Nov 29, 2001 "This state sucks" One of many reactions to the mold decision by Texas Dept of Insurance Commissioner Montemayor:

• American-Statesman Insurance chief: Mold coverage must stay But homeowners may end up paying cleanup costs, higher premiums By Shonda Novak 
• Houston Chronicle: Mold order strips costs from policy   Finding, treating spread, losses from slow leaks out  By SHANNON BUGGS 
• San AntonioExpress-News State keeps 'basic' coverage for mold   By Adolfo Pesquera

The Dallas Morning News Order restricts mold coverage  Insurance companies, consumer groups object to state regulator's plan  By TERRENCE STUTZ Gov. Rick Perry called Mr. Montemayor's decision "a fair and balanced response to the no-win issue of mold coverage and homeowners' insurance."  NOTE: The Gov Mansion was remediated of mold at a cost to tax payers of $86,000.
• TDI Press Release [MISLEADING AT BEST]: Montemayor Protects Consumer Choice, Availability of Mold Coverage

Nov 28 2001 Advocacy report criticizes law group's campaign gifts  By JANET ELLIOTT  Copyright 2001 Houston Chronicle Austin Bureau The analysis of campaign contributions showed that Texans for Lawsuit Reform spent $1.4 million, with 92 percent going to Republicans. TLR's top 24 donors independently spent another $3.1 million. 

Among the 24 individuals are Houston homebuilders Bob J. Perry ($912,500) and Dick Weekley ($208,925); Enron's Ken Lay ($247,000); Cogen Technologies' Robert McNair ($354,825) and Sterling Group's Gordon Cain ($335,500). 

Nov 27, 2001 Tort Tycoons Poured Millions into 2000 Texas Elections Report Tracks Texans for Lawsuit Reform's Top Donors [Includes David Weekley and Perry Homes] NOTE: TLR is a so called "grassroots organization".

• Altogether, these 24 king makers spent $4.5 million to influence Texas politics in the 2000 cycle, with Houston homebuilder Bob Perry spending an astounding $912,500.
• Plaintiff Carlos Murillo complained that the builder refused to finish his house until he put up a yard sign that said, "Come Talk To Me Before You Buy a David Weekley Home." 
• Dick Weekley of Weekley Homes donated $126,000 to TLR and $208,925 total for 2000 elections.
• Bob J. Perry of Perry Homes donated $90,000 to TLR and  $912,500 total for 2000 elections.

Nov 26 2001 Department of Veteran Affairs looks into "a hybrid of the accepted foundation systems". See pages 1 2 3 4. (or PDF Format) "In order for VA to continue to extend to Pulte Homes of Texas the privilege of obtaining VA appraisals withoug VA or HUD compliance inspections., it will be necessary to provide this office with the following:"

• Foundation designs that have been "sealed" by your engineer for each of the plan types that have been constructed in the Anderson Woods Subdivision
• More....

Nov 26, 2001 Two Editorials on Mold in Texas:

Editorial: Mold causes havoc for owners, insurers  San Antonio Express-News. A middle ground needs to be reached here. Insurance companies cannot be expected to remain solvent if forced to pay multi-million claims, but at the same time consumers should be not be abandoned by their insurers.
Editorial: Mold deserves inquiry by state lawmakers San Antonio Express-News. The legislative committee needs to examine current construction trends and determine if changing local building codes could help keep down the incidences of mold in new buildings.

Nov 24 2001 Proposed settlement of Debbie Read et al. v. James Hardie Building Products Inc. No. 00-2-17945-65EA King County, Washington Superior Court concerning roofing shakes such as HardiShake and HardiSlate among others. See www.hardieroofingclaims.com for more information.

Nov 24 2001 Susan Yerkes: Mold, politics and crooks can't keep those Rickhoffs down San Antonio Express-News. "Hurry and check your home because the laws are changing, and soon enough, insurance companies will be paying jack-squat."

Nov 24 2001 Court air puts trial at risk Ex-cop may get change of venue  By Jim Schoettler  Times-Union staff writer  Mold and mildew is more likely to force the upcoming federal trial of ex-Jacksonville cop Karl Waldon out of town rather than the pretrial publicity Waldon's lawyers have complained about in the murder case.

During a court hearing yesterday, U.S. District Judge Henry Lee Adams Jr. said he has been told that the federal courthouse at 311 W. Monroe St. is in such bad shape a health consultant has warned that people with respiratory problems and similar ailments should not be inside for more than four straight days.

Nov 24 2001 Federal courthouse not healthful, air study says Mold, water damage could force closure of building  By Jim Schoettler  Times-Union staff writer  The heavily used federal courthouse in Jacksonville is filled with so much mold and water damage that officials may need to close the building and should at least consider keeping employees with related illnesses out of the 68-year-old structure, a court-ordered air quality study concludes.

Nov 19, 2001 Tackling questions on mold coverage  By SHANNON BUGGS Houston Chronicle. 

On Friday, Farmers filed a plan with the TDI to offer an even more enhanced HO-A policy that has replacement and limited water coverage. 

If approved, the policy would provide replacement coverage on building and contents and pay for damage caused by sudden and accidental water leaks; falling trees or limbs; weight of ice, snow or sleet; collapse of building or any part of a building; and breakage of glass. 

Farmers executives said they will meet with regulators today to expedite the approval process for this plan. 

Nov 13, 2001 Coverage cut under review  By W. Gardner Selby  Express-News Austin Bureau  AUSTIN s Texas Insurance Commissioner Jose Montemayor on Monday questioned the legality of plans by a major insurance company to stop renewing homeowners insurance policies that cover mold damage.

Nov 13, 2001 Home insurance cuts questioned   Farmers decision vexes state official By JANET ELLIOTT  Copyright 2001 Houston Chronicle Austin Bureau "I fully understand Farmers' concerns about the recent skyrocketing of mold-related losses," Montemayor said. "But apparently they did not listen to my many calls for restraint pending my decision. I'm stunned that Farmers Insurance would consider turning their back on loyal Texas customers in these times of economic uncertainty and national crisis."

Nov 11, 2001 Farmers to drop home insurance in Texas. Various stories:

Farmers to drop home insurance   Insurer cites Texas mold claims in halting comprehensive coverage  By TERRENCE STUTZ / Austin Bureau to The Dallas Morning News. "We must limit our exposure from foundation, water, and mold claims. However, we are investigating other alternatives and are hopeful a solution will eventually emerge which will allow us to again offer broad coverage."

NOTE: During the mold hearings, it was said that many years ago the insurance industry wanted to be relieved from foundation damage due to a water leak . Last July State Farm requested a hearing on it but later cancelled it.

Mold coverage forces Farmers to leave state  By SHANNON BUGGS "Homeowners who have ignored the mold problem may now be forced to have an opinion if their policies are canceled and they can't get replacement coverage with an insurer they trust. "

 Farmers to drop home insurance   Insurer cites Texas mold claims in halting comprehensive coverage  By TERRENCE STUTZ / Austin Bureau to The Dallas Morning News 

Farmers drops Texas homeowners   By Associated Press  San Antonio Express-News 

The company, KB Home, formerly Kaufman and Broad Corp., says that sale contracts specified that the land was once the site of a practice bombing range.

Some of the unexploded practice bombs contain white phosphorous, which can burn skin, the corps has said. Officials advise anyone who finds a bomb to call 911. 

Also See: Sept 27, 2001 Mortar casings worry residents  By L. LAMOR WILLIAMS and SUSAN MOORING Star-Telegram Some homeowners in the South Ridge Hills subdivision have found mortar shell casings on their properties and claim that the developer never told them their houses were built on an old Naval training range. KBHomes.

The FBI
NY Legistlature
Chamber of commernce
Attorney General
More.

BUSINESS AND INDUSTRY. Review trends in the use of binding arbitration requirements in consumer agreements, with special attention to transactions in which the consumer has little or no bargaining power.
INSURANCE. Review issues associated with homeowners' insurance coverage of toxic mold and mold related claims. Consider measures that would ensure appropriate coverage and remediation of damage and maintain the viability of the homeowners' insurance market. 

Nov 3, 2001 The CALA Files: The Secret Campaign by Big Tobacco and Other Major Industries To Take Away Your Rights. "While CALAs masquerade as grassroots citizens groups spontaneously manifesting citizen anger against so-called "lawsuit abuse" in their states, this report shows CALAs to be part of a national corporate-backed network of front groups that receive substantial financial and strategic assistance from ATRA, APCO and some of America's biggest corporations."

Reference the letter about mold coverage in Texas by Bill Summers of Citizens Against Lawsuit Abuse: Express-News: Commentary/Insight  Comment: Mold cases could have a rotten effect

Here's the part that amazes me: According to the Dallas Morning News, the Ballards' lawsuit "alleged that Farmers refused to authorize timely repairs to the home that would have prevented spread of the black mold." 

Hmmm. Yet another situation where the outcome would've been better if somebody--the Ballards, the jury or the judge--had checked with me. I would've pointed out that a family who can afford to build their own ersatz Tara ought to just go ahead and call a plumber at the first sign of a leak. That works way better than sitting around the house watching toxic black slime mold grow to the size of Tarzan vines, and wondering when the insurance company's plumber is going to show up.

Here is another from the so called grass roots" organizations Citizens Against Lawsuit Abuse. Express-News: Commentary/Insight  Comment: Mold cases could have a rotten effect By Bill Summers

Nov 2, 2001 Governor's Mansion, Texas AG's office, now Liberty County Court house has mold! Mold closes parts of courthouse Tests conducted in Liberty County By CINDY HORSWELL LIBERTY -- Officials in Liberty County have sealed off parts of the aging
courthouse here while trying to determine the extent of a toxic mold
infestation.

Nov 2, 2001 Mold prompts suit against apartments By: NIKI HERBERT, Citizen Staff October 31, 2001 Several residents who formerly lived at South Shore Lakes Apartments have filed a lawsuit against the complex alleging mold and mildew problems.

Nov 2, 2001 The Home Warranty and Builders' Relocation Act signed into law in New Jersey. provides for oversight of "The Home Warranty and Builders' Relocation Act," a state administered program that provides buyers of new homes with warranty protection against defects in the construction or quality of the structural elements of their new home.

Oct 31, 2001: Texas Governor's Mansion had an $86,000 mold claim! Mold creates insurance mess for Realtors, homebuyers By MIKE COPELAND Tribune-Herald business editor. "The insurance companies are wanting to offer a lot less, and there is no indication their rates will go down." He also took issue with those who suggest mold problems are due to poor home maintenance and that all customers should not be penalized for the negligence of a few. 

"The governor's mansion had an $86,000 mold claim," he said, "and they took pretty good care of it."

Nov 1, 2001 Military debris worries residents  By Robert Cadwallader  Special to the Star-Telegram  ARLINGTON    Federal officials trying to calm more than 250 south Arlington residents Tuesday night about practice military shells in their neighborhood kept hearing the refrain: "Would you buy a house here?" KBHomes.

Oct 29 2001: New Royces Homes at HUGE differences from listed vs assessed value in Katy Tx, Fort Bend County. Details can be found here.  These homes have Royce Homes LP as the owners except for those with *.

Oct 31, 2001: Pulte Loses in Arbitration, TWICE at $500,000 each! "Attorney Jake Moore says the arbitrator found Pulte guilty of fraud, "The award is very justified.] both sides are bound by the results and so we're waiting to hear when we get the check." But wait...

"A lawyer for Pulte homes wouldn't comment about the decision, except to say they will probably file a motion trying to get the arbitrator to reconsider the decision." This is binding arbitration as the contract stated, but I guess not for Pulte!

Oct 30, 2001 Texas PACs 2000 Election Cycle  Tort Law: $1,481,128 TLR (Texans for Lawsuit Reform, a so called grass roots organiztaion) raised half of its money from the families of just five tycoons who made fortunes in litigious industries: Sterling Groupms Gordon Cain ($200,000); real estate mogul Harlan Crow ($150,000); Cogen Technologiesm Robert McNair ($125,000); and the owners of David Weekley Homes ($126,000) and Bob Perry Homes ($90,000).

Oct 27, 2001: Village Builders in Houston repairs stucco on 5 year old homes if the homeowners relieve them of liability and "assign to Village any and all claims and causes of actions they may have agaisnt the manufacturer, applicator and/or supplier of the stucco installed...." How many homes this has been done to is not known.

Oct 26, 2001: Texas Insurance Commissioner plans to accept the $5000 cap on mold claims.

Will this stop mold from growing? No.
Will it prevent mold? No.
Will it destroy mold? No.
Will it prevent future lawsuits? No.
Will it solve the problem? No.

Montemayor backs mold caps Commissioner plans $5000 ceiling on pay-outs "Insurance is a lubricant for the economic machine," he said. "Itms what gets the capitalists to take the risks, and wemve got to make sure it keeps going."

Oct 26, 2001: Consumers call on the Texas Governor to become involved in the mold issue:

Express-News Officials urged to join mold debate  By Peggy Fikac   Austin Bureau  AUSTIN s Some Texas homeowners are calling on the state's top elected officials to fight for them in the battle over insurance coverage for mold damage, promising to remember their actions come election time.

"Homeowners vote. Voters own homes," said Nancy Gerding of The Woodlands, who said her home has toxic mold contamination that was improperly addressed by her insurer.

"It is time for these elected officials to step up to the plate for the people of the state of Texas," said Gerding, one of several hundred homeowners who signed a letter to Gov. Rick Perry, acting Lt. Gov. Bill Ratliff, House Speaker Pete Laney and Attorney General John Cornyn.

Star-Telegram: State leaders urged to take mold policy role  By JOHN MORITZ  Star-Telegram Austin Bureau 

"During a news conference at the Capitol, Lambe unveiled a letter signed by about 300 Texans to Perry, Cornyn, House Speaker Pete Laney, D-Hale Center, and acting Lt. Gov. Bill Ratliff urging them to become more active in the mold issue. Lambe said state law does not give the insurance commissioner all of the authority needed to tackle the matter."

News 8 Austin: Debate over insurance coverage By: News 8 Austin Staff 

Dan Lambe of Texas Watch  ]"Mold contamination, rising insurance premiums affect every single Texas family, every single Texas consumer," said Dan Lambe of Texas Watch. "What we're hoping is that the legislature, the governor and the attorney general's office get more involved in finding concrete solutions to this problem." 

Houston Chronicle: Consumer group wants governor involved in mold    AUSTIN -- Gov. Rick Perry and the Legislature should step into the mold coverage insurance debate and help draft a long-term solution, a consumer group said today.

"It has become apparent the commissioner of insurance is not going to be able solve this problem on his own," said Texas Watch Executive Director Dan Lambe. "They do not have enough authority, they do not have enough access to enough information to be able to solve this entire problem. They are addressing parts of the problem. We need more people to step up." 

Oct 24, 2001 (See our David Weekley Page for more stories on Tort Reform and David Weekley. Dr. Issues Killer Post-Mortem  On Perryms Prompt-Pay Veto. (Richard Weekley of Texas for Lawsuit Reform,  is the brother of David Weekley, the homebuilder. We call them, among other things,"Corporations for No Lawsuits")

* With Doctors Bloodied, Toomey & Weekley Should Consider Christian Science.
* Did Cornyn Agree To Broker A Compromise With A Politicized A.G. Opinion? 

Texans for Lawsuit Reform is headed by Richard Weekley, brother of David Weekley. TLR is partially responsible for destroying our rights for consumer protection in Texas. 

Oct 23, 2001: Homeowners steamed about mold By Mark Schlueb | Sentinel Staff Writer Tony Martin of CED Construction said the company's responsibility ended when the homes' one-year construction warranties expired. The company sold longer homebuyers' warranties to the residents of Southport that should cover roof repairs, he said

NOTE: This is another situation where no one will help the homeowner. The city shakes it's responsibility, the builder did too as well as the warranty. 

Oct 20, 2001 In Texas, court win can ring hollow By Andrea Ball American-Statesman Staff

Cecelia Clark Morell thought she'd beaten the bad land deal that left her with a decaying house and crumbling credit. 

She'd gone to court, won her case and celebrated when a Travis County judge ordered a developer to pay his customers $1.04 million for selling them substandard homes. Morell's share was $73,000. She wanted a new house, good credit and a fresh start. 

That was in 1999. 

Today, nearly two years after the gavel fell, Morell is still waiting for her money. Lawyers say the Arlington developer and his assets have disappeared, stiffing the people who needed that cash. Morell declared bankruptcy and now lives in her parents' house. 

NOTE: Nowplace but Texas. The state that invented the word "compassion".

Oct 19, 2001   Express-News: Business  Inspectors focus on sloppy foundation work in new houses  By Adolfo Pesquera  Express-News business writer "A team of engineers from the Texas Department of Insurance met recently with two independent home building inspectors to examine building materials and construction methods that could contribute to mold infestations."

NOTE ON FOUNDATION PICTURE ABOVE: "When steel rebar comes in contact with copper, electrolysis is the eventual result. That's an exchange of electrons between the dissimilar metals, and over time, it causes enough corrosion to cause the copper to fail, allowing a water leak in the slab."

Chapter 26 General Plumbing Requirements of the IRC 2000 P2603.3 Breakage & corrosion. Pipes passing through or under walls shall be protected from breakage. Pipes passing through concrete or cinder walls and floors, cold-formed steel framing or other corrosive material shall be protected against external corrosion by a protective sheathing or wrapping or other means that will withstand any reaction from lime and acid of concrete, cinder or other corrosive material. Sheathing or wrapping shall allow for expansion and contraction of piping to prevent any rubbing action. Minimum wall thickness of material shall be 0.025 inch (0.64 mm) 

Oct 19, 2001: Express-News: Commentary/Insight  Comment: Mold cases could have a rotten effectBy Bill Summers (Bill Summers is president and founder of the country's first Citizens Against Lawsuit Abuse group in the Rio Grande Valley. They are partially responsible for destroying our consumer protection here in Texas in order to lower insurance rates. (Have you EVER seen a decrease in insurance rates?)

"Why this sudden interest in the lowly mold spore? Perhaps it has something to do with a $32 million jury award to an Austin-area family in their suit against Farmers Insurance. This case catapulted "toxic mold" into the spotlight and a feature article in the New York Times magazine. The fact that the judge refused to consider health-related claims citing lack of scientific proof was downplayed in favor of photos featuring people in biohazard suits."

NOTE: Mr. Summers downplays the fact that Farmers was found to have committed FRAUD. 3 counts. And lost on 13 of 13 counts. His organization seems to protect those who committ FRAUD in this state.

Oct 20, 2001 More Letters in support of the Brancbugh family. For background see: Report blames township inspectors 

Branchburg cheating family.  The city officials of Branchburg should do what every red-blooded American corporation does -- stand behind their attorneys instead of standing behind their responsibilities. 

Branchburg should do the right thing.  Published in the Courier News New Jersey. .In the face of mounting evidence that Branchburg shares some responsibility for the plight of a township family stuck with a defect-ridden home, Branchburg officials continue to turn their backs on the family. That is a real shame. 

Thank God it didn't happen to me.  From speaking with Marie Crosby and her family as well as reading the newspaper articles about their Branchburg "dream" home, I believe I share with many the sentiment: "Thank God that didn't happen to me."

Please reconsider Branchburg family.  I have been reading about this poor family in Branchburg and think it is a disgrace that these officials are turning their back and not offering any assistance or accepting any responsibility.

Oct 19, 2001 FINALLY! 7 years later, The Texas Supreme Courts stops Perry Home's whining over $2800! THE FOLLOWING MOTIONS FOR REHEARING OF PETITIONS FOR  REVIEW ARE DENIED:  01-0135]]]]PERRY HOMES, a joint venture v. AZIZ ALWATTARI and HAJER ALWATTARI; from Tarrant County; 2nd district (02-98-00106-CV, 33 SW3d 376, 11-02-00) 

Background: This started in 1994 with a doundation failure. The jury ruled in favor of the homeowner. The appeal court did too. The Supreme Court did too. The builders then tried to change the law by filing Texas Senate Bill SB623 which did not pass. Now the Supreme Court has ruled again, deniying Perry's request for a review.. All over $2800. Is this lawsuit abuse or what? For background info read Perry Homes v. Alwattari NO. 2-98-106-CV.

