Tremont Homes

In 2002 we bought what was to be our last residence. We are senior citizens. Our builder Tremont/Stature knowingly hid serious defects and committed fraud against us. They knew the house had a horribly defective roof, walls had been removed and one of the showers had even fallen out. They had hidden all the defects and refused to admit them or take responsiblity, as the defects continued to present themselves. The builders had everything covered up durning the inspection we paid for. But without destructive testing there was no way to know the walls were full of water and mold.

The ceiling in the dinning room fell in... our very first night in our new home. All the water from the garden tub above flood our 3 story home and hardwood floors. It was a brand new home, apprased at $408,000 the day we bought it. The builders Tremont/ Stature refused to admit their prior knowldge until they were behind closed doors in arbitration. We had over $150,000 in defects they said could be resovled for 5,000. They admitted that was not an accurate figure in arbitration. They had 3 cases in arbitration I knew of going on at the same time as ours. But not with our subdivision with others.

The builders and arbitrator refused to allow the media acess. This was behind closed doors and the builders did not want a public trial to expose their mis deeds. They have done and do everything they can to keep all this from public exposure. I have done everything in my limited power to do the opposite. One of the builders lawyers argued that a jury would have no construction knowledge so arbitration was best. The builders knew they had defective roofs on 37 out of 44 houses in just our neighborhood. So they took out insurance when they realized it and incerted an arbitration clause in our contract. Many of our neighbors were able to sue. These are multi million dollar builders. They also get millions to build for the poor and elderly in Houston. I have tried to stop this practice.

When the builder sued his own roofer they used our home as their example of the most defective saying they had run a hose on our roof and it flooded the house so badly they had to even remove the wet insulation in the attic. Yet they still did not make the repairs and also hid this from us. But it is in public records.

Over 40 home owners prepared documentation with pictures and we took it to the DA but he refused to assist us. We also went and filed to the attorney general who said we never filed, no matter how many times or how many of us did. This story has been on all the TV stations in Houston. Tremont/ Stature was listed in People magazine under contractors from hell. The Better Business Bureau called them the same and used them as their poster child for bad business on the cover of their bullitin. They acused them of shadow companies and unethical behavior. They were also the subject of a 7 page expose in Mother Jones Magazine. I also sied them when testifing before a congressional committee in Washinton DC to show how unfair the use of arbitration was to consumers.

Yet those in power allow this destruction of consumers lives ... not just our family, but entire subdivisions. They continue to look the other way. This is a horrific version of the emperor with no clothes in this land of pay and play. If this along with the associated mortgage fraud was exposed in Houston it would make Enron look like a parking ticket.

Our home became uninhabitable. We had no alternative but to abandon it and look for other housing. Not only was it falling in, it was making us very ill. We were also ordered out by our Doctor. We could afford our payments and it was a fixed 6% for 30 years on a home that lasted less than 29 months. Bank repos have since covered up /hidden defects and dumped our house on 4 other families... they too have gone into foreclosure. It is truely a toxic asset. Banks do not have to disclose defects, neither do the realators I personally informed and reported.

Our home is now once again listed and waiting for its next victim, for $260,000 or less, mentioning minor sheet rock repairs needed. We lost our down payment and all our upgrades. We lost all the money for inspections (thousands) trying to prove to the builders, what they already knew. We had to have alternative housing storeage rooms for our salvagable things. We had to move twice. We had doctor bills, attorneys fees. We were devistated: finanically, emotionally and physically.

We went though arbitration once and were dismissed. So we proceeded to the courts. We went to ten hearings showing each time clear evidence of fraud and the courts forced us back into arbitration. One of the judges got so disgusted with the builders arrogance she put an interest penality on the arbitration "award", a worthless piece of paper. Our award did not cover even our aribtration costs. She did not "award" us attornys fees and even with a ruling of fraud she refused to allow us a trial by jury or a fair settlement. We lost our home and our credit and years of our lives and she could have cared less. She refused to tell us how she arrived at her verdict... even though we had applied for that information pior to the arbitration proceedings. We knew the builders would win and wanted her to have to say why.

The arbitration company told us if we filed for that information she would give it to us after her verdict. But she refused. That time arbitration cost us $30,000 dollars not counting legal fees. Then we went to the appeals court in Houston, Texas. They ruled against us. Then in "en brac" the builders won again. So now we prepare to file to the Supreme Court of Texas. The builders and their lawyers have tried to ruin my reputation along with our credit.

