARM. We had already put down $1000.00, at that time; we were indecisive and debated on whether or not to just walk away. It had been five months and a long, hot summer, in our 16' x 74' mobile home with four children. At closing, we were told by Sheri, from the title company; that the bank would roll the loan over to a 30 year fixed mortgage after all of the building money was spent. Again, we debated, but trusted what they were telling us and we reluctantly signed. We went home not too excited. I (Bill) felt like we had made a big mistake.

The loan officer at the bank which handled our loan is no longer there and we recently told they will not roll our loan over to a 30 year fixed. We will now have to refinance and put out more money for refinance charges but there is much more to the story. This was supposed to be a turn key operation. In September they finally got started. This was not by the contractor who gave the first quote because he did not have time. So they hired a plumber, John Boston, as general contractor to hire all the necessary people. He to took his time but the third week of October the digging began. Week after week the project was put off, promise after promise turned into lies they were all to "busy". We were told 30-60 days, 90 tops to build the home. That turned into 14 weeks. Another lie. I became so frustrated; I fired the general contractor and told Clayton homes I would take over. They agreed. I had to hire people for the electric, septic, and plumbing, that was not problem, as I know a lot of people in those fields. The septic is now complete, the electric and plumping until the home is on the basement. It is now the 9th of December, the contractor Clayton Homes hired to set the home on the basement promise to complete the job before the rains. Many days passed with fair weather, but they had families waiting for their homes that Clayton Homes told us began before us. It has been almost 10 months, something is wrong here. I was told by the project manager, at Clayton Homes, in Villa Ridge they needed to hire someone, to overlook all these jobs because they were way behind on all the promises they had told the other families, waiting on their homes. It is now the rainy season. My property is now a mud bath, and my basement is filling with water and mud. It has been raining for several days now. Last Thursday, I was told by the installer of the home they would be here Thursday to complete the home. Thursday evening at 5-5:30 pm, here they come in the snow, sleet, and rain. The weather man was right again. It was quite a sight, I just shook my head. I was I could express our frustration in the paper but that is in possible. Half the home is on the basement, and half sits in the mud. Oh but there is more. I received a call on Thursday from Linda at D & L Contract, stating they are putting a lean on our property as they have not been paid the full amount. Nor has anyone been paid except John Boston, the second general contractor. He has been paid 19,000 dollars and did pay the excavator what was owed him. John Boston also said he was not paid by Clayton Homes enough money to pay everyone. On paying the 19,000 a lean waver was not exchanged with the money at least not the correct lean waver. As a matter of fact, we do not have any lean wavers from anyone and were told that all those not paid, by John Boston, are pursuing liens on property. At the end of December it will be five months since closing, if the weather man is correct, as he usually is, Christmas will come and go and no new home.

It is now the 13th day of December and the home is on the basement but has a bent frame from installation. I also received a call last night from the regional office of Clayton Homes and was told they would not pay twice on any of the work completed and it's my problem if the contractors put a lien on our property. I was also told if I didn't accept the home the would buy it back and take it off the basement

Would a lawyer do any good? Thanks, Billy J.
 
Thanks Dun, Did that Monday But have not heard anything yet. Guess I'm a little impatient.
 
What I meant to say is I haven't heard back from them yet. That's the reason for my impatiens.
 
turn1":vf734kab said:
What I meant to say is I haven't heard back from them yet. That's the reason for my impatiens.

Rattle their cage again!
We have a local contractor that's currently sitting in jail for a bunch of things that stem from collecting money and not paying his subs or finishing the jobs. From what I've seen of the general contractors in MO most of them should be in jail.
 
Would it help to talk to the JP or county attorney, or district attorney, Dun?

I'm with, Dun, rattle that cage again. Heck even if you have to go sit outside a SAG's office until you get seen, keep rattling the cage!

Alice
 
Alice":3804losq said:
Would it help to talk to the JP or county attorney, or district attorney, Dun?

I'm with, Dun, rattle that cage again. Heck even if you have to go sit outside a SAG's office until you get seen, keep rattling the cage!

Alice

It took more horsepower to get the local putz arrested, that why I figured the state level was needed. Also the contractor should be licensed with the the sate. Might also try the better business bureau
 
Wow! I'm with the others. I would continue to contact the State's AG office. I would also check with an attorney (using a free initial consultation visit) to see if you can get the work finish, the frame/damage repaired, and get reimbursed for the extra costs, maybe even time, and any attorney fees paid for. Contacting the Better Business Bureau might alert someone considering dealing with these people and help them avoid the problems you've had.

These folks would be my new hobby.

When you get it all settled and you're in your new house, we can have a cattle forum house warming!
 
branDcalf":2sbdcm5g said:
Wow! I'm with the others. I would continue to contact the State's AG office. I would also check with an attorney (using a free initial consultation visit) to see if you can get the work finish, the frame/damage repaired, and get reimbursed for the extra costs, maybe even time, and any attorney fees paid for. Contacting the Better Business Bureau might alert someone considering dealing with these people and help them avoid the problems you've had.