See also: Aug 24, 2001 From the Texas Supreme Court Concerning Perry Homes: THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:  01-0135]]]]PERRY HOMES, a joint venture v. AZIZ ALWATTARI and HAJER ALWATTARI; from Tarrant County; 2nd district (02-98-00106-CV, 33 SW3d 376, 11-02-00) 
 

Oct 17, 2001: Homeowners call on Insurance Commissioner:

San Antonio Express: Mold coverage cap criticized  By Adolfo Pesquera  Express-News Business Writer The testimony of Debbie Kelsey, a homeowner and a real-estate agent in Austin, said scores of homeowners are suffering from delaying tactics by insurance companies, including getting checks for repairs that don't meet costs

Dallas Morning News: Insurance Commissioner Attends Mold Coverage Hearing in Austin By NATALIE GOTT Associated Press Writer Sen. Carlos Truan, D-Corpus Christi, urged Montemayor to call the insurance industry's bluff.  "The insurance industry is engaging in its usual blackmail. We may as well call it what it is, threatening to stop writing homeowner's insurance as it has hysterics over being asked to do its job of controlling and limiting risk." 

Corpus Christi Caller Times: Both sides oppose mold plan at hearing Homeowners oppose cap. Insurers want exclusion from standard policy. Consumers Union and Texas Watch also recommend increasing the proposed cap of $5,000 for mold coverage in all homeowners policies to $15,000 because the average mold claim is about $17,000.  ]] "Five thousand dollars is woefully inadequate,'' said Dan Lambe, executive director of Texas Watch. 

Houston Chronicle: Limit on mold insurance coverage generates little support at hearing "This would add insult to injury to a family that has suffered so much," said Nancy Gerding, who moved with her family into a townhouse after 

Oct 16, 2001 Consumer groups ask for limited mold insurance. Consumers Union and Texas Watch also said that the proposed cap of $5,000 for mold coverage in all homeowners policies should be increased to $15,000 because the average mold claim is about $17,000. Another group, Home Owners for Better Building, said it is opposed to the proposal for mold coverage. The proposal, if approved, will do nothing to solve the mold problem in Texas but said families will continue to suffer health and financial consequences of mold. 

Oct 15, 2001 Mold Hearing TOMORROW! Insurance Commissioner Jose Montemayor will hear public testimony on his staff's recommendation concerning residential property insurance coverage of mold beginning at 9 a.m. Tuesday, October 16, at the LBJ Library Auditorium, 2313 Red River Street, in Austin. 

Oct 15, 2001 To Governor Rick Perry, Lt. Governor Bill Ratliff, Speaker James lPeten Laney,and Attorney General John Cornyn: ]
]
We the undersigned call on the Texas Governor, the Lieutenant Governor, Speaker of the House of Representatives and Texas Attorney General to expand the investigation and consideration of solutions to the problem toxic molds pose to Texas homeowners, businesses, consumers and families. ]
Oct 15, 2001: A Public Statement regarding the mold issue and the Texas Department of Insurance staff recommendation.

HomeOwners for Better Building is opposed to the Texas Department of Insurance (TDI) staff recommendations for mold coverage.  This recommendation, if implemented, will do nothing to solve the "Mold Crisis" in Texas.  If TDI promotes limited liability for the insurance industry and added premiums for a choice of optional limited mold coverage on homeowner policies, the following results will occur:

• Families will continue to suffer the devastating health and financial consequences of mold.
• Health care costs will most certainly increase. 
• Foreclosures of homes with mold contamination will reach an all-time high.
• Home Mortgage Lenders will inherit the financial burden of mold contamination.
• Mortgage lenders may require full (100%) mold coverage that will be prohibitive for the average homeowner and future homebuyers.
• Future homebuyers will find it harder to qualify for home loans because of the drastic increase in cost of mold coverage. 
• Ultimately, higher rates along with high numbers of foreclosures, will adversely affect the real estate market for both existing and new homes.

Oct 5, 2001 Cornyn targets mold cleanup Nueces County claim costs are highest in stateBy Naomi Snyder Caller-Times. Homeowners, eager for a remodeling, may be happy to have the insurance company pay for it if some mold is found, some said. "They take a house that's as ugly as can be with 1962 decorations, and after they finish renovating, it's the year 2001,'' said Gene Guernsey, a Realtor with Re/Max Metro Properties.

Oct 6, 2001 Official calls for inquiry into mold price gouging  By ARMANDO VILLAFRANCA  Houston Chronicle Austin Bureau  AUSTIN -- Texas Insurance Commissioner Jose Montemayor called Friday for the Texas Attorney General's Office to investigate possible overcharges for mold removal from homes. 

NOTE: Thisis a good start, but consumers should call on the TX AG to investigate the insurance industry aslo! Farmers Insurance was found by a jury to have committed fraud. So Texas gives them a break in mold coverage. If we commit fraud, we get to break rocks. No Place But Texas have we seen such compassion for business.

Oct 5, 2001 Letter to Montemayour, TX Insurance Commissioner:

Subject: Insurance Price Gouging

To Whom it May Concern:

Upon renewal of my homeowners insurance, Farmer's raised my premium from 
approximately $45 - $76 per month due to the increase in mold claims by homeowners.  Understand that I have never made any type of homeowner's claim nor did my policy coverage increase, only the premium. 

When I submitted for quotes from other companies, no one bothered to reply except State Farm who stated that they were not taking on any new business as of two weeks ago. I then received an anonymous call from a State Farm agent who confirmed that ALL the larger insurance companies  were doing the same.

This agent advised that State Farm will be raising their rates by 10% in November and possibly another 15-25% by year's end. Further, he mentioned that new homeowners are really having a hard time closing because they cannot find an insurance company that will take on new policies.  He advised that I stay with my insurance company until the mold claim issue is resolved with the Texas  Department of Insurance (TDI). 

My question is why aren't TDI and the Austin American Statesman investigating this latest (illegal or just unethical?) practice by the insurance companies - which is tantamount to price gouging of Texas homeowners. We cannot seek other coverage because of the insurance company's decision to band together and refuse new business, thereby forcing homeowners to accept exorbitantly high increases in their premium.  Are consumers not protected in the state of Texas? 

Amy S. Harper

NOTE: No. Consumers are NOT protected in the state of Texas. We are a Home Buyer Beware State. Your issues have been brought t the attention of our elected officials. They have listened, but they have not heard a thing.

Oct 5, 2001 Air conditioning rip-off alleged  By Adolfo Pesquera  Express-News business writer. Now, the company's primary lender is the target of a deceptive trade practices lawsuit that Texas Attorney General John Cornyn alleges victimized thousands of Spanish-speaking customers and left many with significantly damaged houses. 

NOTE: Texas Attorney General is running for a Senate seat. This is the first home related investigation we have seen in Texas.

Oct 2, 2001 Victimized homeowner now faces fine. South Dartmouth resident ordered to make repairsBy Sacha Pfeiffer, Globe Staff . In July, when the multiple structural flaws in Richard Vargas's South Dartmouth home were highlighted in a Globe Spotlight Team report on how town building inspectors often overlook shoddy construction, Vargas hoped public officials would come to his aid. 

Now, the town building inspector has decided to do something about the violations his office missed - by threatening to fine the homeowner, who was victimized first by the builder and then by inattentive local inspectors.

NOTE: Is this a great country or what? The homeowner was blinded by a grenade in the Korean War. You can contact the Dartmouth Building Department Commissioner, David Silveira at 508/910-1820. See background:

April 29, 2001 Boston Globe: Luxury by Design, Quality by Chance. A 4 part series concerning the building industry. "The Spotlight Team also found that substandard home construction is a growing national problem, and that many national home building firms have taken advantage of a lack of government oversight. "
DAY ONE
Home builder leaves trail of bitter buyers
Problems undermine Hopkinton subdivision
Cost-saving practices a hit with Wall Street

Web-only
It would be less expensive ... to start over'
For both sides, a long-running nightmare
A seventh-grade shop project gone wrong'
They simply cannot do the job'

DAY TWO
Questionable sales practices 

DAY THREE
Sub-par materials used 

DAY FOUR
A national surge in buyer complaints 

Oct 1, 2001 Branchburg should do the right thing  Published in the Courier News New Jersey. .In the face of mounting evidence that Branchburg shares some responsibility for the plight of a township family stuck with a defect-ridden home, Branchburg officials continue to turn their backs on the family. That is a real shame. For background see:

• June 29, 2001 State orders fix on faulty home  LARRY HIGGS Staff Writer Violations were issued last week against the home's builder and former property owner by the state Department of Community Affairs. The orders require them to replace at least one wall of the home's foundation, according to notices issued by department inspectors on June 18. They face $500-per-day fines if they fail to answer by July 8.  SEE ALSO:
• June 8, 2001 State inspects flawed homeas family waits for action  By LARRY HIGGS Staff Writer  Published in the Courier News on June 8, 2001 The quartet of state officials -- engineers and Community Affairs Department officials -- spent 45 minutes examining cracks and sags in the home's foundation and looking at one of two roof trusses. See Related Articles:
• Violations found at Crosby's home [President of HOBB New Jersey]   Published in the Courier News on May 11, 2001  By WESLEY YANG  Staff Writer  "The Crosbys are suing the township, its code inspection officials and Glenn DeAngelis, who built the house in 1999 on the foundation of a house that had burned down several years earlier." (This wasn't disclosed to the Crosby's)See Related Stories:
• Homebuyers push for protection from defective houses [New Jersey]  Published in the Courier News on Homebuyers push for protection from defective houses   By LARRY HIGGS Staff Writer The Crosbys and Kellys have forwarded a proposed lemon law to Assemblyman Christopher "Kip" Bateman, R-Branchburg, who said he is reviewing it."
• Stuck with crumbling home, owners sue  Published in the Courier News on November 18, 2000  By LARRY HIGGS  Staff Writer  "A family's dream home has quickly become their nightmare -- now they're suing the township and the home builder."
• More flaws turn up in home  By LARRY HIGGS  Staff Writer   Published in the Courier News on December 27, 2000   BRANCHBURG -- State inspectors have found another violation that township building officials missed when they checked the home of a family who sued because other construction flaws were overlooked. 
• Family, code department are battling  By LARRY HIGGS  Staff Writer  Published in the Courier News on April 8, 2001   BRANCHBURG -- A family is involved in a classic "Catch-22" situation with the township Building Department. But it could cost them a $100 a day fine. 

Owners get extension to repair defective home  By LARRY HIGGS  Staff Writer   Published in the Courier News on April 26, 2001   BRANCHBURG-- The Crosby family has received some help from the state in the ongoing saga of their defect-riddled home.

Sept 30, 2001   Insurers get set for big losses, price boost  By Aïssatou Sidimé   Express-News Business Writer "The Patients' Bill of Rights could hurt by allowing people to sue HMOs and further raise their medical expenses," said Charles Titterton, director at Standard & Poor's.

Recently, a court ruling alerted insurers that they face paying for mold testing and medical treatment under homeowners' policies. State Farm recently stopped issuing new homeowners, renters and tenant policies in Texas after seeing a fivefold increase in mold claims this year.

NOTE: If the HMO's wouldn't practice medicine and stick to bean counting, they wouldn't get sued. And if Farmers hadn't committed FRAUD and handled the problem quickly, they wouldn't be complaining about mold coveage. 

Sept 30, 2001 New Jersey Senate Resolution 77. Urges Commissioners of Health and Senior Services and Community Affairs to provide information and assistance for infestations of stachybotrys atra.

Sept 30, 2001 California Senate Bill 732 The Toxic Mold Protection Act of 2001 This bill would enact the Toxic Mold Protection Act of 2001.  The bill would require the department to convene a task force comprised of various individuals including, but not limited to, health officers, health and medical experts, mold abatement experts, representatives of government-sponsored enterprises, representatives from school districts or county offices of education, representatives of employees and representatives of employers, and affected  consumers and affected industries including, residential, commercial, and industrial tenants, proprietors, managers or landlords, insurers, and builders, to advise the department on the development of permissible exposure limits to mold, standards for assessment of molds in indoor environments as well as alternative standards for hospitals, child care facilities, and nursing homes, standards for identification, and remediation of mold.

NOTE: This type of common sense takes about 5-10 years to get to Texas.

Sept 30, 2001 NEISD confirms mold in 3 schools  By Brandy Ralston  KENS 5 Eyewitness News The North East Independent School District admits it's a problem and they acknowledged toxic mold growing in three elementary schools. The mold will now cost an estimated $1 million to clean up, district officials said

Sept 30, 2001 SAFECO cuts new policies in Texas  Associated Press  AUSTIN s As another insurer announced it would stop selling new homeowners' policies in Texas, an industry-financed study indicated that premiums are likely to jump at least 25 percent to 40 percent.

Note: The Texas Insurance Commissioner has handed the consumers head on a silver platter to the insurance agencies allowing up to an 81% increase in rates.  And all they can do is complain the platter is not gold.

Sept 30, 2001 [Off topice] Asbestos crisis touches lives of entire Montana town   As more get sick, it's harder to sell homes, find jobs  By KIM MURPHY  Los Angeles Times LIBBY, Mont. -- The legacy of industrial poisoning in America is a grim one: There are the copper mines of Butte, which created a poisonous pit more than a mile wide and 1,800 feet deep. There is Cleveland's Cuyahoga River, once so polluted that it caught fire. But for sheer human misery, there rarely has been anything like Libby

EPA Administrator Christie Whitman will take on the difficult question of whether Superfund cleanup money can be used in Libby to remove Zonolite house insulation, which was installed in anywhere from 800,000 to 10 million attics across the United States.

Sept 27, 2001 Mortar casings worry residents  By L. LAMOR WILLIAMS and SUSAN MOORING Star-Telegram Some homeowners in the South Ridge Hills subdivision have found mortar shell casings on their properties and claim that the developer never told them their houses were built on an old Naval training range. KBHomes.

Weiner, Glass & Reed, L.L.P., the Dallas firm representing more than 50 of the homeowners, has sent a letter to the Army Corps of Engineers asking for help in dealing with the issue before deciding whether to pursue legal action against the developer, KB Home.

According to Anita Horky, a Corps spokeswoman, the military used two types of practice bombs on the site:

* The Mark 23-MOD-1, which contained approximately 5 ounces of black powder and/or phosphorous.
* The Mark 1-MOD-0, which contained a 2-pound bag of black powder along with a primer detonator, an adaptor and adaptor booster with less than 1 pound of black powder.

Sept 26 2001. A Michael Thomas Homes, Royce, Enclave  story from Katy Texas.

Sept 22, 2001 Report blames township inspectors  By LARRY HIGGS Staff Writer  BRANCHBURG -- A state report raps two township building inspectors for failing to catch construction code violations in a defect-ridden Robbins Road home. The 40-page report, issued by the state Department of Community Affairs on Wednesday, faulted construction official John Tamburini and fire sub code official William Boyle for problems they didn't catch during inspections of the home of Marie and Phillip Crosby. 

Sept 19, 2001 Texas Insurance Commissioner makes a mold coverageproposal:

81% increase in rates for Corpus, Austin. 54% increase in Houston. 35% increase in San Antonio. $5000 cap on all mold claims.

Mold Hearing Date Set Insurance Commissioner Jose Montemayor will hear public testimony on his staff's recommendation concerning residential property insurance coverage of mold beginning at 9 a.m. Tuesday, October 16, at the LBJ Library Auditorium, 2313 Red River Street, in Austin.

Mold Hearing Agenda for Oct 16, 2001.

Staff Petition. (Text of changes to homeowners policies.) PDF format

Montemayor Gets Mold Recommendation, Urges Calm Consideration "Mold has become a tremendously emotional issue for many consumers and insurance companies. But it's important that we deal with it calmly, responsibly and rationally," Montemayor said. "Insurance companies must respond quickly when policyholders report water losses because delay invites the growth of mold, increases the cost of a claim and is poor customer service. Homeowners should immediately stop leaks at their source, dry out wet areas and dehumdify their homes to minimize the possibility that mold will accompany a water loss."

Commissioner's Statement to Consumers "Mold is not a new problem. It has been around for eons. So, why has it become such a widely publicized problem in the last year or two? I believe the cause has been an unfortunate mixture of fear and publicity, which feed on each other. It is time for a sensible approach. "

 Statement to Insurers "I believe the claim surge is a temporary phenomenon created in part by extensive news media coverage. If we all work together to reduce not only mold claims but also mold exposure, we can eliminate the "horror stories" and big judgments that create headlines and scary features on TV news magazines."

Insurance proposal keeps some home mold coverage   Montemayor cites 'more options' while plan criticized  By SHANNON BUGGS "Farmers made its request while fighting a mold-damage case brought by an Austin-area couple. In June, a jury found that Farmers committed fraud by delaying payment to repair a plumbing leak in the couple's home that led to extensive mold growth and awarded Melinda Ballard and her husband $32 million."

Sept 14, 2001 HOBB's testimony against mold exclusion.  Sept 13 Houston, TX. "Last month the attorney respresenting the insurance agency stated "There are no scientific or medical studies which link mold to health problems". We must stress this point. There is absolutely no scientific or medical studies to prove dropping a bowling ball on your foot will hurt, but it doesn't take a rocket scientist to know it will."

Sept 14, 2001 State hears testimonies on mold insurance coverage By: Jim Belew, Courier staff Stanley J. Briers, chairman of the Texas Plumbing, Air Conditioning & Mechanical Contractors Association, said the state insurance commission, state board of health and related agencies should set good, solid building and inspection codes and require homebuilders to abide by them. "Unless we get everyone involved," he said, "homebuilders will dilute the process." 

Sept 14, 2001 Homeowners face insurance officials on mold coverage  By SHANNON BUGGS  Houston Chronicle "You can't let the insurance companies off the hook," said Sharon Wichterich, who had to leave her Sugar Land home when mold was found growing in it this spring. "Their practices are now causing a good portion of the mold damage." 

Sept 11 2001 Water, Mold Claims Surge. Insurers fret about homeowner policies, seek shield from state By TERRENCE STUTZ / The Dallas Morning News

"I can't dispute their numbers, but we don't know if this is a short-term spike or a long-term trend," Dan Lambe of Texas Watch said. 

"The real question is: 'What is causing the increase?' Is it because insurance companies are reacting slowly to these claims? Is it price gouging in the repair of these homes? Is it because of faulty materials being used in construction?" he asked. 

"Nobody has been able to answer that. And how can you take away protections for Texas homeowners simply because of a problem that may be only temporary?" 

Sep 6, 2001 Lawsuit calls mortgage fees illegal  Kickbacks to Countrywide cited  By MARY FLOOD  Copyright 2001 Houston Chronicle Lawyers estimate more than 50,000 Texans who bought their homes with a Countrywide mortgage from Jan. 10, 1996, through now could be involved in the lawsuit. The maximum a homeowner who paid $175 for the legal documents could recover would be about $1,750. Most, however, would be eligible for about $700. 

Sep 6, 2001  Mold forces family from home  By Brandy Ralston  KENS 5 Eyewitness News  Mold has forced a San Antonio family to evacuate their North East Side home. 

Sep 6, 2001 Groups differ on insurance rates for wind  By Bob Richter  Express-News Austin Bureau  AUSTIN s Citing costs, including predictions of future losses from mold claims, the Texas Windstorm Insurance Association asked the Texas Department of Insurance on Wednesday for a 13.6 percent rate increase on hail/windstorm insurance premiums for commercial buildings.

Sep 5, 2001 Insurance Cost to Homeowners Climbs Sharply  By JOSEPH B. TREASTER New York Times. In Texas, for example, Tricia Beaugh wound up with sticker shock on the renewal of her policy. In May, Allstate raised the cost of the $94,000 policy on her three-bedroom brick veneer house in Humble, near Houston, to $670, up 56 percent, from $430 the previous year.