They build majorly defective houses. dump them on the public,change the name of the company and build on...they threaten you with arbitration if you complain and they have the process down pat. The arbitrators are chosen and taught by the builders... they cooperate or they do not work. They commit fraud, they lie and no one seems to notice or be surprised. 37 out of 44 of the houses in my neighborhood had major defects. Ours is not the only one they are all around us. Their lawyers know how to eat up a retainer before your check clears. It is a maze of deceptive practice that causes banrupcey, foreclosure, and financial ruin. Yet they get away with it. Some times they have as many as 3 cases in arbitration at a given time.

They say they only want to fix our houses to the media and that we refused and let our houses ruin. That is a pat excuse to excuse themselves.Always acusing others. Never excepting responsibility for what they have done.

If arbitration is so wonderful why is it manditory and why do the builders use it as a threat?

Hundreds of thousands of us are in this situation and foreclosed on and listed as subprmes but we are not subprimes we are substandard construction.

Fear Factor.....and now for the rest of the story.....We are foreclosure victims and it had nothing to do with sub-primes only bad builders and Arbitration clauses.

Are you sure your new home is protected? Are you sure your family, will not join the growing ranks of the homeless? Are you sure you understand arbitration and tort reform? Are you sure that the American Arbitration Association, hasn't stealthily already entered every phase of your life?

Do you think you still have the right to a trial by a jury? Do you still think you can sue anyone who wrongs you? Do you still think frivolous lawsuits are those that happen to other people? Do you tire hearing any more about big business flagrantly squashing your rights? Do your eyes glaze over and your mind shut down when you hear all these things? Are you bored by this rhetoric? Is it all just to complicated for you to understand? I understand.

But, please read on. Because you have been majority deluded, confused and overwhelmed ... just so these things will slip right by unnoticed.

If you have a new home, new car, a car lease, a Visa, Master Card, American Express, Discover card, bank account, a cell phone, a storage room, electricity or even an exterminator. YOU have given up your seventh Amendment rights. You have given up your seventh amendment rights, you cannot sue any of these people. Sounds crazy doesn't it? Well, call any of them and ask if you have an arbitration clause in your contract with them ... because you do.

We are bombarded daily, with harassing telemarketers, a mailbox full of trash offers and clutter ... our bills are stuffed with slick adds and offers. We don't have time to read all this junk..... And therein lies the problem. Big Business knows you don't. We are the new hurried, fast food, drive by cleaners generation, the multi taskers.... with more on our plates than we can handle. So big business has used your over burdened life style to their distinct advantage.

You are screwed. Those little offers or things you think are privacy propaganda, in your bills, they aren't, they say if you continue to use our services and do not pay off your account immediately you are now accepted the following terms.....You have now accepted arbitration ... and you didn't even read it.

Not one person in this country, is not bound by an arbitration clause and the shocking part of it ... most don't even know it. But you will, when you become one of the enlightened and destroyed. And believe me you do not want to be.

Ignorance is bliss ... and you can remain blissfully unaware of the dangers lurking, that threaten you, your family, your home and your livelihood. But when it hits you, it will be, a rude awakening ... like a two by four right between the eyes. AM I am trying to scare you? You bet I am. Because many of us do not have the time to watch fear factor, we live it daily. And, you may have just signed on for a guest appearance.

Take your home for instance. You made your down payment. You make your payments on time, you paid your property tax, you have homeowners insurance. Your investment is safe. You are living the American dream. Not so Kimosabie. You have rolled the dice with your future, put all your money on the pass line, and you weren't even aware you were gambling.

Example: You have a lovely new home, all decorated, a manicured lawn, a place for your stuff, and somewhere to come home to. But what happens if you start having problems with that new house? You just call your builder for repairs right? What if he doesn't answer your phone calls, faxes, or emails. What if the problem continues to worsen ... as you try to get him to live up to his moral, and ethical responsibilities. You say well I have a contract. And you do.

Now..... you will take the time to read, all that raft of papers that were shoved at you at closing. Uh oh...earnest money contract, arbitration clause. Closing papers arbitration clause...warranty papers arbitration clause.

Your foundation is cracking, your walls have lines that weren't there before, the carpet is damp and your house is taking on a musty smell. Your children begin to be ill and Fido's' hair falls out. What are you going to do? Your wife is frantic. She is calling neighbors, many experiencing the same sort of problems. Many do not want to admit it and patch up and dump. Some will get by with it, until the new owner sues them. Yes, the new owner can sue you, just can't sue your big builder. Big business, little business that is how tort reform works.