These folks would be my new hobby.

When you get it all settled and you're in your new house, we can have a cattle forum house warming!

These folks would be my new hobby.

Oh, yes indeedy!

Alice
 
I've already contacted SA and better business and they told me they are checking in to it. BBB that is. Even contacted channel 2 news in st. louis. I will indeed keep up with the SA. Can't give up now. Thanks for all the responses. I'll keep updates coming when I learn more. Been a long HOT summer. Looking forward to that house warming party branDcalf. Thanks, Billy J.
 
Just out of curiousity did you get it in writing that the house would be delivered in 90 days?
You have my sympathy on this big mess. :(

Had a sub contractor try to screw us out of money in a gravel deal. we learned our lesson. have everything stated in writing.
We got our money, but the poor rock crusher owner got screwed out of $25,000.00 plus.
 
I'm so sorry this happened to you!
Contact your local investigating news reporter-the more light you shine on thid snake the better..
Good luck-hope to hear good news soon..
 
Clayton finances everyone themselves through Vanderbilt Mortgage. The reason Warren Buffet bought Clayton Homes is so that Vanderbilt Mortgage would have something to do. Why were you unable to use them?

Are you talking about the Clayton Dealership where you bought the home or Clayton Homes themselves?

Mobile Home dealerships are a bunch of theives and crooks. And there is forever a fight between your dealer and the factory where the home was built over issues of quality and service.


I don't know if this is a service issue, a finance issue or a contractor issue. The factory may not know anything about what's going on. There's a big difference between Clayton Manufactured Housing and a guy who owns a lot on which Clayton Homes are sold. You chose a house at the lot and the dealer ordered it from the factory.

Sounds like a contractor issue to me. If the dealer isn't getting paid then he'll come get the house. It has nothing to do with Clayton Manufactured Housing, per se. I don't know why you keep mentioning the name of the company. Mention the name of the dealer and the lot. They hire the folks that set the house. And the fellas they hire aren't likely to care about the quality of their work. Better to hire someone yourself that you can get good references on.

Clayton, and pretty much all the manufactures of that type of product, build a good home. The manufactured housing industry is one of the most heavily Federally regulated in America. Sometimes individual homes have problems. Big ones. But most of the time, the problems happen after the sale when the house is set in a mud hole, or damaged in transit.

If there is an issue with quality or workmanship, then the plant where the home was built will fix it to the way it should be. If your dealer is trying to blame all this mess on the factory, he's not being truthful with you.

Sorry if this offends you. There's a lot of misinformation out there. You should fifure out who you need to be mad first and attack from there.

My husband works for the company. They have plants all over. He tells these stories all the time. I don't live in a Clayton Home, but I prolly will end up doing so at some point. I'd be proud to own one, but would only have it set up by people with a good reputation.
 
TNMasterBeefProducer":2b4nxsz9 said:
Honestly, I dont know about there in mo but I did ask my attorney here in tennessee. He said since you signed the paperwork and they have it in writing that you are pretty much screwed. He did say that if the contractor that was used didnt pay his subs they could take liens out on your property. He said you might be able to take Clayton Homes to court be said it would but a long up hill battle that you will more than likely loose. Dont mean to rain on your parade Im just relaying what he told me. He said never never never sign paperwork where you have to cross something out like that. He said if it isnt right from the beginning walk away.

I don't believe that Clayton Homes to court. Maybe the dealer who sold the home. The factory didn't do anything wrong.
 
I have a friend that won a sizable judgement against Clayton Homes. There's not enough room to type the entire story here.

I'd do a little web searching on them. You might be surprised to not be alone.
 
The first thing you need to do now, is have a reputable attorney
look over your contract.

If the company/corporation you are in contract with is liable, the experienced attorney will know in short order.

If there is a liable, your attorney will be eager to to go to court, or more likely settle before it goes that far.

All corporations operate with liability insurance. Court costs, attorney fees, interest, loss of income, extra rent cost, and a number of other expenses are usually added to the settlement.

Attorneys are anxious to take on law suits against insured corporations.

But, there will have to be a clear cut case. Whats in the fine print?

Good Luck, mnmt
 
I hate to say this, and not just cause the company in questioned pays my bills, but after carefully reading the entire post again and again, this is what I am seeing:

You are mad at the dealership that sold you the home.

The contractors were crooks.

Mobile home dealers, a lot of them, are crooks.

You didn't finance through Vanderbilt Mortgage. There's a reason that company is not into the sub prime mortgage collapse. They don't make risky loans. You had to use a lending institution that would work with you.

It is very hard to get conventional financing on a mobile home.

What part of that whole thing is Clayton Homes fault? If the frame was bent during the installation, then that is the dealer's responsibility to fix at their cost.