Sep 5, 2001 Attorney General Launches Probe Into Crossmann Communities Complaints Of Shoddy Construction Prompts Investigation INDIANAPOLIS-- Prompted by dozens of complaints about shoddy home construction, Indiana Attorney General Steve Carter has opened an investigation of developer Crossmann Communities Inc. 

Sep 5, 2001 Local Homebuilder Under Investigation  WISH-TV Indiana  The Indiana Attorney General's office is investigating complaints about the biggest homebuilder in the state. The state wants to know if Crossmann Communities sold homes they knew were badly built, and in some cases, with dangerous defects. The I-Team's Karen Hensel broke this story in an I-Team investigation.

Sep 5, 2001 The Silent Killers  CBS 48 Hours. How can you die on a plane that lands safely? And how can your own house kill you? It seems that danger lurks in the most mundane of circumstances. 

Sep 3, 2001 Texas Building Science 2001 design strategies for residential construction Featuring Joe Lstiburek of  Building Science Corporation September 27, 8:30 am - 4:30 pm
J. W. Marriott Hotel, Houston, Texas

Aug 31, 2001 Insurers urged to rethink new rules on mold By Shonda Novak American-Statesman Staff "One of the biggest problems we are seeing is insurance companies not properly handling these `water damage' claims, or denying them or dragging their feet. That is what often leads to a mold problem in a house. We need to make sure insurance companies are adequately eradicating all water damage so no mold problems occur."

Aug 31, 2001 State seeks halt of mold limits  By Natalie Gott  Associated Press "The economic impact of mold on the Texas economy could be severe," Ray said. "This issue has the potential to paralyze the homebuilding and mortgage banking industries and the consumers they serve." 

Aug 31, 2001 Insurers asked to be calm on mold  State wants more time to assess claims surge  By SHANNON BUGGS  Copyright 2001 Houston Chronicle "Rather than exclude mold damage and water damage altogether, calmer voices need to prevail," said Rob Schneider, a staff attorney in Austin for Consumers Union. "We need to look at what's really going on. And right now we don't know what that is." 

Aug 30, 2001 Regulator asks insurers to bring back mold policies  Associated Press  AUSTIN - Insurance Commissioner Jose Montemayor asked the state's top 20 home insurers today to stop restrictive marketing practices some have taken in response to the past year's surge in mold claims. 

Aug 30, 2001 Mold & Moisture Bankrupt Big Builder   How quickly after a new home is built can the walls develop serious mold problems? In the case of Cincinnati builder Zaring Homes, the answer was ten weeks. Zaring Homes was building over 1,500 homes a year during the mid-1990s, with annual profits of over $6 million, and when dozens of its new homes became moldy in 1999, the company committed itself to fixing the problems. But the remedies soon became so expensive that the liabilities drove the company to bankruptcy.

The Zaring story shows how small decisions can have enormous consequences for a builder. Early on in the moisture investigation, Vamosi gave some advice to Allen Zaring, the founder of Zaring Homes. "I told him, 'If you add another inch and a half of insulation to the walls, you will avoid the dew-point conditions,'" recalls Vamosi. "Zaring answered, 'I can't do that because it costs too much. No one else is doing that.' But look what happened to Zaring."

Aug 30, 2001 Added a Royce Michael Thomas Enclave Homes page from Houston Texas.

Aug 28, 2001 Commissioner urges consumers, insurers to wait on mold decision  Associated Press  AUSTIN -- Texas Insurance Commissioner Jose Montemayor on Monday asked for patience from consumers and the insurance industry as he works to solve problems with water and mold insurance. 

Aug 26, 2001 Various Mold Related Articles:

Mold problem across state for insurers. Karen Wilson, a real estate agent in Round Rock, said she has seen house closings delayed in the last few weeks because home buyers couldn't get insurance.  "This would be devastating to the housing market in Texas if most insurance companies take similar action," Wilson said.
Fear of the Unknown-The Mold Issue Raises More Questions than Answers  By Catherine Tapia. InsuranceJournal.com. And when construction defect gets thrown into the mix, things can really get interesting. In fact, the fusion of mold claims with construction defect claims is looked upon by some as the part of the issue that is truly affecting premiums and reinsurance. 
UTSA reopens dorm after taking care of mold  By Matt Flores  San Antonio Express-News  Nearly three months after toxic molds forced the evacuation of hundreds of students from UTSA's only dormitory, university officials opened the doors to Chisholm Hall on Thursday, just days before the academic year is set to begin.
Insurance companies, consumers' groups at odds over mold insurance From staff and wire reports WacoTrib.com "It could be a big problem for us if they find mold in a house and no insurance agent is willing to cover it," said Tammy Tull, a realtor with Kelly Realtors in Waco, who said she has mold problems at her own home. "Remediation is massive and it's very expensive, and I don't know of any buyer who is going to want to enter into those circumstances."
Insurers defend coverage denial      By R.A. DYER  Star-Telegram Austin Bureau   AUSTIN - Insurers could not use prior water damage claims as an excuse to deny new homeowners coverage under a proposal before Insurance Commissioner Jose Montemayor.

Aug 25, 2001 Put mold on hold Arm yourself with knowledge to minimize damage By DENNIS HUSPENI / Special Contributor to The Dallas Morning News But don't panic. Most household mold problems aren't anywhere near that severe. First, learn the basics of mold. Next, educate yourself on how to clean mold properly to prevent it from spreading. 

Aug 25,2001 What you can expect from mold contamination: Essay: Unwelcome discovery shatters a sense of security A family fights mold to preserve health and sanity for a new life together in a dream home By KIM RADTKE BANNISTER / Special Contributor to The Dallas Morning News. At this point, something in me snapped. As I watched all our clothes, shoes, linens and even my purses being bagged for professional cleaning, I felt tears running down my cheeks. I was exhausted, frustrated and at the point of giving up hope not only on the dream of our home, but also in the quality of life as we once knew it. 

Aug 24, 2001 From the Texas Supreme Court Concerning Perry Homes: THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:  01-0135]]]]PERRY HOMES, a joint venture v. AZIZ ALWATTARI and HAJER ALWATTARI; from Tarrant County; 2nd district (02-98-00106-CV, 33 SW3d 376, 11-02-00) 

NOTE:  The jury ruled in favor of the homeowner. The appeal court did too. The builders then tried to change the law by filing Texas Senate Bill SB623 which did not pass. Now they Supreme Court has ruled. All over $2800. Is this lawsuit abuse or what? For background info read Perry Homes v. Alwattari NO. 2-98-106-CV.

Aug 24, 2001 State to question Branchburg official  BY JENNIFER DEL MEDICO STAR-LEDGER STAFF. State investigators plan to question Branchburg officials today about the faulty construction of a Robbins Road home approved by township inspectors. More to follow!

Aug 23, 2001 South Carolina Considers Home Lemon Law! Home Lemon Law? Greenville Representative, Mike Easterday, has been enlisted by an Upstate family unhappy with how a large, national home builder has handled their home's problems. Brian and Lorinda Couch have been fighting Pulte Homes for more than 5 years now to first fix, and now re-buy their home. As the opponents head towards arbitration to settle their differences, the Couch family has come up, with the help of HomeOwners For Better Building, the idea of a Home Lemon Law. 

NOTE: Briand and Lorida Couch were featured on NBC Dateline "Reading the fine print"

Aug 23, 2001 Allstate limits policies for homes   If water-damaged, restrictions apply By DAVID KAPLAN  Copyright 2001 Houston Chronicle  Homeowners whose dwellings have suffered water damage within the past three years will not be able to buy new policies from Allstate Insurance Co., but current policyholders will not be affected. 

Aug 23, 2001 Mold And Moisture -- So Perfect Together by Stuart Lieberman California is always at the lead in lifestyle and health related issues. It is again in the lead when it comes to mold protection with a pending law called the "Mold Protection Act (SB 732)," which requires sellers or renters to provide disclosure to purchasers and tenants about mold. In addition, the state health department is required under the legislation to adopt regulations concerning permissible exposure limits of mold. 

Aug 22, 2001 NEXT MOLD HEARING IN HOUSTON SEPT 13 ASTRO ARENA Join HOBB for breakout sessions, and press conference. Support our call for interim committee hearings by the TX Senate and House. Details coming soon!

Aug 22, 2001 Water damage claims holding up Texas home sales  Associated Press via Dallas Morning News and Houston Chronicle. "This would be devastating to the housing market in Texas if most insurance companies take similar action," said Karen Wilson, a real estate agent in Round Rock who has seen house closings delayed in the last few weeks because home buyers couldn't get insurance. 

NOTE: This mold issue is affecting EVERYONE! The builders are being sued. The insurance companies are paying overwhelming claims. The homeowners are devestated. The mortgage companies will get foreclosed homes that are worthless. The realtors won't be able to sell the homes. The neighbors are getting their homes devalued by living next to a mold home. We are ALL losing!

Aug 22, 2001 Audio of Corpus Christi Hearing on Mold Exclusion available .

Aug 22, 2001 Insurers scolded at mold hearing.  By Adolfo Pesquera  Express-News Business Writer "Don't you think you have a responsibility to know what claims may come up because the building materials are not what they should be?" Truan asked.  "It would be better to reduce claims by improving construction methods, not by blaming consumers of hysteria," Truan continued. "If you are in agreement with that, then we need to come together instead of attempting to run away from the responsibility we have to the people of Texas."

See how a product (EIFS) has caused great misery to both the builder and homeowners of Lifefomr Homes in The Woodlands, TX. 

From Realty Times: "The National Association of Home Builders (NAHB), representing over 60,000 home builders nation wide, told Dateline that synthetic stucco, even if it meticulously applied and maintained, "Isn't compatible with the existing wood frame construction methods in the United States." They went on to say that homes with synthetic stucco "develops moisture intrusion problems even when properly constructed according to industry standards" 

Aug 22, 2001 Debating the mold issue 300 attend local hearing. Stories are shared on claim delays, illnesses; insurance industry tells of rising costs  By Naomi Snyder Caller-Times. Truan called for immediate action on the mold problem, asking the Department of Insurance to strengthen building standards and spell out the types of mold damage to be covered and the insurer's responsibility. 

Aug 21, 2001 Standing Up for Texas Homeowners by Texas Watch. Before the Commissioner of Insurance responds to these insurance company threats and scare tactics, several questions beg answers: ]

• Are now routine insurance company delays in responding to water damage claims contributing to the growth of these toxic molds? ]
• Are new home-building materials fostering the growth of molds? ]
• Are insurance companies and contractors cleaning mold cost effectively? ]
• Are there techniques or technologies that could prevent the development of toxic molds? ]
• Are mold claims a growing trend or a short lived problem that will resolve itself once claims adjusters and contractors get a better handle on how to handle such claims? ]

Aug 22, 2001 Consumers Union Statement on Coverage for Mold or Other Fungi  By Rob Schneider, Consumers Union. However, imagine the financial devastation that would have resulted if the contamination had been of my home and there was no coverage under the HO policy. Few families could afford to keep up mortgage payments, pay for an additional place to live, and restore their homes to a safe and healthy place to live. ]

Aug 21, 2001 Guidelines sought on mold damage  Truan wants insurance commissioner to act under existing laws By Neal Falgoust Caller-Times. HomeOwners for Better Building has asked acting Lt. Gov. Bill Ratliff to request legislative committee hearings on issues surrounding the coverage of mold claims by companies who write homeowner insurance policies.  ]Nick Voinis, a spokesman for the lieutenant governor's office, said a decision from Ratliff on the hearings should be made by Sept. 1. 

Actually we have asked for hearings to determine the cause of mold, how to prevent it and how to destory it so we can protect everyone involved, the builders, the insurance companies, the mortgage companies, and most imprtant, the homeowners who have lost their "investment" of their "American Dream".

Aug 20, 2001 HomeOwners for Better Building Press Conference:  Kick-off Campaign for the Home Lemon Law and Mold crisis in South Carolina.  Wednesday, August 22, 2001,  11:00 a.m. Columbia, S.C.  Capitol "State House" Steps. National President of HomeOwners For Better Building, Janet Ahmad will be holding a press conference along with representative Michael Easterday to kick off a Nationwide Home Lemon Law campaign beginning in Columbia S.C.   Mrs. Ahmad and  State Representatives will then tour South Carolina homes with construction defects, starting at Gleneagle subdivision built by Pulte Homes.  The final home on the tour will be held in Greenville, S.C. at 6:00 p.m., home of Brian and Lorinda Couch who were featured on Dateline NBC, "Reading the Fine Print".  Lorinda Couch, N.C. President for HomeOwners for Better Building is actively leading the efforts for a Home Lemon Law in the Carolinams.   See Related Stories:

• April 17, 2001 Dateline NBC:"Reading the fine print" Do home warranties offer protection for buyers?. Dateline NBC April 17, 2001. With warranties like this, a Lemon Law is needed!
• May 27, 2001 Pulte's Zeumer (appeared on Dateline) writes concerning Jim Blackstones' house (home eventually bought back). Notice has the highlighted text is similiar to  the CEO's response to Datelines story. Insuring homeowners are "satisfied and delighted" seems to be a theme in these letters.
• May 24, 2001 Pulte CEO Responds to NBC's Dateline Story   Erik Gabrielson, HousingZone.com Editor "Among some of the important facts presented to Dateline, but omitted from  their story, is that Pulte Homes has one of, if not the best, warranties in  the industry." Read the entire statement with commentary.
• May 17, 2001 NAHB Blasts Datelinems Report On New Home Warranties. "Datelinems April 17 report was a one-sided and unfair portrayal of the home building industry and 10-year insured warranties on new homes. It sensationalized the issue and served only to needlessly alarm prospective home buying consumers."

Aug 20, 2001 HomeOwners for Better Building Press Release. Mold Hearings Corpus Christi Tx: Homeowner for Better Building has had meetings with the Governorms office and Attorney Generalms staff and is optimistic of a solution to this crisis.  All indications are that there will be Interim Committee Hearings to address solutions to the mold crisis, construction defects and a home lemon law that was introduced this last session by Senator Leticia Van de Putte. 

Aug 17, 2001 Corzine asks probe of scheme BY TED SHERMAN STAR-LEDGER STAFF U.S. Sen. Jon Corzine called on the Department of Housing and Urban Development yesterday to investigate a real estate scheme that left dozens of first-time New Jersey homebuyers with inflated mortgages and extensive repairs. He said he will also push for Senate hearings into the deals.

Aug 17, 2001 Fraud probe widens into home deals  BY TED SHERMAN STAR-LEDGER STAFF A real estate operation that targeted dozens of first-time home buyers in Essex and Union counties with quick-turnaround deals is now the focus of a state criminal investigation looking into allegations of widespread fraud. Also see:

July 15, 2001 Preying on Homeowners Tony Pugh Knight Ridder Tribune. Predatory practices.Among tactics predatory lenders use are these: 

Equity stripping -- A relatively large loan is made based on the equity in a property instead of the borrower's ability to repay. When the borrower can't make the payments, the lender acquires the equity and, often, the property, through foreclosure. 

Flipping -- A lender persuades a borrower to refinance a loan repeatedly. Each transaction earns the lender fees while driving the borrower further into debt. 

Home improvement loans -- A contractor gains a borrower's consent for a home improvement loan with exorbitant interest rates and fees. A variant: At the end of the demolition phase, the contractor demands that the borrower sign a loan at an even higher interest rate. 

Mandatory arbitration clauses -- These agreements, popular with loan makers, waive the borrower's right to a jury trial. Loan disputes usually must be settled by an arbitrator of the lender's choosing. 

Packing -- The borrower lards a loan agreement with costly and unnecessary insurance policies. Their cost is added to the loan's principal. 

Aug 15, 2001 www.windowsettlement.comA class action lawsuit was filed in the District Court of the State of Minnesota for the County of Hennepin called OmHara v. Marvin Lumber and Cedar Company, and Marvin Windows of Tennessee, Inc., Court File No. 00-14027. Plaintiffs sought damages in connection with the premature wood rot of Marvin doors and windows manufactured between 1985 through 1989 and treated with a defective wood preservative, commonly known as PILT.

Aug 15, 2001 WHAT DO HOME BUYERS WANT? News Release by the NAHB. You may be surprised to learn that while about half of survey respondents prefer a larger family room and no living room at all, separate laundry rooms, dining rooms and home offices are high on consumers' wish lists.

HomeOwners for Better Building believe new homebuyers want confidence in their purchase via a Home Lemon Law. Visit our poll on this topic.Aug 12, 2001 Haunted by Mold  By LISA BELKIN New York Times Magazine. Warning: Reading this story might make you sick. Not as sick as Melinda Ballard and her family, who began coughing up blood and suffering memory loss while living in this 22-room, 11,000-square-foot mansion. But it could make your skin itch and your throat hurt, and you could start to cough. Then you will wonder whether there is toxic mold growing in your house, too, and whether you should pay someone a great deal of money to come find out. 

Aug 8, 2001 Protecting Your home. Insurance Department seeks to shape its policy on mold remediation. by Dean Fleming and Steven D. Jansma attorneys with Fulbright & Jaworski LLP in San Antonio. " In the wake of a $32 million verdict awarded to a Dripping Springs couple, the Texas Department of Insurance is considering an insurance company's request to eliminate coverage for black mold and other fungi under homeowners' policies. "

Note: The verdict against Farmers included the F word. FRAUD. We should be having a hearing to exlude Farmers from selling insurance in Texas instead of excluding mold coverage.

Aug 7, 2001 Residents battle gravel mine  By George Lane Denver Post Staff Writer A 124-acre gravel mine that could be authorized to operate within 200 feet of relatively new homes in eastern Brighton has prompted residents of the Platte River Ranch subdivision to organize and prepare for a fight. 

Dennis Welsch, president of homebuilder KB Home, said his company didn't know about the gravel mine, either, when the houses were sold. He said it now is encouraging the city and Ready Mix Concrete, which would run the mining operation, to address residents' concerns. [Why isn't the number one homebuilder standing and fighting with their homebuyers?]

At KB HOME, we're committed to building one home at a time. One family at a time. Because when it comes to our success as a homebuilder, the one person that matters most is you. And that's why we're the number one homebuilder in all the places we build. --from KBHomes website. www.kbhomes.com

Aug 7, 2001 Another Pulte Home Problem in San Antonio Texas. 3 months waiting for Pulte's repairs.
Aug 7, 2001 CBS Evening News Black Mold: Creeping Destruction  It Destroys Houses And Makes Residents Sick. Alda Brunson's home sits empty. Its value plummeted from $250,000 to just $1,000. As she waits to go to trial, she continues paying the mortgage on what is essentially a worthless home. Says she: "We're just sitting here, watching our house rot."

Aug 7, 2001 EIFSFACTS.ORG. THE  source of info on EIFS.

Aug 7, 2001 'Explosion' of Cases Involving Synthetic Stucco Being Filed.  Synthetic material often damaged by water; lawyers see a continuing wave of suits  Alan Fisk The National Law Journal. The Staffords tried for months to get the homebuilder to fix the damage, she says. When they got no help, they hired an attorney. A Fairfax County Circuit Court jury recently awarded the Staffords a $1.028 million verdict against the builder. Stafford v. Country Developers Inc., No. 181-455. 

See Also:

EIFSFACTS.ORG. THE source of info on EIFS.

DATELINE INVESTIGATION Is your home crumbling around you?  Itms happening to new homes across the country s find out more from a kDatelinem investigation NBC NEWS March 22 s You spend a lot of time looking, do all the legwork, invest your heart and soul in it, not to mention your savings. And finally, you own a piece of the lAmerican Dreamn s your own home. But what if the brand new house you worked so hard for begins to crumble around you? Itms happening to new homes around the country. Is it just a case of, lthey donmt build kem like they used to?n Or is there more to the story? Chief consumer correspondent Lea Thompson reports with a lDatelinen Investigation. 

