Utah Land Scam: Quality Wholesale Home, Southern UT Fed Credit Union

[Toni Thayer]

Please, we are looking for help anywhere we can. We've been through all state agencies and avenues of approaches. We are now coming to the US Attorney General since the State of Utah is also connected, whether that connection is political or through the Mormon Church, or both, we are not sure. We've had $30,000+ stolen, we're about to be homeless, and now they are coming to steal our land and water rights. We only have 30 days before we lose it all.

The land scam consists of a manufactured home dealer who doesn't really sell homes, but steals deposit monies. They do this by stalling and stalling, and not placing the order with the factory, and then, finally, canceling your contract. They will not, however, return your $30,000+ down payment unless you sign a "gag order" release with them to keep everything "secret and confidential", and they NEVER return $1,500 of the bigger total to anyone, in spite of state law that says they must return ALL down payment monies within ten business days.

The credit union lender stalls for six weeks to send the final documents on the pre-approved loan. They issue an erroneous appraisal which includes the language of your water rights but none of their substantial value. They do not give you a copy of the appraisal before you sign their Promissory Note at the title company located in a remote location far from their office and your home (the logistics of doing business in remote southern Utah). They lien all of your parcels of land, not just the one parcel included in the appraisal and loan. The loan officer is never in and never returns your phone calls on these errors.

The dealer and lender meet secretly to "negotiate" the terms of "a resolution" to the "dispute" that they have concocted. Neither party will accept multiple phone calls from you before or during their secret meeting about your desires. The lender appears to represent your best interests, even though they will not talk to you. You are located hundreds of miles away in a small rural town.

They produce a "gag order" which releases them both from liability and requires their dealings be kept "secret and confidential". They tell you that your spouse must also sign the gag order release in order to receive your monies back, even though she was not a party to the contract with the dealer or the note with the lender. They say after five months of this run around that you've become combative and they won't speak to you by phone anymore.

The dealer continues to hold your $30,000+, and the lender cancels the construction loan and calls it due within 30 days.

Our short investigation into this matter found many, many, many other Utahns who have had the same theft by the dealer, but "resolved" it with their gag order. Most never received their initial $1,500 back. We found witnesses throughout southern Utah who knew of victims, who were former employees for the dealer, who represented victims, who sold victims new homes after their "dispute".

Similar complaints have been filed in the past with the State of Utah Professional and Occupational Licensing Department and the Better Business Bureau. The licensing department said to deal "cautiously" with them and "get everything in writing". All complaints were "resolved". We also filed a complaint with the Utah Consumer Protection Division, the Real Estate Department and Attorney General Mark Shurtleff. Initially, Consumer Protection thought that it would go to a full hearing with witnesses, subpoenas, evidence, etc.

Initially, the Utah Attorney General's office said that "it sounds like the place needs to be shut down." When my Utah State Representative tried to contact this person at the AG's office, he was told there was no one working in their department by that name, even though we had just spoken with her that morning.

Then, Utah political pressure was really applied to the state agencies, and Licensing and Consumer Protection dropped it. No witnesses were called, no resolution to any of the issues was made, they referred us to the St. George, Utah City Police Department.

I've been up all night, faxing and emailing the below to state and national news, investigative reporters and authors, all Utah state and national political officials and offices. I expect some action and responsibility from someone within the State of Utah for these crimes against us. They've set us up, they were well aware of these ongoing and repeated dealings, and they continue to license them. Consumer Protection was set up with only duties to protect consumers. They're blatantly ignoring their own laws and duties.

We have no home, our landlord has already extended our move-out date 3 times due to the delays inflicted by the dealer and the lender, and he has sold his home. We have no money, since we've paid down payments, a foundation and infrastructure without a house, loss of income in fighting them for our money, and just recently had to buy whatever we could afford which is a 12 foot wide, used junky trailer. In 30 days we won't even have the sewer system, infrastructure or foundation 'cause the construction loan comes due and the lender has liened it all.

Won't you expose this ongoing land fraud scam?????????????????????????????????? PLEASE ! We have tons of written and documented evidence.