And yes, you all paid to have your house inspected and had a relator and you called them all. You can start at the governor's office and they will refer you into a vortex of time-consuming, catch 22's that will make you crazy. You will end up lastly at the Heath department. They can try to help you find temporary housing ... soon, or maybe later....if you qualify and of course fill out the paper work.

You have now filled out paper work for every agency in the state. You stay up all night filling out this waste of time. Then bleary eyed drag yourself to your day job. No one understands. They think you are a real putz and offer you their lawyer's phone number...thinking you just are not smart enough to handle your own affairs. Little do they know...yet.

They think they are not in any danger...and that you just do not understand how to hand these things.

You call you insurance company...you know that agency that has you safe in their out stretched hands. That agency you pay those hefty premiums to each month. Guess what, substandard construction and builder defects are not covered items.

You are on the phone with your lawyer, he has looked over your papers, and informs you, YOU cannot sue your builder, you have signed an arbitration clause.

You say, well lets arbitrate ... it is faster and cheaper and my house is deteriorating as we speak, my investment is being destroyed. He really doesn't want the case, but will take it for a substantial upfront fee. He knows neither of you are going to be happy with the outcome, so he gets his upfront. Many of these legal eagles also have arbitration clauses in their own contracts. The contract you must sign to have legal representation. And you have to have a lawyer no matter what AAA arbitration tells you.

Your shower falls out. Black puffy balls are growing out of your carpet. Your windows are leaking, your hardwoods have begun to buckle, the children are sick, their eyes are all red, they have constant sore throats, you are having migraines you think from all the stress, your wife is crying, and her nose is bleeding ...and your cat just died. ( Am I Exaggerating ... No unfortunately, I am not.) I am just reliving part of what happened in our neighborhood, compliments of our greedy, unethical, unscrupulous builder. He sold us our homes after filing a lawsuit against the roofer and subcontractors with no disclosure. Yes, I said, he sued ... the big boys still have the right to sue, this only applies to you and me, the little guys.

Arbitration is great protection for the mass builder. First, most of you can't afford it and second if you can roll out 30 to 100,000 dollars it is still an unfair playing field. The builders team of high priced, sleazy prostitutes can make chopped liver of you in short order. They do this for a living. In our case, one of the builders' law partners, was/is also a AAA arbitrator. You want him to rule on your case?

Why didn't you repair your own house?

First you didn't think that was your responsibility, it was the builders. Second you had no idea the amount of damage and third, when you found out how many thousands of dollars it would cost ... you couldn't afford it.

You hadn't planned on the down payment, the new drapes, the new lawn mower and then repairs? TO A BRAND NEW HOUSE! Did you figure an extra 20 to 150 thousand for that in your budget? Like us, you probably bought a new home so repairs would not be an issue.

Well, guess what else you can't afford? You can't afford arbitration. Nobody tells you what it costs. The American Arbitration Association will not even give you a total cost, but if you can't afford it ... they will be more than happy to send you a form that authorizes them to just charge all their monstrous fees as they occur, on to your credit cards. How ever many it takes. Do I have you attention now? Do you think you have entered the twilight zone. Well, welcome to our world.

Are you sure your new home is protected? Are you sure your family, will not join the growing ranks of the homeless? Are you sure you understand arbitration and tort reform? Are you sure that the American Arbitration Association, hasn't stealthily already entered every phase of your life? Do you think you still have the right to a trial by a jury? Do you still think you can sue anyone who wrongs you? Do you still think frivolous lawsuits are those that happen to other people? Do you tire hearing any more about big business flagrantly squashing your rights? Do your eyes glaze over and your mind shut down when you hear all these things? Are you bored by this rhetoric? Is it all just to complicated for you to understand?

I understand. But, please read on. Because you have been majority deluded, confused and overwhelmed ... just so these things will slip right by unnoticed. If you have a new home, new car, a car lease, a Visa, Master Card, American Express, Discover card, bank account, a cell phone, a storage room, electricity or even an exterminator. YOU have given up your seventh Amendment rights. You have given up your seventh amendment rights, you cannot sue any of these people. Sounds crazy doesn't it? Well, call any of them and ask if you have an arbitration clause in your contract with them ... because you do.