Aug 7, 2001 What will mold cost us? Mary Umberger Chicago Tribune. "More than 70 families in Texas are suing their builder and the manufacturer of a synthetic stucco used on their houses, claiming that the material traps moisture behind walls, leading to mold growth. One-third of the plaintiffs say they have mold-related illnesses." See Also:
 

Jul 22, 2001 Do you have a mold problem? 
Jul 22, 2001 Where and why mold occurs in the home
Jul 22, 2001 Molds to watch for

Aug 3, 2001 Are Texas New Homebuyers Under Siege? Have we lost the confidence in hew home purchases? Is the latest round of stopping new home insurance policies, just another nail in the coffin for consumer protection for "the biggest investment of your life"? 

Will our new homes be protected from the devastating effects of mold?
Farmers halts new Texas home insurance By Laura Elder Corpus Christi Caller-Times "I don't have a bone to pick with Farmers, but this is really poor timing. Maybe citizens of Texas need to look at this and help Farmers make their decision. Maybe we should tell them, 'don't let the door hit you in the ass.' "
Second insurer to end home policies. Progressive will not accept new business By Terrence Stutz / The Dallas Morning News AUSTIN ? A second insurer has joined Farmers Insurance Group in halting the sale of new homeowners policies in Texas because of potential losses from water damage and mold claims. .
Are our new homes being built with quality products?
A stucco nightmare Brokers warned about high incidence of
EIFS-related buyer lawsuits By]Julie Clairmont Inman News Features. Numerous individual and class-action lawsuits over a synthetic stucco called EIFS have prompted a number of states to mandate property disclosure forms for the protection of real estate brokers. 
Are our new homes being inspected adequately?
Roddy Stinson: 'I shudder to think' about new-home inspections San Antonio Express-News Can San Antonians purchase a new home with complete confidence that all essential inspections have been conducted?
Are our new home warranties adequate?
Dateline NBC:"Reading the fine print" Do home warranties offer protection for buyers?. Dateline NBC April 17, 2001. With warranties like this, a Lemon Law is needed!
Will the Texas Supreme Court strip new homeowners of the implied warranty of good workmanship and baitability?
Texas Homebuilders no longer guarantee well built homes. Buecher et al, v. Centex Homes case summary provided by Dan Lambe of Texas Watch:  888-738-4226 danlambe@texaswatch.org. This case will be heard Nov 29,2000 in the TX Supreme Court. The outcome will affect ALL consumers.
Have new homeowners lost their constitutional rights to a civil trial for construction defects? 
Court ruling upholds binding arbitration. Consumers can be barred from lawsuits  Associated Press AUSTIN -- Consumers who complain about defective products can be forced into binding arbitration and barred from suing the manufacturer, the Texas Supreme Court ruled on Thursday. 
Are our new home loans financially protected?
Panel hears predatory lending tales  By TONY PUGH  Knight-Ridder Tribune News  Heartbreaking tales of lost homes, lost savings and unethical loan officers dominated Senate hearings last week into unethical practices in the high-risk mortgage industry. 
Are new homebuilders losing so much money, our rights as consumers must be trampled?
KB said on June 26 that its second-quarter earnings rose 42.6 percent,
Profit Increases 56 Percent at Dallas-Based Construction Firm Centex Corp. Source: The Dallas Morning News Jul. 19 2001Dallas-based Centex Corp. reported a 56 percent jump in profit 
Builder D.R. Horton Inc. (NYSE:DHI - news) on Thursday reported a 43 percent rise in fiscal third-quarter net income
Pulte Homes Inc. (NYSE:PHM - news) said on Tuesday that its second-quarter earnings rose 27 percent
Homebuilder Ryland Group Inc. (NYSE:RYL - news) on Monday reported a 90 percent jump in second-quarter earnings, 

Aug 3, 2001 Second insurer to end home policies. Progressive will not accept new business By Terrence Stutz  The Dallas Morning News AUSTIN ? A second insurer has joined Farmers Insurance Group in halting the sale of new homeowners policies in Texas because of potential losses from water damage and mold claims. 

Aug 3, 2001 Test results prove dangerous mold in Bexar County Courthouse  By Brandy Ralston  KENS 5 Eyewitness News 

Aug 2, 2001 [ABOT] Insurance carriers hit with fines  Must pay medical bills  By CLAY ROBISON Houston Chronicle Austin Bureau . Perry vetoed the measure at the urging of civil justice reformers and other business groups because it would have removed arbitration as an option for settling health insurance claims. [Mandatory and binding arbitration is NOT an option. It is the ONLY option.]

Texans for Lawsuit Reform, which urged the veto, praised the fines. "Governor Perry promised Texas doctors he would help them with slow paying insurance companies, and he has," said the group's president, Dick Weekley. 

NOTE: Dick Weekley is the brother of David Weekley. See also July 20, 2001  Perry's veto still a bitter pill for doctors By Gary Susswein American-Statesman Staff. Binding Arbitration clauses rip hearts out of doctors. "Perry said he vetoed the bill because it would have prevented insurers from settling disputes through alternate methods or binding arbitration, would have encouraged frivolous lawsuits and would have driven up the cost of health insurance."

Aug 1, 2001 KBHomes. Again. Council to face zoning change  Brighton may allow gravel pits near river By Berny Morson, News Staff Writer BRIGHTON -- Karen Edmonds owns lakefront property.  She just has to wait a decade or more while a gravel company digs the lake behind her duplex in the Platte River Ranch subdivision. 

KB Home mentioned nothing about a gravel mine when the lots were for sale, Edmonds said.  KB Home President Dennis Welsch said his company didn't know anything about mining when the lots were sold. 

Aug 1, 2001 U.S. Home problems go beyond Sarasota, investigation shows  By Michael Pollick  STAFF WRITER "U.S. Home sees its Zero-Defect Warranty as a comprehensive and a viable remedy to the defects in the houses. "

Also note: "Within the past month, U.S. Home ended a yearlong feud over water intrusion in the gated community of Turtle Rock in south Sarasota by buying back four two-story homes -- $1 million worth of housing -- from their owners and making county-supervised repairs to 14 other two-story stucco models. Housing-code violations found in Turtle Rock also have prompted ongoing investigations by two state agencies. "

Also see:

Aug 8, 1999 U.S. Home problems go beyond Sarasota, investigation shows 
Sandra Caballero keeps a dozen plug-in Glade air deodorizers operating at all times in her family's two-story home at Heather Lakes in Brandon "You have to, because otherwise you get this musty smell in your house," she said. 08/08/99

July 31, 2001 When the going gets tough....what does Farmers do?

Farmers halts new Texas home insurance By Laura Elder Corpus Christi Caller-Times "I don't have a bone to pick with Farmers, but this is really poor timing. Maybe citizens of Texas need to look at this and help Farmers make their decision. Maybe we should tell them, 'don't let the door hit you in the ass.' "
Farmers Insurance to stop selling homeowners policies covering water damage  By SHANNON BUGGS Houston Chronicle."Seventy percent of all the mold claims in the United States for Farmers come out of Texas," Miller said.  And it's in Texas where a jury found Farmers committed fraud in delaying payment to repair a plumbing leak in an Austin-area couple's home and awarded the family $32 million. 
Farmers Insurance Calls a Halt to Covering Losses from Water Damage  KHOU TV Houston DALLAS (AP) -- Water damage and outbreaks of mold have strained the coffers of some of Texas' top home-insurance companies, prompting a moratorium by one company on new policies that cover water damage.
Farmers to stop selling water coverage for Texas homes  Associated Press  Houston Chronicle. Farmers Insurance Group, the state's second largest insurer, says rising losses from mold and other claims will cause it to stop selling new homeowners policies in Texas that cover water damage. 

July 31, 2001 Roddy Stinson: 'I shudder to think' about new-home inspectionsSan Antonio Express-News Can San Antonians purchase a new home with complete confidence that all essential inspections have been conducted?

July 31, 2001 Toxic Texas Mold  National Public Radio Real Audio. http://www.npr.org/ramfiles/me/20010730.me.07.ram>
Janet Heimlich reports from Austin, Texas, where complaints over toxic mold are worrying many people, including insurance companies. Because of the large number of claims filed for damages caused by mold, insurance officials in Texas are taking a closer look at their home insurance policies. 

July 30, 2001 Mold case decision now faces mediation By Kevin Carmody American-Statesman Staff A Travis County judge appointed a mediator Monday to help reach a settlement in the mold contamination lawsuit that produced a $32 million verdict against Farmers Insurance Group. 

July 30, 2001 Houston Mold Hearing Set. Insurance Commissioner Jose Montemayor will hold an informational hearing on mold coverage provided in Texas residential property insurance policies on Thursday, September 13, in Houston. (July 30, 2001)

July 30, 2001 Breaking the mold......before the mold breaks us. Lowly fungus continues to prove costly Barbara Marquand  State and national interest groups have sprung up and task forces have formed. Lawmakers are weighing in, and lawsuits are multiplying. Even the activist who inspired a Hollywood blockbuster -- Erin Brockovich -- is battling mold. 

July 29, 2001 Panel hears predatory lending tales  By TONY PUGH  Knight-Ridder Tribune News  Heartbreaking tales of lost homes, lost savings and unethical loan officers dominated Senate hearings last week into unethical practices in the high-risk mortgage industry. 

July 29, 2001 Mold a growing problem. A complete section from the San Antonio Express News. Including:

1. Texas is battleground in rising insurance claims 
2. Risks to people remain a mystery 
3. Mold can take over houses 
4. Senator, family sent packing from home 

July 29, 2001 Household mold a growing concern By Emanuel Gonzales  San Antonio Express-News 
"Gov. Rick Perry and Attorney General John Cornyn have both indicated their interest in the mold issue, but believe the insurance commissioner is rightly taking the lead."

NOTE: After HOBB's meeting with the  Insurance Commisioner Jose Montemayor, the Gov. Office, and the Attorney General's Office, we are optimistic our elected Officials will be taking a serious look at construction defects which is the major contributing factor to the growth of mold and it's related health issues.

"It's a public panic that is being driven by trial lawyers and plaintiffs looking to turn a quick buck, by men in space suits who do the air testing and cleaning and by the news media." --San Antonio allergist Robert Jacobs

NOTE: Read the Ballard vs Farmers Verdict. 13 of 13 counts, all against Farmers. Including FRAUD. After found to have committed FRAUD, Farmers asks for a hearing  for exclusion to mold. The only hearing we should have is to determine why Texas is allowing an insurance company to committ FRAUD and still sell insurance in Texas! Whe only hearing we should have is to learn why they still have a license to do business in Texas. The only hearing we should have is to determine when the Texas AG will begin an investigation into Farmers Insurance.

100 years ago, when a man stole your horse or cattle, or committed FRAUD the only hearing they would have had was to decide which tree to use.

Also see:
June 28, 2001 Mold Coverage from Amarillo Globe Insurers fight paying for mold   By Deon Daugherty  ddaugherty@hotmail.com As for the multiplying claims, Rogers said part of the surge is greater public awareness, public hysteria and plaintiffs attorneys who believe "mold is gold."

NOTE: Could Mr. Rogers be one of the Farmer's attorneys who lost Farmer's stockholders $32 Million in Ballard vs Farmers? If so, how much "gold" did he receive from this lawsuit from his fees? And how much would he have lost, if he had told Farmer's to stand behind their coverage and not behind their attorneys?

And just how much credibility can an attorney have after just losing $32  million?

July 28, 2001 Homebuilders Earnings:

1. KB said on June 26 that its second-quarter earnings rose 42.6 percent, beating Wall Street estimates, due to strong demand, better margins and bigger profits at its mortgage banking business. Competitor Lennar Corp. (NYSE:LEN - news) second-quarter results also beat expectations. 
2. Profit Increases 56 Percent at Dallas-Based Construction Firm Centex Corp. Source: The Dallas Morning News Jul. 19 2001Dallas-based Centex Corp. reported a 56 percent jump in profit on Wednesday as a result of big increases in home sales and financial services income.
3. Builder D.R. Horton Inc. (NYSE:DHI - news) on Thursday reported a 43 percent rise in fiscal third-quarter net income and a 21 percent rise in net sales. It said it expects fiscal 2001 and fiscal 2002 earnings to be above analysts' consensus estimates.
4. Pulte Homes Inc. (NYSE:PHM - news) said on Tuesday that its second-quarter earnings rose 27 percent as an increase in home prices offset a decline in the number of closed sales.

Homebuilder Ryland Group Inc. (NYSE:RYL - news) on Monday reported a 90 percent jump in second-quarter earnings, as home sales and and home prices rose, and raised its full-year earnings expectations to $7.50 per share.

July 27, 2001 International home builder buys into local market By Earl Daniels  Times-Union business writer "The similarities are that Jacksonville, like San Antonio, has a significant consumer base, positive job growth, a growing population, and demographically they are similar," said Albert Praw, senior vice-president of asset management and acquisition at KB Home. See Also:

1. Soggy-subdivision probe digs into approval data   By Adolfo Pesquera San Antonio  Express-News Business Writer   KB Home's troubled Northampton development has become the target of a federal investigation amid allegations that the developer-homebuilder may have falsified information to obtain U.S. Department of Housing and Urban Development approval.
2. Letter to Texas Senator Phil Gramm from the Veteran's Administration concerning the North Hampton Subdivision.
3. Letter from the TNRCC (PDF Format) concerning the North Hampton Subdivision to Jaent Ahmad, HomeOwners for Better Building.

July 26, 2001 Builder crowd up for count. New state procedure was created to curb defrauding of buyersBy Robert Nusgart Sun Real Estate Editor The legislation that created the Home Builder Registration Unit came after years of debate between lawmakers and industry trade associations. The unit's prime purpose is to prevent rogue or inept builders from defrauding or fleecing buyers by intentionally shutting down operations in one county and opening up business in another venue under a new name.

Consumers can go to the unit's Web site at http://www.oag.state.md.us/Homebuilder to find out if a particular builder is registered. 

July 26, 2001 National RV Tour To Expose New Home Ills by Broderick Perkins  Experienced whistle-blowers Jeff and Susan Treganowan of Livingston, TX are off on a 10-month national campaign from Atlanta, GA to Woodland, CA, to alert consumers and public officials to new home industry ills while they push a new book written for the same audiences. 

July 24, 2001 Homeowners take action against developers over construction flaws By FRED LUDWIG, Californian staff writer  e-mail: fludwig@bakersfield.com. The Northshore suit names Centex, a national homebuilder. Company spokesman Neil Devroy said officials had not received a copy of the lawsuit and are not aware of open warranty issues with customers. The company in general works to resolve such complaints out of court, he said.  "If our customers have problems, we go out and fix those problems for them," Devroy said.

July 21, 2001 Insurer delays mold hearing  By Adolfo Pesquera  Express-News Business Writer Citing the current "uncertainty" over mold, State Farm Lloyds backed off a planned hearing before the state's insurance commissioner in Austin on its application to exclude mold damage and cracked foundations from homeowners policies.

NOTE: This hearing was "snuck" under the back door of the TDI and would have been devastating to homeowners. Thanks to volunteers and concerned homeowners, this sneaky attempt has been stopped.

July 21, 2001 State Farm Hearing on Mold POSTPONED! THERE WILL BE NO MEETING AT THE TDI OFFICES IN AUSTIN ON JULY 24, 2001.

State Farm, only minutes ago, asked the TDI to POSTPONE that hearing. The TDI  agreed. State Farm said that they want to wait to see what changes are made  by the TDI regarding mold exclusion (proposed by Farmers Insurance) before  revisiting these new proposed language changes. 

In my humble opinion, I believe that State Farm saw the writing on the wall  and doesn't want to be put in the position Farmers Insurance found itself ]in  about a month ago when hundreds of angry homeowners declared "open mike   season" on them. During that hearing, homeowners told horror stories about how Farmers handled  their water damage claims and that such mishandling resulted in toxic mold  infestations that destroyed their homes, possessions and health). 

July 21 Profit Increases 56 Percent at Dallas-Based Construction Firm Centex Corp.
Source: The Dallas Morning News Jul. 19 2001Dallas-based Centex Corp. reported a 56 percent jump in profit on Wednesday as a result of big increases in home sales and financial services income.

NOTE: And yet even with this windfall, Centex has asked the Texas Supreme Court to relieve them of the implied warranty of good workmanship and habitability. See Centex Vs Buescher

July 20, 2001  FLASHING] PROBLEMS] WITH] AUSTIN] HOMES compliments of: Real Estate Inspector .Com "Providing Quality Home Inspections in Austin, Texas" 512-923-5361] or] newsletter@realestateinspector.com. "A large percentage of Austin's construction problems are water issues that can usually be traced back to the omission of or incorrect installation of roof and wall flashing."

July 20, 2001  Perry's veto still a bitter pill for doctors By Gary Susswein American-Statesman Staff. Binding Arbitration clauses rip hearts out of doctors. "Perry said he vetoed the bill because it would have prevented insurers from settling disputes through alternate methods or binding arbitration, would have encouraged frivolous lawsuits and would have driven up the cost of health insurance."

July 19, 2001 Horton completes Emerald acquisition  Home builder picks up 715 homes under contract Inman News Features  The Emerald assets acquired include a backlog of 715 homes under contract that totaled approximately $130 million at June 30, 2001.

July 19, 2001 Insurers cite mold, flood claims in seeking higher rates Associated Press (Austin-AP) -- Insurers are asking for increases averaging 3.5% in standard homeowners insurance rates in Texas. 

July 19, 2001 Insurers seek rate increase to cover mold and Houston's flood  Associated Press  AUSTIN - Jay Thompson of the Insurance Council of Texas said much attention has been paid to mold damage recently, raising the possibility of substantial future insurance losses.

July 19, 2001 Doctors feel the wrath of Texans for Lawsuit Reform on binding arbitration clauses.Viewpoints Houston Chronicle. One of the most notorious take-it-or-leave-it clauses is a requirement that doctors waive their legal rights under state law (and, by extension, patients' rights) by agreeing that all disputes be sent to mandatory, binding arbitration, which is expensive, cumbersome and lengthy. 

NOTE: TLR is headed by Richard Weekley, brother of David Weekley, Texas Homebuilder.The TLR is a so called "grassroots" organizations with the consumer in mind. See: Redefining reform  Big business proponents contrive some of the worst bills of the 74th session  By Molly Ivins "Say a builder has been using some cheesy materials that fall apart after 10 years. No responsibility falls to the builder--you have to sue the manufacturer"

July 19, 2001 Tell more about mold. ViewPoints Houston Chronicle. I think the stance taken by the insurance industry and the Texas Department of Health regarding toxic mold is shameful. Did none of the officials bother to read the Environmental Protection Agency material on the subject before they made such irresponsible statements? They even tried to blame the media. 

July 19, 2001 Allison's floodwaters shut fire station for six months  By S.K. BARDWELL  A southeast Houston fire station will be closed about six months while workers deal with mold and water damage from last month's floods. 

July 19, 2001 Insurers seek higher home rates Opponent says mold, flood impact should wait till 2002 By Terrence Stutz / The Dallas Morning News "Insurance losses have been declining in recent years," Mr. Bordelon said. "It's time these savings are returned to policyholders through reduced premiums." 

July 19,2001 A stucco nightmare Brokers warned about high incidence of
EIFS-related buyer lawsuits By]Julie Clairmont Inman News Features. Numerous individual and class-action lawsuits over a synthetic stucco called EIFS have prompted a number of states to mandate property disclosure forms for the protection of real estate brokers. ....North Carolina, which has a statewide class-action lawsuit, has outlawed the use of EIFS in construction in the state.
 

NOTE: Why pay 6% commission if a broker is just going to disclose everything to get off the hook and leave you without recourse if a product is defective? Brokers have known or should have known about EIFS for mnay years now. They should join us in calling for a ban on the product.

July 18, 2001 Another Pulte Home Problem in San Antonio Texas. 3 months waiting for Pulte's repairs.

July 15, 2001 Preying on Homeowners Tony Pugh Knight Ridder Tribune. Predatory practices.Among tactics predatory lenders use are these: 
 

Equity stripping -- A relatively large loan is made based on the equity in a property instead of the borrower's ability to repay. When the borrower can't make the payments, the lender acquires the equity and, often, the property, through foreclosure. 