Toni Thayer and Steve Gessig
Escalante UT 84726


Email to Attorney General Shurtleff:

-----Original Message-----
From: Toni Thayer [mailto:[email protected]]
Sent: Sunday, April 24, 2005 2:29 AM
To: [email protected]

Subject: Land Scam S. Utah, Money Stolen, Losing Land and Water:
Shurtleff's Notification

This is our formal notification to Mark Shurtleff, Attorney General of the State of Utah, of a land scam occurring in southern Utah. We are doing this via email because your receptionists will not allow any calls to you. We are doing this via email because your webpage does not list a fax number for you. We are also mailing all of this certified letter to you.

I'm awake at this early hour, 3 am, because I cannot sleep as my husband and I are about to lose our land and water rights, and we've already had thousands of dollars stolen by a manufactured home dealer in conjunction with the same deal. This is not a civil matter, it is out and out criminal actions on the part of Nevada corporation doing business in the state of Utah and a St. George credit union.

They created the dispute, they cancelled the contract since they could not deliver a product (which brand was also misrepresented to us at the time of the sale), they've stolen our $30,000+ and now they're getting ready to take our land and water rights which were also secured illegally by the lender. It's a repeated pattern, and we easily found many witnesses telling the same tales throughout southern Utah.

We have gone through all avenues on the state level for help. The Division of Consumer Protection has referred us to the St. George Police Department, but as I read Utah statutes, I see that all responsibility rests with the state, and the state is not doing their job. In fact, the state is continually licensing this criminal corporation, year after year, in spite of similar complaints filed against them. So, don't tell us that this is our personal problem. It is not. It is a state problem. It is Mark Shurtleff's problem and no one elses.

During this last election, Mr. Shurtleff told my husband who is the Republican delegate for our area that if he ever needed any help, to contact him. We are contacting him and would appreciate a call to us as soon as possible.

Toni Thayer and Steve Gessig
Escalante UT 84726


Email to my State Representative, Mike Noel:

-----Original Message-----
From: Toni Thayer [mailto:[email protected]]
Sent: Sunday, April 24, 2005 1:58 AM
To: [email protected]
Subject: RE: FW: Gessig/Thayer/QWH

No, now, we just stand to lose our land and water rights. They have us right where they want us. The lender has notified us today that the entire construction loan is due and payable within 30 days.

I think I mentioned already that they originally liened all of our parcels of land which we caught at the title company. I need to check with the county recorder's office to make sure that did, in fact, get recorded only against one parcel.

Also, the language on the lender's appraisal (not provided to us before closing at the title company, it was supposed to be there for us in Panguitch, but the lender didn't send it in the package to the title company) said that the deal included all of our water rights, although they did not include the value of those rights in the total.

When we finally did get the appraisal, I called SUFCU, they said they would correct it later. I called Judd, the appraisal. He answered the phone and said that water rights are never included in the appraisal. He referred me to Thomas Forsythe who prepared it. Tom said that no the water rights weren't included, and I referred him to the page that said they were included. He admitted that I was right. The language is there, but not the value. It was never corrected. Last Friday, we mailed a certified letter stating everyone's conversations on the appraisal to both SUFCU and Judd.

If this isn't a scam, I don't know what is. Originally, Consumer Protection said it would probably go to a hearing, now they're willing to look the other way on everything, and Steve J didn't even call the former employee who confirms everything that we're saying and had a whole bunch more. Steve J referred us to the St. George Police Department.

I called an attorney recommended by Mark Habbeshaw, Mike Shaw of St George. Shaw's office said they'd have to check to see if they represent QWH. We never heard back from them. We tried to retain Ed Robbins of Kanab who Bob Senecal referred us to, but he says he's too busy.

Do you know any other attorneys? Seems like the state is really falling down on this. Is it the traditional Mormon connection which erases all illegalities?

Who's over the high and mighty Shurtleff who promises the world when he's here campaigning? He told Steve that if he ever needed any help to contact him personally. Well, his receptionists make that an impossibility, in fact, they laugh at you.