After that dealer buys that home and it leaves the factory, it is no longer that plant's responsibility unless there is something covered under warranty or their is a defect in the home.

Don't get mad at CMH. Get mad at the stupid crooked dealership that sold it to you. He may or may not actually be a part of the Clayton organization.

This has been a really stressful event for your family. I once bought a HUD home, our first home, and it took forever to finance. It was so stressful to think about every day, not knowing what was going on and hoping no one is ripping you off.

I think you have a really bad case of buyer's remorse. It is totally understandable. I hope everything works out. I really do feel bad for you.

Edit: Wait! Am I to understand from your last sentence of the post that you were offered a buy back? What better remedy might you seek?

Is the dealer buying it back or the manufacturer?

If either of them offered this, you are one lucky duck. It doesnt happen often anywhere.
 
The name of the dealer is " Clayton Homes of Villa Ridge". They are the ones that hired the contractors. The homes are absolutely beautiful. The factory did nothing wrong. Solely the dealers problem because they have had numerous problems with this particular contractor before. The dealers are responsible for obtaining a lien waver which they failed to do. My bank told me yesterday they will not pay the dealer unless lien wavers are in hand. The factories did a great job on building this home although I did receive a call from the corporate office in Tenn. stating it was not their problem. They, Clayton Homes Corp. Office did say their lawyers will look into it but will not pay twice for a job. The dealer in this case represents Clayton Homes and sells under that corporations name. If my salesman represents one of my products or my customers receives a product/pricing not according to purchase order, my business is still responsible for making it right. Even if I do fire that person, I flip the bill. ( or loose a customer ) In this case the unfortunate thing is I am a one time customer. They did complete setting the home on the basement yesterday at my surprise. They do not want to loose this sale but at the same time the do not want to complete the job which includes payment to contractors they hired. They do know my bank will not pay until lien wavers appear. No, the 90 days was not in writing but verbal. I accept that and realize integrity or truthfulness, in some, has long disappeared. I accept that. ( still a shame). In between a hard place and boulder. It is inevitable that this will work out some how. Their is a positive factor here. I have learned to be more thankful about all things. Especially for my wife and children who has handled this exceptional well. And for this little 16 X 76 mobile home we pray in. I am also thankful for ALL the responses. I learn something from ALL opinions given. Thank You, Billy J.
 
In responce to the fianancing, it was the low interest rate that was appealing to us and could not get from our bank. Why they did not resume financing, after the 1st " so-called " appraiser, Is still a mystery to us and Clayton Homes. The 2nd appraiser had no problem. We have never had any problems with our credit, Thank God. As I stated in my introduction, if we would have known the loan was an ARM, we would have not pursued it. I do know we are responcible for signing at closing. It was not an easy decision to make but we had already waited five months. That to was our fault. I did forget to metion that the bank, or representative of the bank, which is no longer there, stated it would roll over into a fixed loan. Now, when setting down to close on a loan, I am convinced now a lawyer should be present. But most people know that is not the norm. I must admit, and am not ashamed to say, I havn't a clue as to what most of the contract says. Most people are at the mercy of the what the title company and/or bank explains refering to the contract. Maybe I shouldn't say most people and just say me and my wife. I need to be fair. The biggest issue, at this point, is the leins on our property. The general contractor that was hired by Clayton Homes was paid a substantial amount, 19,000 dollars, and paid only one sub-contractor. Again, the lawyers of Clayton Homes said they will not pay these sub-contractors that were not paid by the general sub. I did not hire the subs. Clayton Homes did. Mind Boggling to me. PLEASE KEEP THE ADVISE COMING. It supposed to snow here in mid Mo. I think I'll take my dogs and go rabbit hunting. Everyone have a great day!!!!!!!!!
 
My goodness, what a mess... I'm no attorney and quite frankly try to avoid them if possible (no offense to any legal eagles on the board)

1. Yep, an attorney is needed.

2. Detail out and document a log of payments made, services received, who filed preliminary notices (preserving lien rights, etc.) so you know who's been paid, who's yet to pay

3. I think on the adjustable rate mortgage you may be able to lock in an interest rate with your existing lender based on something I read regarding the government requiring them to do this if you got your loan in a certain time period... you need to work with your existing lender to lock in the interest rate and NOT refinance because you will not be able to do that with liens unless you pay the liens, etc. and you will need time to sort out what the old contractor should have paid, etc. to recover that money. Try a search on msn money pages or something of that nature to find the information on the "government buyout" issue for the sub-prime crud-o-sis.

4. Research, research, research

5. Patience, patience, patience

6. Ask and question EVERYTHING, don't assume anything told to you is fact -- act like a 3 year old "Why this?", "Why that?", and of course "Why not?"

7. More elbow grease

8. more research

9. repeat steps 4 - 8 as required until you break through it.

Good luck with this, it sounds like you have a long way to go, but in the end it will be worth it.
 
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