Flipping -- A lender persuades a borrower to refinance a loan repeatedly. Each transaction earns the lender fees while driving the borrower further into debt. 

Home improvement loans -- A contractor gains a borrower's consent for a home improvement loan with exorbitant interest rates and fees. A variant: At the end of the demolition phase, the contractor demands that the borrower sign a loan at an even higher interest rate. 

Mandatory arbitration clauses -- These agreements, popular with loan makers, waive the borrower's right to a jury trial. Loan disputes usually must be settled by an arbitrator of the lender's choosing. 

Packing -- The borrower lards a loan agreement with costly and unnecessary insurance policies. Their cost is added to the loan's principal. 

July 15, 2001 Branchburg should compensate family   Published in the Courier News. And here Phil and Marie Crosby choose what they thought would be the most beautiful ideal town in New Jersey to settle down and raise their family, pouring everything they own into their dream house, which turns into an Amityville horror story without the ghost.

July 13, 2001 A Review of Pulte's Protection Plan, the 10 year home warranty. Dateline's story was right. Read about Pulte's warranty and see just how limited it really is. See also:

• April 17, 2001 Dateline NBC:"Reading the fine print" Do home warranties offer protection for buyers?. Dateline NBC April 17, 2001. With warranties like this, a Lemon Law is needed!
• May 27, 2001 Pulte's Zeumer (appeared on Dateline) writes concerning Jim Blackstones' house (home eventually bought back). Notice has the highlighted text is similiar to  the CEO's response to Datelines story. Insuring homeowners are "satisfied and delighted" seems to be a theme in these letters.
• May 24, 2001 Pulte CEO Responds to NBC's Dateline Story   Erik Gabrielson, HousingZone.com Editor "Among some of the important facts presented to Dateline, but omitted from  their story, is that Pulte Homes has one of, if not the best, warranties in  the industry." Read the entire statement with commentary.
• May 17, 2001 NAHB Blasts Datelinems Report On New Home Warranties. "Datelinems April 17 report was a one-sided and unfair portrayal of the home building industry and 10-year insured warranties on new homes. It sensationalized the issue and served only to needlessly alarm prospective home buying consumers."

July 13, 2001 Sabrina's Solutions: Home repair problems  Sabrina Smith After we aired the first story, we received dozens of calls from people who were angry with various builders and asking what they can do. Unfortunately, in Texas, not a lot. Builders here are not allowed to have licenses. But there is one group here who says it can help if youmre unhappy with the work your builder is doing.  Tom Davey is president of the non-profit group Sick of Bad Builders, or SOBB.

July 12, 2001 A Times Editorial Developer should be taken to task  © St. Petersburg Times Highmark Homes is not the first developer on the Suncoast to leave its customers stranded, but the company should not be allowed to get away with it. The Pinellas County Department of Consumer Protection has decided to investigate the situation at Virginia Crossing. The department unfortunately does not have the power to punish Highmark. But the consumer office has a close relationship with the State Attorney's Office and can convey to that office not only all the information turned up in the investigation, but also the appalling degree to which Highmark violated the promises it made to homeowners. The State Attorney's Office can file charges against the company. 

July 12, 2001 Mold fears overblown, experts say  By ERIC BERGER  Houston Chronicle Science Writer    Health and insurance officials blamed Houston's recent flooding and a well-publicized Austin lawsuit for fueling media hype that they said has overblown the health concerns about toxic mold. 

July 11, 2001 Building owners want to `get the mold out' Maria Arrellaga ] Special To The Austin Business Journal  It may seem unusual for public hearings sponsored by state government departments to include the makings for media coverage and community controversy. So why all the fuss over the hearing in Austin on June 26 sponsored by the Texas Department of Insurance on the subject of mold? 

July 11, 2001 Settlement To Pay $41 Million Plumbing Bill by Broderick Perkins  Thousands of home owners in Southern California are finally going to get their plumbing fixed thanks to a $41 million mediation settlement in a defective galvanized steel plumbing case. Also see:

$32 Million Verdict In Mold Case. The jury agreed 11-1 to award the family $6.2 million in actual damages to decontaminate, demolish and rebuild the property. Jurors also awarded $12 million in punitive damages, $5 million for mental anguish and $8.9 million in lawyers' fees. 

Crumbling Walls Creating A Stir."The National Association of Home Builders (NAHB), representing over 60,000 home builders nation wide, told Dateline that synthetic stucco, even if it meticulously applied and maintained, "Isn't compatible with the existing wood frame construction methods in the United States." They went on to say that homes with synthetic stucco "develops moisture intrusion problems even when properly constructed according to industry standards"

July 10, 2001 Read The Iler's story about their Life Forms Homes as reported in Beware: Toxic Mold by Anita Hamilron Time Magazine.

July 10, 2001 Beware:Toxic Mold Is the fungus in your floorboards making you sick? With no clear answers, panic and lawsuits abound]  BY ANITA HAMILTON Time Magazine. The losers are people like Mark and Mary Jane O'Hara of Eugene, Ore. In February they had the local fire department burn their home to the ground after doctors attributed the family's chronic nosebleeds, flulike symptoms and severe headaches to mold.

July 10, 2001 State Farm requests an Exclusion for Mold. (scroll down to July 24th hearing) While homeowners and consumer groups have focused on Farmers Insurance's request to exclude mold, State Farm has requested a mold exclusion buried  in a number of other requests. Hearing date is 9:30 am July 24 at the TDI.

"The State Farm policy with the water damage endorsement attached will provide coverage for mold or fungus that results from a sudden discharge of water from a heating, air conditioning or automatic fire sprinkler system; household appliance; or plumbing system is covered; however, mold or fungus that results from a continuous or repeated seepage or leakage of water from these systems or appliances is excluded." ---email from the TDI

July 7, 2001 Black Mold: Creeping Destruction  It Destroys Houses And Makes Residents Sick AP  (CBS Evening News) The builder has offered to patch the leaks and has a lawsuit of its own against the stucco manufacturer. Says Bruce Cohoon, president of Life Forms, Inc.: "We feel that they're the responsible party here and the applicator of the product and anything we're doing to assist our customers in the remedy of this situation should be borne by them."

July 9, 2001 High court's term [Texas Supreme Court] ends amid exodus of justices  Precedents vulnerable to shifts in membership  By MARY FLOOD  Houston Chronicle "Most arbitrations cost about $2,000 to $3,000 just to get them started, and if arbitration is always compulsory, this pretty much puts consumers in a hole," said Rusty McMains, a Corpus Christi state appellate specialist. 

July 7, 2001 Dole's speech to the National Association of Home Builders.

"In other words a consumer revolt is brewing and unless all builders zero in on the problems and pull out all the stops to cure them, consumers are going to rise up in wrath and deliver a mighty blow to your industry."

--ELIZABETH HANDFOR DOLE, COMMISSIONER FEDERAL TRADE COMMISSION Before The National Association of Home Buiders Annual Convention Las Vegas, Nevada

July 7, 2001 Code No. 229: If a builder builds a house for someone, and does not construct it properly and the house which he built falls in and kills its owner, then that builder shall be put to death. 

July 7, 2001 Lebanon Twp. homeowners seek justice  Courier News By SHERI KASPRZAK  Staff Writer Singer Rauschenberger said she went through 10 months of school and had to pay a fee and get a license to become a cosmetologist, but anyone can pick up a hammer and call themselves a contractor, and she believes laws should be passed to regulate contractors. 

"If I cut your hair and you don't like it, it will grow back"" she said. "Maybe you're out $20. But if I pick up a hammer and you don't like what I've done to your house, I can walk away and not finish the job. It just seems like that's not fair."

July 7, 2001 On Guard Against Mold by Jaime Levy Austin American Statesman. Joel Katz, president of Katz Builders Inc. and chairman of a state task force to study indoor air quality and moisture control, acknowledged that building defects can occur, but he stressed the role of the homeowner in preventing and eliminating mold. 

July 7, 2001 Mold Hearings Set for Corpus Christi TX. Local mold hearing will be held Aug. 21 More than 500 people attended a hearing about mold coverage in Austin last month By Laura Elder Caller-Times Insurance department officials have set an Aug. 21 date for the hearing, which is expected to draw large crowds at the Warren Theatre at Texas A&M University-Corpus Christi.

July 6, 2001 Insurers fear mold incidents   By Adolfo Pesquera  Express-News Business Writer "This should be a wake-up call for the insurance industry to start addressing prevention as a way to cut their losses, instead of refusing to help victims," Ahmad said. "The industry has an obligation to insist that builders of new homes adhere to standards that insure homes are built free of construction defects that contribute to the growth of mold."

July 4, 2001  Mold mania strikes fear in hearts of Texas residents, insurers By JASON EMBRY/Tribune-Herald staff writer. Paul Martin, manager of continuing education for the Independent Insurance Agents of Texas, said his group sees the need to cover mold damage, yet worries about the way the current growth of claims could affect insurers.   "There are awfully negative things that could happen on either side of this issue," Martin said. "We need to find some kind of middle." 

July 3, 2001 Homeowners from Montgomery County traveled to Austin to testify before the Texas Department of Insurance at a special mold hearing Tuesday. While some insurance agencies have blamed the increasing mold litigation on false claims and public panic, Brunson testified that the increase in mold litigation is the result of increasingly poor building. It is the home builders, Brunson said, who should be held responsible for the recent

July 3, 2001 Black Mold: Creeping Destruction  It Destroys Houses And Makes Residents Sick AP  (CBS Evening News) The builder has offered to patch the leaks and has a lawsuit of its own against the stucco manufacturer. Says Bruce Cohoon, president of Life Forms, Inc.: "We feel that they're the responsible party here and the applicator of the product and anything we're doing to assist our customers in the remedy of this situation should be borne by them."

July 2, 2001 Bill may prohibit borrowing from trust fund  By LARRY HIGGS 
Staff Writer Courier News The state has borrowed $11 million from a trust fund designed to protect new homeowners and -- so far -- has successfully rebuffed lawmakers' pleas to return the money. 

July 1, 2991 Governor in favor of mold insurance Study of claims is possible  By Neal Falgoust Caller-Times. Gov. Rick Perry also said that the increased attention on mold is something that requires great attention so Texas residents can ensure that they have the appropriate coverage. NOTE: The Governor's Mansion was infested with mold. It was remediated with tax payers money. Now that his family is safe, it is no wonder why he is siding with the insurance industry.

June 28, 2001 Mold Coverage from Amarillo Globe Insurers fight paying for mold   By Deon Daugherty  ddaugherty@hotmail.com As for the multiplying claims, Rogers said part of the surge is greater public awareness, public hysteria and plaintiffs attorneys who believe "mold is gold."

NOTE: Could Mr. Rogers be one of the Farmer's attorneys who lost Farmer's stockholders $32 Million in Ballard vs Farmers? If so, how much "gold" did he receive from this lawsuit from his fees? And how much would he have lost, if he had told Farmer's to stand behind their coverage and not behind their attorneys?

And just how much credibility can an attorney have after just losing $32  million?
June 29, 2001 Hundreds weigh in on mold. Tearful homeowners testify about illness, damage.Published by the Corpus Christi Caller-Times. This is not the time to . . . run away from this problem or run away from these homeowners, said John Cobarruvias, a Houston resident and board member of Homeowners for Better Building. The homeowners are mentally, physically and financially drained, and this is wrong."

June 29, 2001 State orders fix on faulty home  LARRY HIGGS Staff Writer Violations were issued last week against the home's builder and former property owner by the state Department of Community Affairs. The orders require them to replace at least one wall of the home's foundation, according to notices issued by department inspectors on June 18. They face $500-per-day fines if they fail to answer by July 8.  SEE ALSO:

June 8, 2001 State inspects flawed homeas family waits for action  By LARRY HIGGS Staff Writer  Published in the Courier News on June 8, 2001 The quartet of state officials -- engineers and Community Affairs Department officials -- spent 45 minutes examining cracks and sags in the home's foundation and looking at one of two roof trusses. See Related Articles:

Violations found at Crosby's home [President of HOBB New Jersey]   Published in the Courier News on May 11, 2001  By WESLEY YANG  Staff Writer  "The Crosbys are suing the township, its code inspection officials and Glenn DeAngelis, who built the house in 1999 on the foundation of a house that had burned down several years earlier." (This wasn't disclosed to the Crosby's)See Related Stories:

Homebuyers push for protection from defective houses [New Jersey]  Published in the Courier News on Homebuyers push for protection from defective houses   By LARRY HIGGS Staff Writer The Crosbys and Kellys have forwarded a proposed lemon law to Assemblyman Christopher "Kip" Bateman, R-Branchburg, who said he is reviewing it."

Stuck with crumbling home, owners sue  Published in the Courier News on November 18, 2000  By LARRY HIGGS  Staff Writer  "A family's dream home has quickly become their nightmare -- now they're suing the township and the home builder."

More flaws turn up in home  By LARRY HIGGS  Staff Writer   Published in the Courier News on December 27, 2000   BRANCHBURG -- State inspectors have found another violation that township building officials missed when they checked the home of a family who sued because other construction flaws were overlooked. 

Family, code department are battling  By LARRY HIGGS  Staff Writer  Published in the Courier News on April 8, 2001   BRANCHBURG -- A family is involved in a classic "Catch-22" situation with the township Building Department. But it could cost them a $100 a day fine. 

Owners get extension to repair defective home  By LARRY HIGGS  Staff Writer   Published in the Courier News on April 26, 2001   BRANCHBURG-- The Crosby family has received some help from the state in the ongoing saga of their defect-riddled home.

June 28, 2001 Toxic mold devastates homeowners. NBC Nightly News. Experts say mold growth may be getting worse because some cheaper construction materials like plywood and plasterboard are mold-friendly when wet. 

June 27, 2001 Law Firm Estrada & Thomson Announces Class Action Lawsuit Against Centex Homes. The proposed class includes 207 homes located in the Serrano, Crescent Ridge and Treelake Village subdivisions located in El Dorado Hills and Granite Bay. For detaisl see the Estrada & Thomson website.

June 27, 2001 Mold Coverage from KVUE Austin: Mold issue stirring emotions First of three insurance hearings opens todayBy Terrence Stutz / The Dallas Morning News. "The bottom line of this hearing is who the commissioner of insurance is going to force to pay the millions of dollars of expenses related to mold contamination and repair," said Dan Lambe of Texas Watch, a consumer group.

"Will he force Texas homeowners who purchased coverage for such losses to pay for it, or will he stand up for Texas consumers and force the insurance companies who developed, wrote and sold homeowners policies with mold  coverage in them to pick up the tab?" Mr. Lambe asked.

June 27, 2001 Mold Coverage from The Dallas Morning News: Keep mold coverage, state told Homeowners, insurers face off By Terrence Stutz / The Dallas Morning News. "Rob Schneider of Consumers Union said lack of insurance coverage could mean "financial devastation" to thousands of homeowners who face mold contamination of their homes."

June 27, 2001 Mold Coverage from The Houston Chronicle:  Rise in mold claims pits residents against insurers  By ARMANDO VILLAFRANCA Farmers Insurance Group, which recently was ordered to pay $32 million for mishandling a mold-damage claim through a subsidiary, has asked the Department of Insurance to create a separate class of mold insurance, similar to flood insurance.

June 27, 2001 Mold Coverage from The Austin American Statesman Insurers, builders criticized over mold.  By Kevin CarmodyAmerican-Statesman Staff "It's cheap, fraudulent, shoddy construction, and it's been going on for some time now, said Alda Brunson of The Woodlands, whose residents were among those from the Houston area who chartered a bus for the Austin meeting. We've been buying homes we thought were permanent structures, but they are disposable."

June 22, 2001 Bus trip planned to mold hearing   By:MARY REUT-OVERMAN, Villager staff June 20, 2001 Two concerned homeowners are organizing a Tuesday morning bus trip to Austin for a public hearing that will address the exclusion of mold infestations from homeowners' insurance policies.

June 22, 2001 $10 million suit claims damage to homes from mold in Patterson   By MICHAEL MELLO  BEE STAFF WRITER ]]]PATTERSON -- Eighty-six residents are suing KBHomes, alleging that shoddy construction left homes susceptible to water seepage and mold contamination......The lawsuit is being drafted one year after Heartland Ranch homeowners complained to the City Council that repairs already had dragged on for two years or more. NOTE: Yet another example for the need of a lemon law.

June 21, 2001 Another Pulte Website. www.pultelemon.com. WELCOME TO THE "PULTE LEMON"  HOME WEBSITE THIS WEB SITE IS DEDICATED TO PERSPECTIVE PULTE HOMEBUYERS. AVOID THE NIGHTMARE WE ARE EXPERIENCING!!!!!!!!!!

June 20, 2001 Woman says mold in house destroying family's health  Published in the Asbury Park Press 6/18/01  By JAMES QUIRK FREEHOLD BUREAU  HAZLET -- Carol Cherry's dream home has become a nightmare..... Cherry alleges that the sellers, 4R Investments of North Haledon, knew water was seeping into her basement and causing mold and that evidence of both was hidden from her and township inspectors when the house was sold. Cherry is seeking a lawyer to represent her in a lawsuit.

June 19, 2001 Mold lawsuits spurs hearing in Austin CORPUS CHRISTI, Texas (AP) s Amid an increasing number of mold lawsuits, the Texas Department of Insurance has scheduled a series of hearings to address how insurers cover mold damage for homeowners and others.

June 19, 2001 Government by developer A Special Report by the Dallas Morning News. In Denton County and beyond, some voters are getting free rent to move into mobile homes. Then they alone decide to approve special taxing districts and millions of dollars in bonds.

June 19, 2001 Mold Coverage Hearing Relocated. Due to strong public interest, Insurance Commissioner Jose Montemayor is moving a hearing on mold coverage to a larger auditorium and planning separate hearings in Corpus Christi and Houston.

June 18, 2001 Fire inspectors don't do the job. Those entrusted with Jacksonville's fire safety have been goofing off -- and you could be at risk  By Steve Patterson and Paul Pinkham Times-Union staff writers  Jacksonville fire inspectors are loafing at taxpayer expense while the city's fire prevention agency falls into disarray, a Times-Union investigation has found. Also included:

Inspector loafing worries Delaney
How are buildings inspected
3 blazes damage downtown hotel after agency fails to heed warning
How the Times-Union conducted its investigation

June 18, 2001 Henry Cisneros and KBHomes comes to Houston. Cisneros' firm seeks local tracts for affordable housing  By RALPH BIVINS    SALT LAKE CITY -- A company led by Henry Cisneros, the former San Antonio mayor and U.S. housing secretary, is scouting around Houston for land for a new residential development. 

June 15, 2001 Mold experts detail how mold can destroy a person's home can destroy a person's home By:MICHAEL MOORE, Villager staff Hundreds of homeowners from the greater Houston area and around the state converged on Montgomery College one night last week to learn a little more about toxic molds that have plagued houses in Montgomery County and around the state. 

June 15, 2001 Residents get information on how to fight toxic mold  By BETH KUHLES  Chronicle correspondent  About 500 people filled the Montgomery College Theatre and lobby to learn more about toxic molds and what to do if they invade your home, school or business. 

June 11, 2001 Mold is growing concern in real estate  New awareness of the fungus leads to a rise in insurance claims, need for remediation work Lisa Y. Taylor 

June 11, 2001 Insurers watch mold case  $32 million award sends tremor through industry By TERRENCE STUTZ / The Dallas Morning News. "Farmers recently petitioned the commissioner to let the company remove mold coverage from all its homeowners policies in Texas. Other companies are expected to follow suit if the commissioner agrees to the change."

June 10, 2001 Construction company responsible for mold, suit says HARLINGEN, Texas (AP) s Students and workers at Texas State Technical College are suing a construction company they say is responsible for mold contamination at the college.

June 10, 2001 Sexy it's Not, but Mold is Real Hot. Litigation explodes over an issue that's new and yucky  Bob Van Voris The National Law Journal.  The next time you see Julia Roberts battling corporate evildoers in spike heels and a push-up bra, don't be surprised if the villains are named stachybotrys, aspergillus and penicillium. 