What's up with this, Mike?


FAX TO STEVE JENTZSCH, UTAH DIV OF CONSUMER PROTECTION:

TO: Steve Jentzsch FROM: Toni Thayer
Utah Division of Consumer Protection
FAX NO.: 801-530-6001 DATE: April 22, 2005

RE: Forever Homes, Inc. dba Quality Wholesale Homes & Furnishings
NO. OF PAGES: 2

This fax is to confirm my understanding of our telephone conversation today regarding my husband’s, Steve Gessig, and my complaint previously filed against the above-referenced Nevada corporation, operating in Utah as a manufactured home dealer in St. George, Utah.

A portion of our complaint on QWH with your department has, supposedly, been resolved by QWH’s offer of today to mail a check to our lender for their monies paid on our behalf to QWH. I presume this payment by QWH to the lender will be received prior to the ten business days refund requirement, May 2, 2005, under Utah Code Title 13-11-4(l). As a note for the record, this is contrary to the stated Utah statute because the law states: "any refund shall be mailed or delivered to the buyer." We, the buyers, have no way of knowing when or if this money is ever received, or the exact amount received, since it is not being mailed directly to us, the buyers, and the only parties involved in this matter, other than QWH.

The Division of Consumer Protection has not resolved, and does not care about, our personal down payment made to QWH, and is not going to pursue QWH’s breaking of Utah law, Title 13-11-4(l) which clearly states that the buyer’s remedy is to "receive a refund of all previous payments to the supplier", and that your recommendation to me today was to contact the St. George Police Department regarding these monies still stolen and held by QWH.

The Division of Consumer Protection has not fully investigated our complaint as of today, since they have not spoken to any witnesses whose names and contact information were provided to the department, regarding deceptive business practices by QWH. This issue remains unresolved.

The Division of Consumer Protection has not investigated as of today, QWH’s misrepresentation of their product by denying consumers the right to know what brand of manufactured home they are actually buying, which Utah Code 13-11a-3(b) says is illegal, "A person causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services."


The Division of Consumer Protection has not resolved, and does not care about, QWH’s deceptive business practice of requiring from us, our down payment in the amount of $30,265.50 to "place the order with the factory", but instead holding our monies for nearly two months and not placing the order with the factory until the day we called to get the delivery date which they promised would happen the following week.

The Division of Consumer Protection has not resolved, or investigated into, the many, many other Utahns who have had the same deceptive practices applied by QWH and "resolved" only through QWH "gag orders".

The Division of Consumer Protection has not taken into account other unappropriate actions and dealings in this complaint, namely, an erroneous appraisal which included the language that all of our water rights were included in the value of the appraised home, but that none of the actual financial value of those water rights were included in the overall total, or that the lender attempted to secure all of our parcels of land by way of means of Trust Deed, rather than merely the 4.06 acres for the homesite as the deal was established. That the lender and QWH met secretly without ever contacting us prior to their secret negotiations.

The Division of Consumer Protection does not care that QWH’s deceptive business practices have left my husband and I homeless, nor do they care to fully investigate QWH’s ongoing and illegal activities which could prevent similar future actions and crimes made against Utah’s taxpayers and residents by QWH.

That, basically, the only resolution made to our complaint to-date is for our lender, Southern Utah Federal Credit Union, to receive their monies returned to them by QWH and that all other factors of the complaint remain open and unresolved with the Division of Consumer Protection.

If any of the above is not understood properly by us, or as represented in this fax, please respond to us in writing, telling us your points in detail.

[rmurray]

ICKES...Have you tried talking to the US attornies office...Or FTC..that would take Utah politics out of the discussion......OUCH OUCH OUCH..

[David Oxhandler]

YOU need to hire a lawyer immediately and press for criminal as well as civil action against both the seller and the lender.

[Toni Thayer]

I have filed with the US Attorney General's Office and the FTC and just about everyone else that I could think of. I'm mailed it to the New York Times, 60 Minutes, Current Affairs.

The only problem with getting an attorney who is licensed to practice in the State of Utah is the Mormon connection. The Mormons get heat from the Church, top down.

