On 10/23/04 my wife and I signed a construction agreement with Clearview Builders to construct us a new home in the Blue Mountain Lakes area of East Stroudsburg, PA. At signing we gave CVB a check for the amount of $6,500 which was suppose to be used to obtain permits, blueprints, etc.. The construction agreement also stated that upon mortgage approval we were to submit another deposit check for the amount of $5,180 which we did on 11/22/04. Our closing was initially scheduled for 12/21/04 but on 12/20/04 we were told that closing couldn't occur that day because the sellers of the land couldn't make it and that closing was rescheduled for 12/22/04.
On 12/21/04 my wife and I received another call from our attorney that closing had been cancelled again with no clear reason why. When I contacted CVB the only thing I was told was that they were unable to being construction on any new homes in the month of December so my closing was postponed until 1/21/05 and I was faxed an extension letter which my wife and I signed and returned. The extension was also suppose to be signed by the sellers of the land because our land agreement had a due dated of 12/22/04.
On 1/19/05 I contacted CVB to make sure our closing was scheduled but the lady responsible for financing did not have a record of my contract extension nor did she have any information about my closing. When I informed her that I had a land contract with a due date of 1/22/05 she said she would contact the bank and get back to me. It was at that time I contacted my mortgage company and asked them if they heard from anyone at CVB and I was informed that CVB was no longer a registered builder with Countrywide and that all inquires should be made to Dennis S, the owner of Clearview Builders. I informed my attorney of what I had been told and I was instructed to let my closing date past to allow CVB to be in breach of our construction agreement. Time past as did my closing date and no word from CVB to me or my attorney. On 1/27/05 the attorney handling my closing sent CVB a letter stating that they were in breach of our construction agreement and that we (my wife and I) were demanding our $11,680 in deposit monies back.