Erin Brockovich, the real-life law-firm clerk portrayed by Roberts in last year's hit movie, has a house with a bad mold problem. And, like many others who claim that they have been  forced from their homes and workplaces by toxic mold, she's suing. Brockovich v. Morrison Associates, No. 051037 (Los Angeles Co. Super. Ct.). 

June 10, 2001 A Comparison of Buying a New Car and a New Home in Texas. See the difference in consumer prtection for Texas car buyers and Texas home buyers.

June 10, 2001 Bush pledges support for home ownership. "These numbers are troubling because home ownership lies at the heart of the American Dream, the president said in his weekly radio address. "It is a key to upward mobility for low- and middle-income Americans." NOTE: Then why do we have the least amount of consumer protection for the "American Dream"?
 

Bush References HOBB: "If you have an opportunity to help Habitat for Humanity, or other organizations working to make the American Dream a reality for more families, I hope you do so. Pres Bush in Bush pledges support for home ownership.

June 8, 2001 State inspects flawed homeas family waits for action  By LARRY HIGGS Staff Writer  Published in the Courier News on June 8, 2001 The quartet of state officials -- engineers and Community Affairs Department officials -- spent 45 minutes examining cracks and sags in the home's foundation and looking at one of two roof trusses. See Related Articles:

Violations found at Crosby's home [President of HOBB New Jersey]   Published in the Courier News on May 11, 2001  By WESLEY YANG  Staff Writer  "The Crosbys are suing the township, its code inspection officials and Glenn DeAngelis, who built the house in 1999 on the foundation of a house that had burned down several years earlier." (This wasn't disclosed to the Crosby's)See Related Stories:

Homebuyers push for protection from defective houses [New Jersey]  Published in the Courier News on Homebuyers push for protection from defective houses   By LARRY HIGGS Staff Writer The Crosbys and Kellys have forwarded a proposed lemon law to Assemblyman Christopher "Kip" Bateman, R-Branchburg, who said he is reviewing it."

Stuck with crumbling home, owners sue  Published in the Courier News on November 18, 2000  By LARRY HIGGS  Staff Writer  "A family's dream home has quickly become their nightmare -- now they're suing the township and the home builder."

More flaws turn up in home  By LARRY HIGGS  Staff Writer   Published in the Courier News on December 27, 2000   BRANCHBURG -- State inspectors have found another violation that township building officials missed when they checked the home of a family who sued because other construction flaws were overlooked. 

Family, code department are battling  By LARRY HIGGS  Staff Writer  Published in the Courier News on April 8, 2001   BRANCHBURG -- A family is involved in a classic "Catch-22" situation with the township Building Department. But it could cost them a $100 a day fine. 

Owners get extension to repair defective home  By LARRY HIGGS  Staff Writer   Published in the Courier News on April 26, 2001   BRANCHBURG-- The Crosby family has received some help from the state in the ongoing saga of their defect-riddled home.

June 8, 2001 Mold seminar draws hundreds By: Michael Moore, Courier staff June 08, 2001 Hundreds of homeowners from the greater Houston area and around the state converged on Montgomery College Thursday night to learn a little more about toxic molds that have plagued houses in Montgomery County and around the state.

June 8, 2001 Texas Supreme Court Screws Homeowners Again and Upholds Binding Arbitration. This is just one in two punch knockout to the consumers. The next will be when they show their loyalty to the Texas Homebuilders and relieve them of the implied warranty of good workmanship and habitability. "The Biggest Investment of Your Life in Texas" now has the "Least Amount of Consumer Protection". Why would anyone buy a new house?

June 8, 2001 Court ruling upholds binding arbitration. Consumers can be barred from lawsuits  Associated Press AUSTIN -- Consumers who complain about defective products can be forced into binding arbitration and barred from suing the manufacturer, the Texas Supreme Court ruled on Thursday. 

"Arbitration provides consumers with an immediate and an inexpensive place to go," said Cami Boyd, a lawyer representing two Texas-based mobile-hine"

TONIGHT!!! In North Houston Meeting on homeowners' mold problem scheduled   By: Nancy Flake, Courier staff June 02, 2001 Nancy Gerding of The Woodlands never wanted to become a toxic mold expert, but circumstances have forced her to learn about the fungus. A victim of the mold, she has organized a mold-alert public information meeting for 7 p.m. Thursday in the Montgomery College Theatre.

June 7, 2001 KBHomes Homeowners Take Complaints to Former HUD Secretary, Henry Cisneros. "According to Seaman, the company is not currently under investigation in relation to to this group of homeowner's concerns. " See homeowners at KBHomes site. See Related Story:

June 1, 2001  Soggy-subdivision probe digs into approval data   By Adolfo Pesquera  Express-News Business Writer   KB Home's troubled Northampton development has become the target of a federal investigation amid allegations that the developer-homebuilder may have falsified information to obtain U.S. Department of Housing and Urban Development approval.

June 5, 2001 Black mold strikes again in Lubbock  By CHARLES L. EHRENFELD  Avalanche-Journal  The fungi known as black mold has claimed more victims in Lubbock.  Personnel from the Lubbock County field office of the Child Support En forcement Division of the Texas State Attorney General's Office have been relocated. [Maybe now the TX AG will do something about the mold problems in Texas!] See related article:
 

May 20, 2001 Black mold forces families out of homes in Lubbock  By BETSY BLANEY Associated Press LUBBOCK -- At least 19 Lubbock-area families have moved into a Residence Inn while their homes are stripped of stachybotrys.  ... The Gabberts bought their home about 18 months ago, just after Ashley Gabbert became pregnant with her now 10-month-old son.

May 20, 2001 Black mold forces families out of homes in Lubbock  Lubbock Online.
 

June 3, 2001 Meeting on homeowners' mold problem scheduled   By: Nancy Flake, Courier staff June 02, 2001 Nancy Gerding of The Woodlands never wanted to become a toxic mold expert, but circumstances have forced her to learn about the fungus. A victim of the mold, she has organized a mold-alert public information meeting for 7 p.m. Thursday in the Montgomery College Theatre.

June 3, 2001 Family awarded $32 million in mold case  Associated Press    AUSTIN -- A Travis County District Court jury on Friday awarded a Dripping Springs family $32 million after finding that a subsidiary of Farmers Insurance Group mishandled the homeowner's claim for black mold damage. 

June 3, 2001 Jury awards $32 million to family for home's mold damage. The jury agreed 11-1 to award the family $6.2 million in actual damages, finding that the house will have to be decontaminated, leveled and rebuilt.   They also awarded $12 million in punitive damages as an example to other insurers, $5 million for mental anguish and $8.9 million in lawyers' fees.
 

June 3, 2001 Court finds insurer at fault in mold case  By Kevin Carmody American-Statesman Staff . A Travis County District Court jury on Friday awarded a Dripping Springs family $32 million in a landmark toxic mold case, finding that a subsidiary of Farmers Insurance Group mishandled the family's homeowner's claim for mold damage. 

The jury concluded that Farmers Insurance Exchange committed fraud in the way it dealt with Melinda Ballard and her husband, Ron Allison. The couple said the company failed to adequately and swiftly cover repairs for a water leak, allowing the toxic mold stachybotrys to overrun their 22-room mansion and damage their family's health. 

June 2, 2001 The jury's verdict in the Ballard mold case against Farmers Insurance.

June 2, 2001  Austin Texas jury awards $32 Million in mold case featured on 48 Hours. Melinda Ballard and her family was awarded $32 Million by a jury in Austin Texas against Farmers Insurance concerning toxic mold in her 22 room mansion. Melinda's story was featured in 48 Hours and USA Weekend and has been closely watched by the industry and homeowners across the nation.

June 2, 2001 Insurance Companies Reconsidering Mold Removal Coverage. Farmers Insurance estimates the average mold claim costs about thirty thousand dollars. So now the company is asking the Texas Insurance Department for permission to drop mold coverage altogether. See the recent verdict against Farmers.

June 2, 2001 Upcoming Events:

June 7, 2001 Mold Information Meeting. on June 7th at 7:00 p.m. in the theater at Montgomery College in the  Woodlands, north of Houston, TX.

June 9 - June 10, 2001 9th Annual New Home Show Astroarena, Hall D 

June 26th, 2001, A public hearing on the Farmers Insurance request to drop mold coverage is scheduled for June 26th, in Austin.  9:30 a.m.  333 Guadalupe (Between 4th and 5th St.) Rm. 100  Hobby Building. You can register to speak.

June 1, 2001  Soggy-subdivision probe digs into approval data   By Adolfo Pesquera 
Express-News Business Writer   KB Home's troubled Northampton development has become the target of a federal investigation amid allegations that the developer-homebuilder may have falsified information to obtain U.S. Department of Housing and Urban Development approval.

More Background Info:

June 1, 2001 Letter to Texas Senator Phil Gramm from the Veteran's Administration concerning the North Hampton Subdivision.

June1 2001 Letter from the TNRCC (PDF Format) concerning the North Hampton Subdivision to Janet Ahmad, HomeOwners for Better Building. Page 1, Page 2, Page 3.

Feb 12, 2001 Added to the Kaufman Page:  Prospective Homebuyers, Protesters Mix At Grand Opening   Kaufman & Broad Subdivision Scene Of Homeowner Protest (KSAT-TV San Antonio, TX

"Along with prospective buyers for the newly built houses in the city's South Side, protesters arrived to air dissatisfactions with their own Kaufman & Broad homes located elsewhere in the city. Homeowners from the Northhampton subdivision in the city's Northeast Side have filed complaints with the builder, alleging shoddy workmanship. "

Dec 22, 2000 Posted Another North Hampton Subdivision draft buyout!. See Kaufman and Broad looks at buying out homeowners for background information. "K & B will purchase your home for your original purchase price and the value of the improvements listed below.."

Oct 29, 2000 North Hampton Subdivision pickets. See Kaufman and Broad looks at buying out homeowners for background information. 

Sept 2, 2000Added to Builders in the News Kaufman and Broad looks at buying out homeowners.  By Daryl Bell Express-News Staff Writer "Kaufman and Broad, a primary builder in the Northhampton Homes subdivision,  has been busy trying to negotiate buyouts with several homeowners."

Aug 26, 2000Added to Builders in the News Salas says builder failed to ensure stable subsoil By Daryl Bell Express-News Staff Writer In a letter sent to residents of Northampton Homes, San Antonio City  Councilman Mario Salas questions why Kaufman and Broad, builders of the controversial subdivision, developed an area with unstable soil.

Aug 1, 2000 Added to Builders in the News Builder to help in Northampton By Daryl Bell Express-News Staff Writer The builder of a subdivision that residents say is plagued with flawed homes assured 150 homeowners Tuesday that the problems will be corrected.

The promise from Kaufman and Broad to residents of the Northampton Homes subdivision came during a two-hour meeting that drew protests from many homeowners after the meeting site was switched at the last minute.

July 26, 2000 Added to Builders in the News Bexar Met, developer's firm disput Northampton seepage.By Daryl Bell Express-News Staff Writer An official with Integrated Testing and Engineering Company disputed a Bexar Metropolitan Water District analysis of water seeping from the ground in Northampton Homes. Steve Frost, vice president project geologist for InTEC, the San  Antonio firm commissioned by developer Kaufman & Broad, said  water readings taken in several locations in the subdivision reveal traces of chlorine.

July 24, 2000 Added to Builders in the News Source of seepage unclear By Daryl Bell Express-News Staff Writer On another front, Janet Ahmad of Home Owners for Better Building, said Northampton homeowners will hold a strategy meeting Thursday at 7 p.m. at Maranatha Baptist Church, 5814 Rittiman Plaza. And in a related development, Aaron Seaman, director of local government affairs for Kaufman & Broad, said that a site for meeting  with Northampton Homes residents has been secured.  The meeting will be held Aug. 1 at 7 p.m. in the cafeteria on the gray campus of Judson High School, 9695 Schaeffer Road in Converse.

July 15, 2000 Added to Builders in the News Northampton report says no further study needed By Daryl Bell Express-News Staff Writer A revised report on the Northampton Homes subdivision completed by the city of San Antonio Public Works Department Environmental Services Division does not recommend a Phase II study be done on he controversial property.

July 15, 2000 Added to Builders in the News Reported dumps anger buyers. Wilbur Riley thought he was building a dream house when he  decided to move into the Northampton Homes subdivision two years ago.Now, his dream has become a nightmare .Riley, who said he began experiencing problems with his home two   weeks after he moved in, recently discovered his dwelling is located near what is said to be three former illegal dumping sites.

June 1,2001 Mayor seeks state funds for Briar Hill By KEVIN HALL Georgetown Mayor Everette Varney met with Kentuckyms Speaker of the House Jody Richards Thursday morning to ask for state funds for the Briar Hill cleanup.May 30, 2001 Melinda Ballard's lawsuit against Farmers concerning mold contamination in their home goes to the jury in Austin, TX.

May 29, 2001 Toxic molds bring lawsuit from homeowners  By CINDY HORSWELL Houston Chronicle. The two families are among 73 in The Woodlands suing builder Life Form Homes Inc.; a manufacturer, Finestone; and others over a synthetic stucco used on their houses. They point out that since 1999, Village Builders, a builder not involved in the Woodlands case, has spent more than $12.5 million stripping synthetic stucco from more than 350 homes in the Houston area and replacing it. 

May 28, 2001 Couple's dream house turned into a nightmare They blame builder for years of frustration By Mary Meehan HERALD-LEADER STAFF WRITER. The Eckers paid a developer $268,000 to construct the house that would be combination barn, arena and home. But, years later, they live on that site in a single room with no heat, no air conditioning and one sink for their vegetables and dishes and cats and horses.  They've sued and won, with the court ordering the developer, William I. Shaw, to pay them $671,000 in 1998. But he soon filed bankruptcy and, because he has virtually no assets, the Eckers are unlikely to collect on their judgment. [his 3rd bankruptcy in 10 years] See follow up story:

May 28, 2001 In cases of shoddy work, customers have few options By Mary Meehan HERALD-LEADER STAFF WRITER  Think you're protected by state regulations when dealing with builders or contractors?  Think again. Since 1996, about 1,400 complaints have been filed with the Consumer Protection Division in the Office of the Attorney General regarding contractors or builders; about 600 of those complaints involve new-home construction.

Ainslie Vice, president of the Kentucky chapter of the non-profit advocacy group Homeowners for Better Building, said people worry that complaining will lower the resale value of their homes by making shoddy construction a public issue.

June 3, 2001 Big Texas builder gets bigger  D.R. Horton to buy Houston's Emerald Builder 
Inman News Features 

May 29, 2001 Getting It Built Copping An Attitude: War of Words By Matthew Power Builder Online. 

"Brian Binash, executive vice president of Emerald Homes in The Woodlands, Texas, tells any client who refuses to sign his company's arbitration clause to go elsewhere. He says they will continue the practice, even if (and when) the roaring economy slows down. "

May 27, 2001 Pulte's Zeumer (appeared on Dateline) writes concerning Jim Blackstones' house (home eventually bought back). Notice has the highlighted text is similiar to  the CEO's response to Datelines story. Insuring homeowners are "satisfied and delighted" seems to be a theme in these letters.

May 27, 2001 Home owners protest over black mold ABC 13 Eyewitness News  (5/26/01) s Black mold is driving families out of their homes in the Woodlands. Seventy homes are infested with the toxic growth which homeowners say is causing illness among them and their children.

May 26, 2001 KBHomes in the news again. Eyewitness News Wants to Know. You can see the video clip concerning a KB Honeowner in San Antonio, TX. The owner asked to invoke a Lemon  Law and requested his home to be bought back. KB's statement said the situation has been resolved. Was the home bought back or repaired? We will find out. [Requires Real Media.]

May 25, 2001 Masonite Drops Hardboard Siding   A rash of class-action lawsuits against manufacturers of hardboard siding has saddled the material with a reputation for buckling, swelling, and other moisture-induced problems. Those chickens now appear to be coming home to roost. Citing a 40% decline in hardboard's overall market share in the past five years, the Masonite Corporation has stopped production of all hardboard siding products. Also see www.sidingclaims.com

May 25, 2001 Home Sick by Kendrick Blackwood, The Pitch, Kansas City. Jeff Miller helped people get into their new homes fast---before they started to fall apart. Last August, Missouri Attorney General Jay Nixon sued Miller on behalf of 36 homeowners, asking Miller to stop. The attorney general's office alleged that Miller used bad building practices and bad materials, lied when he said the homes had been approved by city inspectors, bumped up prices at closing, promised refunds that never came, forged signatures on loan documents, lied about what the payments would be, and didn't fix what was broken.

May 25, 2001 REAL ESTATE: Board calls Home-Link weak, tells affiliated inspectors goodbye
By Earl Daniels  Times-Union business writer  An Arvida Realty Services program that provides a list of preferred inspectors to homeowners is a violation of the standards of practice and code of ethics of the Florida Association of Building Inspectors board of directors.

HOBB Editorial

Dear New Jersey, Branchburg Township Officials, and Glenn DeAngelis,

What is wrong with you?
Would you PLEASE quit whining about this house? 
Would you PLEASE buy back the house, pay for moving expenses, closing costs, and a token payment for putting this family through this misery?
Would you PLEASE just do the right thinkg and take responsibility for your actions and lack of actions? 

I mean do you want to end up like Pulte? And be on Dateline?
Or do you want to be the poster child for a New Jersey New Home Lemon Law like Kimball Hill in Austin Texas?

Do us all a favor, get over this and let everyone move on with their lives!

May 24, 2001 Pulte CEO Responds to NBC's Dateline Story   Erik Gabrielson, HousingZone.com Editor "Among some of the important facts presented to Dateline, but omitted from  their story, is that Pulte Homes has one of, if not the best, warranties in  the industry." Read the entire statement with commentary.

Pulte in Houston uses the Home Buyers Warranty. Get a copy. Read it. See if Dateline was omitting information. Any homeowner who thinks this is a quality warranty, deserves a home with this warranty. 

May 23, 2001 NAR Named Among Top 10 Washington Power Brokers by Lew Sichelman Two of housing's big three associations have made the latest list of the most powerful lobbying organizations in Washington as compiled by Fortune Magazine. Both housing organizations like to portray themselves as consumer groups. And they are, as long as the interests of their members and home buyers, sellers and owners coincide, as they often do. But when it is necessary, neither is shy about representing their members, whether consumers benefit or not. 

May 23, 2001 Fox 26 Houston covers Life Forms Homes story.

May 23, 2001 Jersey probes firm in home deals BY TED SHERMAN STAR-LEDGER STAFF State officials ordered an investigation yesterday into a real estate operation that bought and quickly sold $5 million in properties to first-time buyers, now stuck with inflated mortgages on places that need costly repairs. Also see:

May 22, 2001 Home buyers allege huge resale scam  BY TED SHERMAN STAR-LEDGER STAFF A two-month review of deeds and mortgages and interviews with home buyers by The Star-Ledger found at least 40 properties had been bought and then sold at dramatically higher prices --a practice known as "flipping." 

May 22 Council OKs plans to buy homes [on toxic dump] By KEVIN HALL Appraisals on 18 Briar Hill homes are scheduled to begin by Monday, said Mayor Everette Varney at Thursday nightms Georgetown City Council meeting.  Council members unanimously approved Varneyms proposal to begin the process to purchase the 18 homes and six undeveloped lots that sit on top of an old city dump. SEE RELATED STORIES:

May 18, 2001 State finds dioxin in soil at Briar Hill By KEVIN HALL 5/18/01  State officials discovered high levels of dioxin, a substance known to cause cancer and reproductive problems, in soil samples at Briar Hill Drive. See related articles:

May 13, 2001 Mayor to meet with Briar Hill residents]-]Date:]5/13/2001 Woody Vest is looking forward to meeting face-to-face with Georgetown Mayor Everette Varney. The mayor said he feels the same way.