Last night I found that one of the Howards (principle of Forever, QWH) is a lawyer for the Mormon Church. I also found that Forever Homes is a government contractor.

Thanks for your words. I really just hope that other first time buyers will see this about Quality Wholesale Homes because they're just about the only ones in Utah with a website and they're undercutting other local dealers.

Toni

[rmurray]

So you admit..the cheapest deal is not always ther best...Value is important..but dealer will be much more i,portant over time...Others should read this and get the point that dealer reputation is most important to the buyer...

[Pendragon]

ABSOLUTELY!

It's been over 9 MONTHS since I closed on my modular (a horton), and I STILL don't have everything done. No outside faucets, cracks in ceiling, damaged roof vents, wavy siding/uneven OSB (that has NO vapor barrier except around windows and doors), no linen closet where the HVAC was to be (I went packaged, so that space was suppose to be converted), foundation has cracks/loose mortar, one of the main 4" vents wasn't connected (washing machine siphons water from the master bath toilet), there is debris and a dip in the vinyl in the dining room, water runs under the home because they never came and graded the back. They even had me move stuff I was using to keep water running under so it wouldn't be obvious to the FHA inspector that it hadn't been graded, with a 'we'll come back and grade it, do this so it will pass and you can get to closing and move in sooner'.

On top of all that.
Advertised as a 32x76, it's actually 29.5x76, since they count the eaves on the sides (no tounge, or they no doubt would have called it a 32x80)!
It's not the home the way I ordered it (and I told them so the day it arrived on the lot) doors weren't moved, the hvac space wasn't converted, etc, the only thing they did according to my changes was removed the master bath garden tub and install two gfci'd outlets near it (and they installed gfci OUTLETS (not breakered outlets) so far in that I had to cut an access panel in the outside wall to access one of them!
I didn't get my concrete slab *which was on my purchase order* because it 'didn't have a price next to it, so we didn't include it', now it's $4000 if you still want it.(neither did items like the steps, hvac, etc, but I got those..). The home isn't set according to the site plan (square to the road at 100', it's at like, 76' on one corner and 82' on the other.

They advertise 'new homes arriving daily', you can bet they aren't advertising 'and we're more than 9 months behind getting your home finished'.

If I had to do it again, I would have went with a smaller home (vs 2250) and went site built maybe people would stop saying 'oh, what a nice TRAILER', about my 120k (appraised for 165, not including land), built to 2001 florida codes, off frame modular AND I would have been here during construction to ensure things were done correctly.

If anyone gets anything out of this, *investigate your dealer*, ask for references and then go visit them! You have no control over how the home is built, but you can at least pick who's going to support it once it's there.

[Toni Thayer]

From former employees who worked for the dealer, their advertising just says they will undercut any other dealer's price, but that if it actually takes longer than two months from the day the contract is signed to deliver the home, the final price will increase anyway. Now, isn't that illegal?

I own a newspaper and will be putting an advertisement in this upcoming issue for a local reputable dealer, along with our story. By Utah law, the other dealers, who all knew what QWH was doing long before I asked them, could come together and a class action suit against QWH. I'm beginning that discussion with them now.

[Toni Thayer]

Pendragon, you said, "They advertise 'new homes arriving daily', you can bet they aren't advertising 'and we're more than 9 months behind getting your home finished'."

Maybe it's time for you to take out an ad in your local newspaper and the newspaper nearest the dealer (if it's different) and tell everyone. If you have valid documentation to substantiate your claims, they cannot do a thing about it. Just make sure the ad is worded very truthfully.

[Grant W]

toni,

I am sorry for your situation with politics, bad business and your manufactured home ordeal. I wish you all the luck in your battle

Grant

[andy@liz1968]

are you shure this is not my home you are talking about all i can say is dito i have a law suit going on in calf involving qwh right now wish i would have known more three years ago my home is full of black mold and cant even live in it adolfo what a real pease of----no help even from scot lickey any body no lisened contractors just illeagles none knew english my day in court comes in jan 16 08