We are bombarded daily, with harassing telemarketers, a mailbox full of trash offers and clutter ... our bills are stuffed with slick adds and offers. We don't have time to read all this junk..... And there in lies the problem. Big Business knows you don't. We are the new hurried, fast food, drive by cleaners generation, the multi taskers.... with more on our plates than we can handle. So big business has used your over burdened life style to their distinct advantage. You are screwed. Those little offers or things you think are privacy propaganda, in your bills, they aren't, they say if you continue to use our services and do not pay off your account immediately you are now accepted the following terms.....You have now accepted arbitration ... and you didn't even read it.

Not one person in this country, is not bound by an arbitration clause and the shocking part of it ... most don't even know it. But you will, when you become one of the enlightened and destroyed. And believe me you do not want to be. Ignorance is bliss ... and you can remain blissfully unaware of the dangers lurking, that threaten you, your family, your home and your livelihood. But when it hits you, it will be, a rude awakening ... like a two by four right between the eyes. AM I am trying to scare you? You bet I am. Because many of us do not have the time to watch fear factor, we live it daily. And, you may have just signed on for a guest appearance.

Take your home for instance. You made your down payment. You make your payments on time, you paid your property tax, you have homeowners insurance. Your investment is safe. You are living the American dream. Not so Kimosabie. You have rolled the dice with your future, put all your money on the pass line, and you weren't even aware you were gambling.

Example: You have a lovely new home, all decorated, a manicured lawn, a place for your stuff, and somewhere to come home to. But what happens if you start having problems with that new house? You just call your builder for repairs right? What if he doesn't answer your phone calls, faxes, or emails. What if the problem continues to worsen ... as you try to get him to live up to his moral, and ethical responsibilities. You say well I have a contract. And you do. Now..... you will take the time to read, all that raft of papers that were shoved at you at closing. Uh oh...earnest money contract, arbitration clause. Closing papers arbitration clause...warranty papers arbitration clause. Your foundation is cracking, your walls have lines that weren't there before, the carpet is damp and your house is taking on a musty smell. Your children begin to be ill and Fido's' hair falls out.

What are you going to do? Your wife is frantic. She is calling neighbors, many experiencing the same sort of problems. Many do not want to admit it and patch up and dump. Some will get by with it, until the new owner sues them. Yes, the new owner can sue you, just can't sue your big builder. Big business, little business that is how tort reform works. And yes, you all paid to have your house inspected and had a relator and you called them all.

You can start at the governor's office and they will refer you into a vortex of time-consuming, catch 22's that will make you crazy. You will end up lastly at the Heath department. They can try to help you find temporary housing ... soon, or maybe later....if you qualify and of course fill out the paper work. You have now filled out paper work for every agency in the state. You stay up all night filling out this waste of time. Then bleary eyed drag yourself to your day job. No one understands. They think you are a real putz and offer you their lawyer's phone number...thinking you just are not smart enough to handle your own affairs. Little do they know...yet. They think they are not in any danger...and that you just do not understand how to hand these things.

You call your insurance company...you know that agency that has you safe in their out stretched hands. That agency you pay those hefty premiums to each month. Guess what, substandard construction and builder defects are not covered items. You are on the phone with your lawyer, he has looked over your papers, and informs you, YOU cannot sue your builder, you have signed an arbitration clause. You say, well lets arbitrate ... it is faster and cheaper and my house is deteriorating as we speak, my investment is being destroyed. He really doesn't want the case, but will take it for a substantial upfront fee. He knows neither of you are going to be happy with the outcome, so he gets his upfront.

Many of these legal eagles also have arbitration clauses in their own contracts. The contract you must sign to have legal representation. And you have to have a lawyer no matter what AAA arbitration tells you.

Your shower falls out. Black puffy balls are growing out of your carpet. Your windows are leaking, your hardwoods have begun to buckle, the children are sick, their eyes are all red, they have constant sore throats, you are having migraines you think from all the stress, your wife is crying, and her nose is bleeding ...and your cat just died. ( Am I Exaggerating ... No unfortunately, I am not.) I am just reliving part of what happened in our neighborhood, compliments of our greedy, unethical, unscrupulous builder. He sold us our homes after filing a lawsuit against the roofer and subcontractors with no disclosure. Yes, I said, he sued ... the big boys still have the right to sue, this only applies to you and me, the little guys.

Arbitration is great protection for the mass builder.