May 9, 2001 Testing temporarily halts construction of health department, 911  CenterDate:]5/9/2001 Two of Georgetownms newest city buildings have had to halt construction due to substances found in the ground recently. 

May 18, 2001 Review to locate other dumps By KEVIN HALL 5/18/01  The City of Georgetown will be implementing an environmental review to locate other dumps in the city.  Officials learned of an old dump in the Briar Hill area when garbage was reported at a construction site in May 2000. 

May 15, 2001 City considers buy back of 18 homes built over a dump. High levels of lead in the ground. Background Stories:

May 10, 2001  Briar Hill residents to have blood checked for lead.  Georgetown, Kentucky News-Graphic News  By KEVIN HALL.Briar Hill Drive residents will have their blood-lead levels checked at the first of next week, said Dr. Julie McKee, Wedco public health director. The statems Department for Environmental Protection mailed letters to 18 homes on April 26, detailing high levels of lead, arsenic, chromium and polynuclear aromatic hydrocarbons.

May 10, 2001 Worker: City knew of dump in k94 Georgetown, Kentucky News-Graphic News  By KEVIN HALL. "Woody and Wanda Vestms soil had a count of 465 parts per million, Woody Vest said. Some in the neighborhood had levels approaching 7,000, he said. The accepted level for human safety is 50 parts per million, said Matt Hackathorn, Kentucky Division of Waste Management spokesperson."

May 22, 2001 Added more pictures of Life Forms Homes in repair attempting to remove mold. Added court documents section, and a protesting section.

May 21, 2001 Family's lawsuit is focus of controversy over mold Kevin Carmody American-Statesman Staff  "Toxic mold is making news again, and it's sure to scare a lot of people, including insurance industry executives."

May 20, 2001 Added pictures of protesting at the Rainbow Tour of Homes in The Woodlands Texas against Life Forms Homes concerning synthetic stucco.

May 20, 2001 Falling Through the Cracks. To be Aired Sunday 9:00 PM KRIV FoxTV Houston Tx. Yet another story much like Dateline on the "tangible benefits" of the new home warranties. Also see The Texas Supreme Court Case Centex vs Beucher. If they rule in Centex favor, the new homebuyer will have nothing but the new home warranty for protection. WATCH FoxTV to see what protection they really provide!

May 20, 2001 Black mold forces families out of homes in Lubbock  By BETSY BLANEY Associated Press LUBBOCK -- At least 19 Lubbock-area families have moved into a Residence Inn while their homes are stripped of stachybotrys.  ... The Gabberts bought their home about 18 months ago, just after Ashley Gabbert became pregnant with her now 10-month-old son.

May 20, 2001 Black mold forces families out of homes in Lubbock  Lubbock Online.

May 19, 2001 Make Sure What's at the End of Your Rainbow Isn't a Pot of MOLD! Homeowner in The Woodlands Texas questions builder, Life Forms Homes, about synthetic stucco and mold during a "Rainbow Tour" of homes. See CH 11 Story:

April 23, 2001 House of Mold By Carolyn MungO KHOU TV Houston.  "When you find out that your house is actually endangering the life of your child, you just have to move...you just have to pick up and move." --Alda Brunson 

Feb 4, 2001 Mold Forces Another Family Out of Their Home By Carolyn Mungo KHOU TV Houston. "The Patterson family is just one of dozens of families who have called us since last night's report to say they have also been evacuated because of toxic mold. "

Feb 7, 2001 Seismic Mold  BY Jason Whitely KHOU TV Houston. The cleaning and repair bill could be in excess of a $100,000.

May 17-18, 2001 Construction Defect Seminar. Featured Speaker, Janet Ahmad President of HomeOwners for Better Building. West Coast Casualty Service, Inc. puts on a yearly seminar addressing all issues of the construction defect community. It is the largest and most highly attended seminar of its kind in the United States. Our next seminar is scheduled for May 17th and 18th, 2001 at the Disneyland Hotel in Anaheim, California. 

May 17, 2001 NAHB Blasts Datelinems Report On New Home Warranties. "Datelinems April 17 report was a one-sided and unfair portrayal of the home building industry and 10-year insured warranties on new homes. It sensationalized the issue and served only to needlessly alarm prospective home buying consumers."

"How much whining will the NAHB do? Don't take Daetline's word for it. Read the 10-year insured warranty for yourself. If you buy a new house with this type of warranty, you deserve everything that comes with it." -- John R. Cobarruvias HomeOwners for Better Building.

May 16, 2001 Employee accused of falsifying records  By KIMBERLY KRUPA Staff Writer "An employee of the state's largest home builder issued false inspection certificates for homes in the Liberty Green development, an investigation has found." (Developer K. Hovnanian)

May 15, 2001 Posted pictures of the TNRCC inspectin drainage in a K&B subdivision.

May 15, 2001 WISHTV Indiana. Three Part Story. An I-Team Investigative Report 

Inspecting the Inspectors: Part 1
Seventeen homes weren't inspected by the Town of Brownsburg at the most important stage in the construction.] Angie Buckner's home is one of them.] One day a neighbor pointed out Angie's home had no roof vents. That's something that should have been caught during an inspection. 

Inspecting the Inspectors: Part 2
Our News-8 investigation last night into city inspectors has prompted calls of home horror stories to flood into WISH-TV.

Inspecting the Inspectors: Part 3 Congressman Dan Burton gets involved (or mettles?)
Steve was happy, but the builder wasn't.] After the inspection, the builder complained to U.S. Representative Dan Burton's office about the inspector.] A letter from the builder to Burton's office: "We've had two people cancel agreements with our company... because of his unlawful practices".
] 
Burtons office then asked the VA to investigate the inspector.] Politics at work?

May 14, 2001 Mold Cases Spreading, Says Real Estate Defense Attorney by Blanche Evans. "It's the case from hell. Nobody is to blame, yet everyone is ducking for cover because a buyer is likely to be out over $60,000 on a problem that is no fault of her own. "

May 13, 2001 Centex Homes asks the Texas Supreme Court to waive the "implied warranty of good workmanship and habitability for all Texas homebuilders". Read the Amicus (in pdf format)  provided by the National Homebuilders Assoc and the Texas Homebuilders. Read how they reason their "Expressed" warranties provide "tangible benefits" to the homeowners therefore the implied warranties are not necessary. This was written by Stephen Paxson and Robert Bush, representing the Houston and Dallas Homebuilder Associations. See www.hobb.org/centex/supreme.shtml for details.

May 13, 2001 Posted to the Centex Page: No. 04-99-00337-CV Michael M. BUECHER, et al.,  Appellants v. CENTEX HOMES, a Nevada Partnership, and Centex Real Estate Corporation d/b/a Centex Homes, Appellees. "It would be incongruous if public policy required the creation of an implied warranty, yet allowed the warranty to be disclaimed and its protection eliminated merely by a pre-printed standard form disclaimer or an unintelligible merger clause."

May 13, 2001 Posted to the Perry Homes Page: Perry Homes v. Alwattari NO. 2-98-106-CV. This was provided as support for Texas Senate Bill 623 which would provide more protection to the homebuilders. Perry offered to pay 60% of the cost to the foundation with the owner paying the other 40% ($2800) and filing with the Home Owners Warranty. HOW is in recievership, and the owner could only get reimbursed if there is money and if there is a valid claim. This entire suit  going through the appeals process and landing in the Senate was all about just $2800.00. 

May 13, 2001 Added a new page for Perry Homes.

May 12, 2001 WANTED: KBHomee Homeowners from Frisco, Texas (close to Dallas) with construction defects. Contact us immediately!

May 12, 2001 Violations found at Crosbys' home[President of HOBB New Jersey]   Published in the Courier News on May 11, 2001  By WESLEY YANG  Staff Writer  "The Crosbys are suing the township, its code inspection officials and Glenn DeAngelis, who built the house in 1999 on the foundation of a house that had burned down several years earlier." (This wasn't disclosed to the Crosby's)

HOBB Editorial

Dear New Jersey, and Glenn DeAngelis,

What is wrong with you?
Would you PLEASE quit whining about this house? 
Would you PLEASE buy back the house, pay for moving expenses, closing costs, and a token payment for putting this family through this misery? 
Would you PLEASE just do the right thinkg and take responsibility for your actions and lack of actions? 

I mean do you want to end up like Pulte? And be on Dateline?
Or do you want to be the poster child for a New Jersey New Home Lemon Law like Kimball Hill in Austin Texas?

Do us all a favor, get over this and let everyone move on with their lives!

John R. Cobarruvias

May 12, 2001 Posted a picture of Jim Blackstones house from Blackstone Vs Pulte website.

May 10, 2001 George Dubya Goes Green. Homebuilders stand behind attorneys and sue. "Bush's OK of the Clinton edict barring development of wetlands angered the National Association of Home Builders, which plans to go to court against it. " (What happened to binding arbitration?)

May 10, 2001 Homebuyers push for protection from defective houses [New Jersey]  Published in the Courier News on Homebuyers push for protection from defective houses   By LARRY HIGGS Staff Writer The Crosbys and Kellys have forwarded a proposed lemon law to Assemblyman Christopher "Kip" Bateman, R-Branchburg, who said he is reviewing it."

May 10, 2001  Briar Hill residents to have blood checked for lead.  Georgetown, Kentucky News-Graphic News  By KEVIN HALL.Briar Hill Drive residents will have their blood-lead levels checked at the first of next week, said Dr. Julie McKee, Wedco public health director. The statems Department for Environmental Protection mailed letters to 18 homes on April 26, detailing high levels of lead, arsenic, chromium and polynuclear aromatic hydrocarbons.

May 10, 2001 Worker: City knew of dump in k94 Georgetown, Kentucky News-Graphic News  By KEVIN HALL. "Woody and Wanda Vestms soil had a count of 465 parts per million, Woody Vest said. Some in the neighborhood had levels approaching 7,000, he said. The accepted level for human safety is 50 parts per million, said Matt Hackathorn, Kentucky Division of Waste Management spokesperson."

May 10, 2001 Posted to the Centex Page: No. 04-99-00337-CV Michael M. BUECHER, et al.,  Appellants v. CENTEX HOMES, a Nevada Partnership, and Centex Real Estate Corporation d/b/a Centex Homes, Appellees. "It would be incongruous if public policy required the creation of an implied warranty, yet allowed the warranty to be disclaimed and its protection eliminated merely by a pre-printed standard form disclaimer or an unintelligible merger clause."

May 9, 2001 Posted to the Lemon Law Page: Net-Based Consumers Fight Defective Homes
by Broderick Perkins   Grass roots consumer action aimed at new home defects is yielding unprecedented results -- including a landmark bill that could force builders to buy back or replace defective homes. 

What could be the nation's first lemon law for new homes -- as well as recent major media investigations of new home defects -- can all be linked to a ground swell of unresolved complaints from home owners who are joining forces on the Internet. 

May 9, 2001 Posted to the Lemon Law Page: Home-Related Issues Dominate Consumer Complaints by Broderick Perkins   Consumers gripe most about home improvements, which for the first time topped auto service problems as the greatest source of ire from the buying public, but problems with household goods, equity loans, utilities, landlord-tenant issues and mail order concerns also often generate consumers' wrath. 

May 9, 2001 Realty Consumers Empowered By Online "Peoples" Court by Broderick Perkins   For years after she purchased her newly-built home in 1992, Nancy Seats, a 66-year-old Liberty City, MO home owner grappled with builders and government officials to correct major structural flaws. 

May 06, 2001 Construction Defect Seminar. Featured Speaker, Janet Ahmad President of omeOwners for Better Building. West Coast Casualty Service, Inc. puts on a yearly seminar addressing all issues of the construction defect community. It is the largest and most highly attended seminar of its kind in the United States. Our next seminar is scheduled for May 17th and 18th, 2001 at the Disneyland Hotel in Anaheim, California. 

May 06, 2001 Texas Homebuilders hear from HomeOwners for Better Building. Homebuilder sponsored bills die in Texas Legislature:

SB623 : Providing more protection to the builder for not offering a reasonable solution to the homeowner via the Residential Construction Liability Act. 

HB2055 : Companion bill of SB623

SB1324 : Relieving the builders of the implied warranty of habitability and good workmanship. This issue is currently being decided by the Texas Supreme Court.

HB2931 : Companion bill of SB1324.

May 06, 2001 Posted to the Mold Page: Damp conditions contribute to mold By Cynthia T. Pegram The News & Advance. "We are seeing children from all over the country who have had extensive exposure to toxic fungi in their homes, and yes, there are some health effects. "

May 5, 2001 The 7th Amendment to the Constitution of the United States Ratified December 15, 1791: "In suits at common law, where the value in controversy shall exceed twenty dollars, the right of a trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than  according to the rules of common law."

"Any "unresolved dispute" (defined below) that you may have with the Builder[Centex], RWC or WPIC, shall be submitted to binding arbitration....the decision of the arbitrator shall be final and binding upon all parties. --Residential Warrant Corporation Limited Warranty Program  provided by Centex Homes 

May 5, 2001 Posted to the Lemon Law Page: MASSACHUSETT CONSIDERING A HOME LEMON LAW!  Lemon law sought for home buyers   By Walter V. Robinson and Michael Rezendes, Globe Staff, 5/5/2001. "In a proposal that could lead to a national precedent, the state's top consumer official said yesterday that new home buyers should have the same protections the Massachusetts ''lemon'' law provides for new car buyers, who can get their money back if serious flaws go unrepaired."

May 4, 2001 Added to the Pulte Homes Page  Pulte Websites: Multiple homeowner websites

May 4, 2001 Added to the Pulte Homes WISTV.COM South Carolina homes part of Dateline: NBC investigation. "The response that we've gotten from Pulte has been insulting"
] 
May 4, 2001 Added to the KBHomes page: Lago Vista Subdivision disclosure statement to potential new homeowners. "You hereby agree to release Kaufman and Broad from any claims, action, causes of action, personal injury, death or property losses related to the quality of drinking water in Lago Vista."

May 4, 2001 Mold forces family to leave  By LARRY HIGGS  Staff Writer   Published in the Courier News on May 4, 2001. "We are without a home and our family unit has been turned upside down," she said. 

May 4, 2001 Added to the Pulte Homes PagePulte Websites created by Pulte Homeowners.

May 2, 2001 Coming Soon! "A New Homebuyers Guide to Texas Homebuilders" What you should know about your builder, what you should ask your builder, what protection does your warranty provide you, what protection you have if you have a defect. All coming soon.

May 2, 2001 Posted: A Review of the Homes of Texas 2-10 Year Written Warranty for New Homes.

May 2, 2001 Boston Globe: Luxury by Design, Quality by Chance. Part 4 "Meanwhile, tims may be changing. In Texas, home buyer advocates are pushing a ''home lemon law'' under consideration by the state Legislature. The proposal is fashioned after automotive lemon laws on the books in many states, including Massachusetts, which require manufacturers to either repair defective cars or buy them back."

May 2, 2001 Boston Globe: T A R E I OnLine Texas Association of Real Estate Inspectors. Texas Homebuyer Protection Act Introduced in Texas Legislature. "Reflect on this for a moment. The Texas homebuilder is allowed by law to build an inferior home that adheres to few, if any of the standards set forth by the uniform or national building codes. The Texas homebuilder implements a contract and a deed that precludes the homeowner and all subsequent homeowners from suing the builder. The Texas homebuilder provides the homeowner with a ten (10) year structural warranty that has language in the warranty that states that the home must be unsafe for the warranty to cover repairs to the home. Where does this leave the real estate sales community?"

May 1, 2001 San Antonio Lightning: Affordable Housing At What Price? By Janet Ahmad President HomeOwners for Better Building. "You agree and acknowledge that Kaufman and Broad is not responsible or liable for any environmental conditions at Lago Vista that are the result of the environmental contamination at Kelly AFB, including but not limited to the polluted groundwater. " ---Lago Vista Disclaimer.

May 1, 2001 San Antonio Lightning: (Satire) Henry Cisneros Proudly Presents
Canal De Amor. [Henry Cisneros of KBHomes] Presenting the newest in home development...an affordable, probably non-toxic, housing community for the San Antonio market!

May 1, 2001 Fox TV Austin: HOME LEMON LAW   It's coming down to the wire for a bill that could give homebuyers in Texas more protection. The Shuey family says the New Home Lemon Law is exactly what is needed. The family saw their Kimball Hill Home turn into a nightmare after the foundation started moving.
 

April 30, 2001 From New Jersey's President of HomeOwners for Better Building President of New Jersey.Marie Crosby and family have been ordered to move out of their home while the builder attempts to repair defects in their home.

Stuck with crumbling home, owners sue  Published in the Courier News on November 18, 2000  By LARRY HIGGS  Staff Writer  "A family's dream home has quickly become their nightmare -- now they're suing the township and the home builder."

More flaws turn up in home  By LARRY HIGGS  Staff Writer   Published in the Courier News on December 27, 2000   BRANCHBURG -- State inspectors have found another violation that township building officials missed when they checked the home of a family who sued because other construction flaws were overlooked. 

Family, code department are battling  By LARRY HIGGS  Staff Writer  Published in the Courier News on April 8, 2001   BRANCHBURG -- A family is involved in a classic "Catch-22" situation with the township Building Department. But it could cost them a $100 a day fine. 

Owners get extension to repair defective home  By LARRY HIGGS  Staff Writer   Published in the Courier News on April 26, 2001   BRANCHBURG-- The Crosby family has received some help from the state in the ongoing saga of their defect-riddled home.

April 29, 2001 Boston Globe: Luxury by Design, Quality by Chance. A 4 part series concerning the building industry. "The Spotlight Team also found that substandard home construction is a growing national problem, and that many national home building firms have taken advantage of a lack of government oversight. "

DAY ONE
Home builder leaves trail of bitter buyers
Problems undermine Hopkinton subdivision
Cost-saving practices a hit with Wall Street

Web-only
It would be less expensive ... to start over'
For both sides, a long-running nightmare
A seventh-grade shop project gone wrong'
They simply cannot do the job'

DAY TWO
Questionable sales practices 

DAY THREE
Sub-par materials used 

DAY FOUR
A national surge in buyer complaints 

April 28, 2001 Posted to the warranty page: a FAQ about new home warranties. What you should know about them in simple easy to understand questions and answers.

April 22, 2001 Eroding trust. New home buyers vent frustrations at builder [KBHOMES] By Ian McCannThe Dallas Morning News. "One of the biggest problems, homeowners said, is poor customer service."

April 17, 2001 WFAA CH 8 News Dallas: KBHomes Homeowners take their complaints to the Frisco City council. The Proposed Texas Home Lemon Law is mentioned. You can view the news on April 16 and April 17at:

• http://playlist.yahoo.com/makeplaylist.asp?id=902102
• http://playlist.yahoo.com/makeplaylist.asp?id=902422

April 17, 2001 Lemon law could put squeeze on faulty homes By: JAY GRAHAM, Citizen Staff April 18, 2001Homeowner John Cobarruvias could be involved in the PTA or acting as a soccer coach if it wasn't for a defect in his home. "The beauty of the thing," Cobarruvias said, "is that you don't need an attorney. You give them every opportunity to fix the property. If they can't fix the problem, then they will buy it back from you."

April 17, 2001 Dateline NBC:"Reading the fine print" Do home warranties offer protection for buyers?. Dateline NBC April 17, 2001. With warranties like this, a Lemon Law is needed!

April 17, 2001 K&B in the news again in Dallas:  Homeowners Speak Out Against Buider  FRISCO s Dozens of angry homeowners in Frisco are calling for the city to take action against their builder, KB Home. ... Meanwhile, a homebuyerms lemon law is being considered by state lawmakers in Austin. 

April 17, 2001 Quote of the day: "Any time we get a complaint or work order from a home we address it in a timely fashion," said David Christian, with K-B Home." Homeowners Accuse Builder of Shoddy Work Reporter: Brett Shipp

April 11, 2001 NEWS ALERT:DATELINE. TUESDAY. APRIL 17. ABOUT NEW HOME WARRANTIES! Learn why the Texas Supreme Court CANNOT rule in falvor of Centex Homes to relieve them of the implied warranty of habitability and allow them to rely on their "expressed warranties".

