Tremont Homes Complaint - Shoddy Home Construction/ Defects builder refuses to repair - now Homeless

Review by torment towers on 2006-05-10
HOUSTON, TEXAS -- It is one thing to be made homeless by and act of God like Katrina, but quite another to be made homeless by unconscionable greed.

Permits granted and the property is uninhabitable, walls removed by the builders to patch and cover up defects right down town in numerous homes in Hydepark and no permits were issued for all the repairs, and none were disclosed to the buyers. Insurance claims denied because of substandard construction. 87% of the leaks are coming from the roofs and the city does not check them. Over 2000 people lose their homes in houston every month. Many more than that really.What good does it do to throw up housing and make more housing available if the new owners cannot afford the repairs and the upkeep on all the defects, and are made homeless. Many of these dump these houses on other people just making the problem grow. Builders are protected the consumers are not. Some one is really dropping the ball.

If someone told you that Texas was an ADR state and that you have to go to the TRCC for RCLA and SIRP because you know longer have the DTPA and you will end up in AAA. Would you have any idea what they mean?

This is the acronym abyss; consumers find themselves… if they are the victim of bad builders.

ADR, Alternative Resolution state… you no longer have seventh Amendment rights.

TRCC Texas Residential Construction Commission…New agency, that so far has only meant delays and regulated the consumer retroactively, but not the builder.

RCLA Residential Construction Liability Act or Requires Considerable Legal Assistance.

SIRP State Inspection Resolution Process…you must write your check to file a complaint. ($350-$650)

DTPA Deceptive Trade Practices Act…an act that protected homebuyers from deceptive trade practices, which was nullified by the passage of TRCC

AAA American Arbitration Association, A demented collection agency that works at the behest of the builder. A process that is not cheaper than the court is not fair and is not equal. Without bad builders the repeat clients like my builder, Stature Construction Company, AAA a non-profit agency, would not post incomes in access of 83 million a year.

Our Builder Stature Construction/Tremont Homes:

Most recently Mayor White, at the agenda meeting in January said the city would not enter into any more contracts with anyone associated with the companies presented. These companies were led by, or in some way affiliated with Jorge Casimiro, Thomas Thibodeau and Armad Al Banna. .

Councilwoman Ada Edwards held up a file on these different companies, last year and again at the January agenda meeting, it contained complaints she had received on Casimiro and his associates. She stated these were complaints about this unscrupulous builder in her district.

Mr. Norman Chapa, was an agent on many of these companies and a director. He is presently awaiting sentencing on federal charges, which he pleaded guilty. Mr.Chapa was head of the warranty division for the developers of Hydepark my subdivision, and others.

Mother Jones, national magazine did a seven page expose on Casimiro and friends. They also spotlighted Mr. Casimiro’s lawyer, William Samuel Chesney, the third, esquire, not answering truthfully.

People Magazine gave Casimiro the honor of being listed under "Contractors from Hell."

Casimiro has outstanding judgments filed with the court that remain unpaid, see Barbara Luke Jones v. Stature. There are numerous liens and subcontractors that remain unpaid. According to court records, in civil court there have been over 50 cases involving Casimiro and cohorts.

Mr. Casimiro is also involved in a lawsuit with five of my neighbors, who do not have arbitration clauses.

Casimiro is also being sued by Great American LLoyds Insurance Company v Stature.(#2003-16820.) Speaking of our subdivision, Hydepark Jorge Casimiro in sworn testimony states:

"project damage includes roofing systems...resulting in water damage, penetration to interior of the units, the interior units damage includes sheet rock, insulation, wall studding, electrical wiring, and boxes, plumbing, A/C duck work, flooring... both wood and carpet and interior painting".

This man is on the Harris County Housing Authority and still allowed to build in Houston. He was appointed by long time friend, Judge Robert Eckels. Judge Eckels told me he appointed him because of his knowledge and experize in the building industry, So now he helps to develope housing for the poor and elderly.

Casimiro further states he was aware of this damage in 2001 and sold us our home in 2002. Is this not fraud?

Casimiro is suing the roofer and also many of the subcontractors. Stature v Aztec Roofing. I find it particularly upsetting that they refer to my house, # 34 in their case… to point out major defects, and use as exhibits, my letters begging them for 29 months to fix my house.

Casimiro and cohorts use arbitration to hide from responsibility. We are being denied our seventh amendment rights. We have no access to a trial by jury. Casimiro’s Lawyers have unbelievable experience due to the numerous cases they have had to defend.

Judge Kent Sullivan has just compelled us back into arbitration, after our case was dismissed by the arbitrator. We were dragged though the AAA process for eight months and were dismissed. How many times can you be taken to AAA against your will? Stature Consturction/ Casimiro filed on us.

Mr. Casimiro uses the American Arbitration Association to silence victims. See Stature v Keith Kidderman. There were three other cases involving Casimiro and Chesney going at the same time. Chesney did not like the way an arbitrator, Marcy Higbee was ruling during one case, so he took it back to court to get his way. Stature’s lawyers have the option of going back and forth from court to AAA, but we have no options.

We continue to be punished, for not buying and shutting up.

(There has been a doubling of Home foreclosures in Houston since last year, that number is not accurate. Bottom feeder investors come out of the wood work, as soon as you are posted, and offer to keep a foreclosure off your credit record.... if you give them your power of attorney. They go to your Mortgage company...they buy your house at a much reduced price, you lose your home and investment: however, you do not have ruined credit, as we do now. We had stacks of these offers.)