First, most of you can't afford it and second if you can roll out 30 to 100,000 dollars it is still an unfair playing field. The builders team of high priced, sleazy prostitutes can make chopped liver of you in short order. They do this for a living. In our case, one of the builders' law partners, was/is also a AAA arbitrator. You want him to rule on your case? Why didn't you repair your own house? First you didn't think that was your responsibility, it was the builders. Second you had no idea the amount of damage and third, when you found out how many thousands of dollars it would cost ... you couldn't afford it. You hadn't planned on the down payment, the new drapes, the new lawn mower and then repairs? TO A BRAND NEW HOUSE! Did you figure an extra 20 to 150 thousand for that in your budget?

Like us, you probably bought a new home so repairs would not be an issue. Well, guess what else you can't afford? You can't afford arbitration. Nobody tells you what it costs. The American Arbitration Association will not even give you a total cost, but if you can't afford it ... they will be more than happy to send you a form that authorizes them to just charge all their monstrous fees as they occur, on to your credit cards. How ever many it takes. Do I have you attention now? Do you think you have entered the twilight zone. Well, welcome to our world. Homeless in Houston

Contractors From HellNot at the BBB!

People Magazines May 30, 2005, edition awarded the dubious honor of being Contractors From Hell to certain homebuilders, including one from San Antonio and one that is a former member of the Houston Better Business Bureau. The company, Tremont Homes, raised a red flag at the BBB when numerous reports from consumers alleging deceptive and substandard building practices began being filed with the dispute resolution department. The initial response by Tremont Homes was that they were not the builder; rather a company named Stature Construction was to blame. Given that response, the files were closed.

But the dogged determination of one of the consumers, Jordan Fogle, and her ability to connect the ownership of both Tremont Homes and Statute Construction gave the BBB cause to reopen the files and investigate further. That investigation led to the discovery that these same business owners are incorporated under at least 10 different business names, each affiliated with either the building or building management industry. Under their Membership Agreement with the BBB, they where required to mediate or arbitrate any claims or disputes through the Houston office. A hearing was scheduled and notices were sent to both parties.

Upon receipt of the notice, Tremonts attorneys weighed in and began to assert the same ownership and corporate shell game they had used as a defense before. In the eyes of the BBB, however, same ownership equals same ethical responsibility to resolve the consumers complaints. That, plus the fact that even though they now insisted each incorporation was separate, each entity used the BBB seal under only one annual membership dues. Again, supporting the opinion of the BBB that ethically, these companies were accountable to answer the consumers complaint.

Discussions ensued regarding the BBBs acceptance of the American Arbitration Association (AAA) as an approved provider, per the wording of the Membership Agreement. It was pointed out to their legal counsel that: 1) any provider other than BBB must be approved at the time the contract is signed, not many years later at their convenience; and 2) the BBB would not approve AAA as a provider in this instance due to the overly-burdensome costs being charged to the consumer in this case. Therefore, Tremont was told to decide either arbitrate through the BBB, or risk revocation of their membership.

Tremont failed to take the ethically correct route and chose to pursue their case through the AAA. Due process was followed at the BBB and they were ultimately revoked from the Bureau. The language on their BBB report reflects the same. Ms. Fogle continues to wage war with Tremont, only to find herself being personally sued for her troubles. Tremont has also sued another of their residents in Tremont Towers for painting lemons on her windows. Last report to this office indicated that the judge at that hearing commended her on her artwork.

People magazine offered this advice to its readership Check references and contact your local Better Business Bureau. In following that advice, those prospective homebuyers that do will find out which are the Contractors from Hell and which are those to be trusted.

I am now left witha $233,905 for a home in which I can't live in, nor sell. The market value has depreciated to near $150,000...I am now homeless and have lost my entire life's savings, I have nothing left.

What does a Builder have to do in this city to be stopped?

Get fired by the city building the police station...nope

Get thrown out of the Better Business Bureau...nope

Build defective entire neighborhoods...nope

Not follow the permit process...nope

Not disclose defects, leaks and mold...nope

Hide in a tangled corporate veil from responsibility...Nope

Destroy families...nope

Cause Homeowners to declare bankrupsy and go though foreclosure...nope

Have unpaid judgements against them...nope

Have leins and lawsuits against them...nope

If our city and state officals allow Jorge Casimiro and Tom Thibodeau to continue to build...their silence is an agreement with these builders' practices and they become accomplices.

Homeless, bankrupt, soon foreclosed on, builder has no recourse for fixing the shoddy construction.