April 11, 2001 Support for the Texas Home Lemon Law: 

"From a business perspective, real estate inspectors know that as long as builders continue to be allowed to build disposable houses, homebuyers will hire an inspector to help reduce risk. However, from a moral and ethical standpoint, we are compelled to support legislation that protects the consumer." -- Texas Association of Real Estate Inspectors.

April 11, 2001 Added the Poster Child of the Texas Home Lemon Law, Kimball Homes in Austin, Texas.

April 07, 2001 Kaufman and Broad (KBhomes) homeowners shut down an open house in San Antonio using the only tool available to them. Picketing. This is called the Texas 2 by 4.

April 04, 2001 "Homebuilders call for housing stimulus package" San Antonio Express News. April 4, 2001. "We make no representation, express or implied, regarding members's qualifications of the quality of their products and services....." (concerning the members of the San Antonio Builders Association.

April 04, 2001 Posted to the Lemon Law Page: KHOU TV 10:00 News on The New Home Lemon Law.  lHomeowners have tremendous amounts of rights.n" --President of Houston's Builders' Association, Jim Frankel. (And the Easter Bunny is real.)

Mar 30, 2001 Posted to the Lemon Law Page: Posted an updated comparision of homebuilders in Texas in reference to binding arbitration clauses, BBB membership and status, and home warranty used.

Mar 30 2001: Testimony heard for Texas Senate Bill SB623 Randy Birdwell, (President?) of Emerald Homes spoke in favor of the bill. This bill would provide more protection to builders even if a reasonable offer was not provided prior to a suit (arbitration). Others who testified include:

FOR:

Birdwell, Randy (Texas Association of Builders and Emerald Builders), The Woodlands, TX
Bush, Robert L. (TAB and Dallas HBA), Arlington, TX
Paxson, Stephen (Self), Houston, TX

AGAINST: 

Ahmad, Janet (Home Owners for Better Building), San Antonio, TX
Cobarruvias, John R. (Home Owners for Better Building), Houston, TX
McQuality, Mark S. (Self), Dallas, TX
Stark, Anne P. (Homeowners), Dallas, TX
Turner, Cheryl C. (Self), Dallas, TX

Mar 25, 2001 Posted to the Lemon Law Page: When is a house also a lemon? by By Shonda Novak American-Statesman Staff Saturday, March 24, 2001. "The existing home warranties "are deception -- they're not protection," said John Cobarruvias, president of the Houston chapter of HomeOwners for Better Building, who said problems with defective windows in his home cost him $10,000."

Mar 22, 2001 Posted to the Lemon Law Page: HEARINGS SET FOR HB2931 TUESDAY MARCH 27. Relieving the homebuilder of the implied warranty of habitability in Texas. See Centex Homes for background.

Mar 22, 2001 Posted to the Lemon Law Page: The Jury's out on Binding Arbitration. "A leading credit card lender, First USA, has arbitrated 19,705 disputes. Arbitrators ruled for the bank in 99.6 percent of these disputes."

Mar 2, 2001 Posted to the Lemon Law Page: Got lemons? Proposed "home lemon law" would force  Texas builders to buy back defective houses. By]Julie Clairmont Inman News Features. 
"Texas home builders are feeling pretty sour about a bill filed by state Sen. Leticia Van De Putte of San Antonio on Feb. 16."

Mar 2, 2001 Posted to the Lemon Law Page: A comparison of Texas homebuilders warranties and contracts.

Mar 2, 2001 Posted to Builders in the News: Building firm paid $225,000 owed by DiFrancesco  BY DUNSTAN McNICHOL AND JENNIFER GOLSON STAR-LEDGER STAFF "In addition, the New Jersey Builders Association, whose members include Hovnanian, spent $360,000 lobbying lawmakers on 75 separate pieces of legislation in the Senate and Assembly last year, according to reports filed yesterday. It was the second most expensive lobbying effort by any single group last year."

Mar 2, 2001 Posted to Builders in the News: Builder Aided DiFrancesco in Land Deal By DAVID M. HALBFINGER New York Times.  TRENTON, Feb. 28 s Five years ago, one of New Jersey's largest home builders provided $225,000 to Donald T. DiFrancesco, the State Senate president, to pay off an outstanding legal judgment, court records show. Mr. DiFrancesco, who also became acting governor of New Jersey a month ago, has never repaid the money and says he does not think it is his responsibility to do so.

Mar 2, 2001 Posted to the Lemon Law Page: 7 on Your Side FoxTV Austin news story on Kimball Homes and the Lemon Law. See the video at www.unhappyhomebuyers.com.

Feb 28, 2001 Posted to the Lemon Law Page: Letters to the Editor, The Houston Press SCROLL DOWN TO: Builders are bullies: Shame on Toy Wood ["When Life Gives You LemonsV,"  by Brad Tyer, January 25]. She makes no mention of the modifications to the Residential Construction Liability Act of 1989, under the guise of protecting the building industry from "frivolous lawsuits" and "disruption." The standard builder's  contract with the buyer states that the builder isn't liable for any claims made by  advertising or salespeople. Doesn't that legalize lying? 

Feb 28, 2001 Posted to the Mold Page: The Attack of the Black Mold by Rose Farley The Dallas Observer. "Since then, Ballard says she has compiled a private database that today includes  more than 9,000 mold-related lawsuits filed across the country, including more than   200 in Dallas and Fort Worth."

Feb 21, 2001 Welcome to Marie Crosby,  HOBB's new President of the New Jersey  Chapter!

Feb 18, 2001 Posted a PDF Copy of the Amicus-Curiae supplied to the Texas Supreme Court for Centex Homes v. Buecher in support of Centex. A review of this amicus is also available.

Feb 15, 2001 Posted a Review of the Amicus-Curiae supplied to the TexasSupreme Court for Centex Homes v. Buecher in support of Centex.

Feb 15, 2001 Posted a Review of the Residential Warranty Corporation 10 Year Warranty. This is the warranty provided by Centex in Texas. If you have any comments, or if you found I have not represented the facts correctly, please contact me at john.cobarruvias@hobb.org so I may correct it.

Feb 15, 2001 Recived a copy of the Brief of Amicus-Curiae supplied to the TexasSupreme Court for Centex Homes v. Buecher in support of Centex. . "The fees for preparation of this brief have been paid by NAHB." (National Assoc of Home Builders) (PDF version of the complete document coming soon.) Of particular interest:

Quote: "Between 1987 and 1998, Home Buyers Warranty Corporation, one of the laargest providers of ten-year insured warranty programs in Texas paid an average more than $0,000 per accepted structural claim to home owners in Texas"

How many claims were "accepted"? And what percentage of claims are denied? And, by the way, Centex Homes doesn't use the HBW. They use the RWC warranty which has over 38 exclusions including

Loss or damage caused by soil movement

Consequential or incidental damages

Loss or damage resulting from, or made worse by the the presense of hazardous or toxic materials resulting in uninhabitability or health risk within the home.

Feb 14, 2001 Added a new page on Life Forms Homes, a builder in the Houston area. 

Feb 12, 2001 Added to the Kaufman Page:  Prospective Homebuyers, Protesters Mix At Grand Opening   Kaufman & Broad Subdivision Scene Of Homeowner Protest (KSAT-TV San Antonio, TX

"Along with prospective buyers for the newly built houses in the city's South Side, protesters arrived to air dissatisfactions with their own Kaufman & Broad homes located elsewhere in the city. Homeowners from the Northhampton subdivision in the city's Northeast Side have filed complaints with the builder, alleging shoddy workmanship. "

See background on Former HUD Director Henry Cisneros and American CityVista: 

Sept 2, 2000Added to Builders in the News Kaufman and Broad looks at buying out homeowners.  By Daryl Bell Express-News Staff Writer "Kaufman and Broad, a primary builder in the Northampton Homes subdivision,  has been busy trying to negotiate buyouts with several homeowners."

Aug 26, 2000Added to Builders in the News Salas says builder failed to ensure stable subsoil By Daryl Bell Express-News Staff Writer In a letter sent to residents of Northampton Homes, San Antonio City  Councilman Mario Salas questions why Kaufman and Broad, builders of the controversial subdivision, developed an area with unstable soil.

Aug 5, 2000Added to Builders in the NewsCisneros coming back to S.A. By Elizabeth Allen and Jeanne Russell Express-News Staff Writers Henry Cisneros is returning to San Antonio to build homes, not rebuild a political career.... Cisneros' firm, American CityVista, will enter a growing market for urban reinvestment. He plans to use some of the money he earned while president of the Univision television network to help launch a joint venture with Kaufman and Broad Home Corp. to build homes in Southwestern cities. 

Aug 1, 2000 Added to Builders in the NewsBuilder to help in Northampton By Daryl Bell Express-News Staff Writer The builder of a subdivision that residents say is plagued with flawed homes assured 150 homeowners Tuesday that the problems will be corrected.

The promise from Kaufman and Broad to residents of the Northampton Homes subdivision came during a two-hour meeting that drew protests from many homeowners after the meeting site was switched at the last minute.

July 29, 2000 Bill would let owners sue home builders.By Daryl Bell Express-News Staff Writer Home buyers would no longer have to sign away their rights to seek court damages for shoddy construction under a bill sponsored by San Antonio congressmen.

Responding to complaints in the Northampton subdivision, Democrats Charlie Gonzalez and Ciro Rodriguez sponsored the Home Buyer Protection Act on Thursday to reform home-buying contracts and eliminate mandatory arbitration clauses.

Feb 10, 2001 Added a link to the Link Page to the Federal Trade Commision complaint form. Take 5 minutes of your time and submit a complaint about your builder. This will help in the long run.

Feb 10, 2001 The Home Lemon Law by KHOU TV Houston, TX aired Friday at 5:00. More to come from Austin, Dallas, and San Antonio.
Feb 7, 2001 From The Dallas Observer concerning "tort reform" and David Weekley Homes: Redefining reform  Big business proponents contrive some of the worst bills of the 74th session  By Molly Ivins "Say a builder has been using some cheesy materials that fall apart after 10 years. No responsibility falls to the builder--you have to sue the manufacturer"
 

Feb 7, 2001 From The Houston Better Business Files Feb 6, 2001: I found these tidbits about the major builders in Houston TX searching the http://www.bbbhou.org site.

"Based on BBB files, this company has an unsatisfactory record with the Bureau due to unanswered complaint(s)."

**Pulte Homes
**David Weekley Homes
**Kaufman & Broad Corporate Office
**Beazer Homes Texas, L.P.
**Emerald Homes
**Village Builders
**Horton, D.R. Custom Homes

**Not a BBB member. You can do a check on these builders for your own city by visiting the BBB site at http://www.bbb.org/reports/bizreports.asp

Feb 5, 2001 Added to the David Weekley Page:   Slab o' Trouble  Some David Weekley homebuyers discovered their dreams were built on shifting sands. What's worse, they say, is that Weekley knew.  By Bob Burtman  The Houston Press. "When Weekley failed to take care of the unfinished items after more than a month of requests to do so, however, Carlos posted a sign in the front yard that said, "Come Talk to Me Before You Buy a David Weekley Home." That day, says Claudia, a crew arrived and tackled the checklist."

Feb 5, 2001 Added to the David Weekley Page:   Weekley for the Defense   By Bob Burtman The Houston Press." If the Murillos, Townsends and Ganjis tried to bring their suits against David Weekley Homes today, they might have a tougher time in court, thanks to revisions in the law approved during the 1995 legislative session. Those changes were largely due to the efforts of Texans for Lawsuit Reform and its founder, shopping center developer Dick Weekley, David's brother."

Feb 5, 2001 Real estate czars blamed for Indian quake deaths  By NEELESH MISRA  Associated Press To meet demand, some builders reclaim land from the sea and from village ponds, snuffing out crucial water resources. Bribing officials to overlook poor workmanship or code violations is not uncommon, and officials often are unqualified to carry out inspections.

Feb 5, 2001 Added to the Mold Page:

Sick Building Syndrome Cold symptoms may be caused by the building in which you work.  By Alan Isbell 

Suspension Lifted for Principal  Johnson Recommends Move Out of Liberty  By Graeme Zielinski Washington Post Staff Writer Sunday, January 28, 2001;  Fauquier County School Superintendent Dallas M. Johnson took Liberty High School Principal Trudy K. Peterman off administrative leave Friday after a five-day suspension but recommended to the School Board that she be reassigned to a different job.

Mold Found In School Over A Year Ago HOUSTON -- As it turns out, some people in the Fort Bend Independent School District knew about the problem at First  Colony Middle School a year ago and did nothing.

Mold in the Books For months, workers toiled to rid a Montgomery County school of a serious problem: Mold.  After a $600,000 clean up of Lower Pottsgrove Elementary, mold has resurfaced in library books.

Toxic Mold: Did One School District Keep Parents In The Dark?   February 2, 2001  ] By Emily Langlie  WESTERN WASHINGTON - More than half of our nation's schools have poor air quality, according to a 1995 study. In our wet Northwest climate the cause of that poor air quality is sometimes mold -- toxic mold. 

Feb 2, 2001 Added to the Mold Page: Dangerous Mold Forcing People Out  Of Their Homes KPRC Ch 2 HoustonMold Was Used As Biological Weapon HOUSTON, 1:40 p.m. CST February 2, 2001 -- Mold is commonplace in homes and businesses, but for one Houston family a deadly form of mold forced them out of their homes. 

Feb 1, 2001 Added to the Mold Page: 11 News Up Close: House of Molds By Carolyn Mungo11 News Houston TX. "Yet, the Brunson family can only look at pictures of their home, knowing they may never be able to go back. The mold in their house came from a questionable construction method. Insurance has denied their claim."

Jan 30, 2001 Added to Homeowner Websites  DavidWeekleyHome.com

Jan 29, 2001: Added sections for Pulte Homes and Kimball Hills Homes.

Jan 29, 2001: Judge rejects motion to drop liability suit  Published in the Home News Tribune 1/21/01  By LARRY HIGGS GANNETT NEW JERSEY The suit, filed in November, claims the house was advertised as a new home, when it was actually rebuilt on the old foundation. Now water is leaking through the foundation, which is bowing. When the Crosbys tried to get defects repaired under their homeowners warranty, they were told that the house was considered a rebuild and was not covered, according to the suit.

Jan 25, 2001: When Life Gives You Lemons... By Brad Tyer The Houston Press. (Concerning the proposed Texas Home Lemon Law)  "Whether you like it or not, when you start raising a builder's risk  to litigation, he has to increase the cost of his home"  --Toy Wood, vice president and director of governmental affairs for  the Greater Houston Builders Association

"What litigation expenses? In Texas you CAN'T sue the builder because  of binding arbitration! The lemon law will allow the builder to buy  back his "quality" home and sell it to another sap ....uh....   homebuyer without ever visiting the inside of a  jail ..uh.. court house."  --John Cobarruvias HomeOwners for Better Building.

Jan 23, 2001:  Posted in Construction Defects: FireFree Tile of Quantum Panel Roofs settlement. (roofing tiles I believe.) www.firefreeclaims.com.

Jan 23, 2001:  Posted in Centex Page: New photos of the ABTCO siding installed on a Centex home. These photos were taken during a site visit by HOBB.

Jan 23, 2001: Added a new section for Ryland Homes.

Jan 18, 2001: Posted to the the Kaufman and Broad (KB Homes) page: "Los Angeles-based Kaufman and Broad announced Wednesday it is changing its name to KB Homes.

We think itms great that our company has established such trust and familiarity with our customers that they recognize us by this shorter, friendlier name," company Chairman and Chief Executive Officer Bruce Karatz said recently.  "The name KB Home is a warm way to reflect what we offer." Warmly reflect  on the Kaufman Page.

Jan 18, 2001: Posted to the Centex and Supreme Court page:The Home Boysm Hold  On the High Court "The justices [Texas Supreme Court] also took $363,338 from Centexms law firms, Baker & Botts and Bracewell & Patterson, which put two ex-justices on the case (Eugene Cook and Joe Greenhill). Justice Nathan Hecht took $5,000 from Bracewell in the past two months alone." Texans for Public Justice.

Jan 14, 2001: Posted to the Mold How to Identify the mold in your home.

Jan 14, 2001: Posted to the Mold Wiped out by a microbe Sparks family driven from home by toxic mold.  By Frank X. Mullen Jr. Reno Gazette-Journal Sunday January 14th, 2001. A MUST READ story.

Jan 13, 2001: COMING SOON! A complete report on the Kaufman and Broad situation in Dixon California. Site visit being planned for early Feb. More details coming! For background see: Mold Forces Families Out Of Homes. Families Demand Answers From Home Builders

Jan 12, 2001:  Posted to the Mold and Kaufman & Broad Page: Mold Forces Families Out Of Homes. Families Demand Answers From Home Builders The Flanigans were among a group of about a dozen residents of a Kaufman & Broad housing tract in Dixon who picketed a company sales office Sunday on Christine Drive in Vacaville. They all expressed deep concerns about moisture penetration on the foundations of their Dixon homes that has led, they say, to family illnesses and damage to their $200,000-plus structures.

Jan 8, 2001:  Posted to the Arbitration Page: FHA/VA does NOT allow mandatory binding arbitration in homeowners warranties. A review of the Residential Warranty Corporations warranty (warranty used by Texas Homebuilders) is coming. FHA/VA has an addendum to the document stating binding arbitration is NOT mandatory!

Jan 5, 2001:  Posted to Mold page: The following stories:

Deadly mold is found in cellars of 2 homes . Sewers in Macomb Twp., Farmington spew substance that killed babies in Ohio.  By Kevin Lynch/ The Detroit News .A mold linked to ten infant deaths in Cleveland has been found in two Metro Detroit houses, according to a Troy-based air quality testing company. 

Health problems linked to mold. Alan Lessig /The Detroit News. WESTLAND -- About a week after the blizzard of 1999 flooded Ed and Nancy Ajlouny's house, their son's nose began to bleed. Then their tempers shortened, their memories failed and their heads ached. 

This mold house.Renovation can trigger allergic reactions.July 23, 1998 "Renovation sinusitis" may not be found in medical texts, but it's very real, says Dr. Mary C. Tobin, director of allergy-immunology at Loyola University Chicago.

Is Indoor Mold Contamination a Threat to Health? Harriet M. Ammann, Ph.D., D.A.B.T. Senior Toxicologist Washington State Department of Health Olympia, Washington

STATE HEALTH DEPARTMENT ISSUES WARNING ON INDOOR MOLDS. SACRAMENTO - Due to excessive rainfall this winter and the inability of building materials to dry out between storms, some California residents are finding mold in unusual places in their homes. Mold grows where water or water vapor is present, and though it is common to have small amounts of black mold (mildew) growing on shower or bath tiles in homes, many residents are now recognizing mold growing on window frames and sills, along baseboards and walls, or in carpets

Sniff Mold, Catch a Cold  By Ann Quigley Health SCOUT Reporter WEDNESDAY, Aug. 30 (HealthSCOUT) -- That greenish-black patch of mold growing on a damp windowsill may not look attractive, but it can't hurt you, right? 

Bleeding lungs tied to moisture Associated Press  ATLANTA (AP) - Pediatricians unable to trace the cause of bleeding lungs in infants should ask parents whether they've had severe water damage in their homes, a national pediatricians group recommended Monday.  Severe water damage in wood, wallpaper, ceiling tiles and paper products can sometimes give rise to toxic mold called "stachybotrys" that can attack the growing lungs of infants and cause bleeding. 
 

Jan 4, 2001:  Posted to Mold page: Students Fall Ill  By Brigid Schulte Washington Post Staff Writer Sunday, December 17, 2000.   "Justin Cox, all of 8 years old, has been getting worse and worse since school began in September. His asthma, once manageable, is out of control. He wheezes and coughs and can't catch his breath. At night, he wakes up in a panic, sometimes vomiting the phlegm that has pooled in his lungs."