These investors cover up defects, which do not have to be disclosed in foreclosure, even if they are life threatening and dump them on the next victims. Some in our new subdivision have had as many as five owners. When you begin to multiply the homeowners adversely affected by this builder, it is unbelievable, unconscionable and unforgivable.

Our home owner’s insurance claims are denied because insurance does not cover substandard construction and builder defects.

Many of us joined with other subdivisions and Tremont Tower and went to the Attorney General's office in Austin. We were sent back to the Houston office. Mr. John Owens, Sr legal for the AG's office here ... tells us the Attorney General's office, says there are numerous claims against the builders, but the AG’s office has neither the time or staff to pursue.

There are other companies linked to this group in other states, especially ones with laws benefiting Mr. Casimiro brand of business.

There is University Development LLC in DE. no registered agent on file, not in good standing, (There is a University Development Inc. in Houston led by Jorge Casimiro.)

There is Stature Capital Management LLC in DE. There is a Brown Management Business Trust, in Nevada with trustee Jorge Casimiro and it is revoked. There are others and others in other states, including Florida and La.

I have heard, where there is smoke there is fire, in this case, it is more like a giant growing blaze. I ask you, is this list of misdeeds not approaching the level that could be prosecuted under the RICO statues?

In the mission statement on the Harris county web page it says, Harris County and its representatives do the right thing to improve the community where we live and work and raise our families. That is all we have ask…somebody to do the right thing.

My husband and I are senior citizens and after years of hard work we now live in an apartment. Our credit is ruined. We have lost our home. It went into foreclosure, after we were forced to evacuate. It stood vacant with others for over a year. The appraisal was $408,000 the day we bought it, yet no one would even bid at the opening bid $350,000.

This is like some John Gresham novel, except unfortunately this is not fiction…..
Comments:4 Replies - Latest reply on 2006-07-07
Posted by Hugh_Jorgen on 2006-05-11:
I'm sure there's a specific complaint in there somewhere......
Posted by Anonymous on 2006-05-11:
Hugh when you find it clue me in my friend, thanks!
Posted by S. on 2006-05-11:
I didn't know we should use m3c as our own personal blog. Think I'll start one about all the green shingles put on roofs when our city council says they have to be blue with grey spots.
Posted by Lemonlady on 2006-07-07:
Arbitration: The privatization of the American justices system.

Do you think arbitration laws do not apply or concern you? Do you have a new home, a car, visa, master card, discover card, american express, storage room, cellular phone, or have signed any kind of contracts, then you are bound by arbitration. You no longer have seventh amendment rights.

Most people do not realize these seemingly insignificant leaflets in there bills, are not privacy act nonsense or marketing offers. These little, well written legalese flyers are informing you ... that by continuation of services, you have just given up your right to a trial by jury and access to the courts

Because jackpot justice and lawsuit abuse needed to be contained, big business saw it's opportunity. Using this as it's madra, big business has taken over consumers lives with the ease of a stealth bomber. Frivolous lawsuits stop being frivolous when they happen to you.

Consumers were spoon fed an egregious spin on the arbitration process. Torte refrom/arbitration was going to: free up the courts, lower insurance rates and be faster and cheaper. Have you noticed how none of these things happened? Big business now has a built in clause to protect them from any responsibility.

No where is the public informed that most cannot afford arbitration. The costs are astronomical. Private companies like the American Arbitration Association, (AAA) now have complete and unrelenting power over every facet of citizens lives. No longer can consumers avail themselves of the court system, a system they pay for in their taxes. Subterfuge, half truths and lies abound when trying to get straight answers about arbitration. Can you afford fifty to a hundred thousand dollars to protect yourself? Most consumers can't ... big business knows this and uses it to their decided advantage.

In arbitration the rules of law do not apply. It is a secret kangaroo court held behind closed doors. No media is allowed. Most victims of arbitration come out in shock, many are under gag orders, referred to as secrecy agreements. Consumers are lambs to the slaughter and clueless when they meet this big bad wolf.

In arbitration the burden of proof is on the consumer. Consumers must pay for an attorney, expert testimony, case service fees, filing fees, arbitrators fees (sometimes up to $3000 dollars a day) and even the rental on the room and the stenographer. If you do not have the ready cash... you will be ask to provide your credit card information ....so they can charge to your account as costs accrue. Then you can be paying off arbitration fees forever. With the new bankruptcy laws that protect big business and the rich, consumers can no longer get relief there either.

Consumers who study the arbitration process learn quickly not to file. This sets up the
win-win for the perpetrator. They also know if you complain to loudly they can threaten to file on you. You will never be free of this insidious clause. Consumers are trapped by any dispute rising from claims, past, present or future. In arbitration even blatant, fraudulent activities are protected.

Big business has the arbitration system down pat. Their legal teams, lobbyist, arbitrators and wealthy cohorts protect each other. These businesses are the repeat clients of the arbitrators and AAA, this alone comprises fairness. Most consumers, after arbitration find themselves in bankruptcy, foreclosure and emotionally as well as financially devastated. They won't be repeat customers.

We have been in arbitration and speak from first hand experience. The courts uphold arbitration decisions. There is no appeal. Until the public becomes aware and educated this privatization of the legal system will continue.
We the people are the collateral damage of torte reform. Jordan Fogal

jfogal281@aol.com 3003 Memorial Court #2402 Houston, Tx 77007 Please google my name for more information

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