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Excel Home Group

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Excel Home Group Reviews (5)

November 19, 2015To Whom It May Concern:I am writing in response to a letter we received from your office regarding ID [redacted] We have been in contact with the customer regarding this issue and we have contacted the window manufacturer [redacted] for a warranty inspection to be completed on this job I will follow up with [redacted] to see where they stand with this issueWe did not agree to replace any windows as condensation is an issue that will not likely be covered by [redacted] ’s warranty due to the cause normally being indoor air humidity, Excel Homes service department has inspected this home and has confirmed that the windows are installed properly and well insulated.Thank you,Brittany Y.Customer Service Manager

November 19, 2015To Whom It May Concern:I am writing in response to a letter we received from your office regarding ID [redacted]. We have been in contact with the customer regarding this issue and we have contacted the window manufacturer [redacted] for a warranty inspection to be...

completed on this job. I will follow up with [redacted] to see where they stand with this issue. We did not agree to replace any windows as condensation is an issue that will not likely be covered by [redacted]’s warranty due to the cause normally being indoor air humidity, Excel Homes service department has inspected this home and has confirmed that the windows are installed properly and well insulated.Thank you,Brittany Y.
Customer Service Manager

We still have not heard a word from [redacted] company or Excel. Thanks for following up. [redacted]

November 19, 2015To Whom It May Concern:I am writing in response to a letter we received from your office regarding ID [redacted]. We have been in contact with the customer regarding this issue and we have contacted the window manufacturer [redacted] for a warranty inspection to be completed on this job....

I will follow up with [redacted] to see where they stand with this issue. We did not agree to replace any windows as condensation is an issue that will not likely be covered by [redacted]’s warranty due to the cause normally being indoor air humidity, Excel Homes service department has inspected this home and has confirmed that the windows are installed properly and well insulated.Thank you,Brittany Y.Customer Service Manager

Review: We signed a contract with Excel homes for the delivery of a modular home at [redacted], NY [redacted] in early 2012. As a result of their recommendation, we signed a contract with an architect they recommended, [redacted]. We worked with Excel homes and **. [redacted] to complete the home specs and procure the home for delivery. We closed on our construction loan on November 27th, 2012 and **. [redacted], as an independent representative of Excel Homes was written a check for $197,454 for the full payment of the home.

The home was delivered in April of 2013 and we were led to believe by **. [redacted] that Excel homes had been paid the full amount for the home, however, we received a lien notice from Excel homes on July 23rd 2013, stating that they were owed a balance of $119,399.38 on the home and would be placing a lien on us as a result of the mis-appropriation of funds by **. [redacted]. We spoke with [redacted], the corporate vice president, on this matter and he informed us **. [redacted] had been promising them payment for over four months, stating "the check is in the mail" or " we will pay you next week". At no point during this process did Excel homes reach out to us to confirm the story, not did they make any effort to provide us updates with the difficulties they were having with their business partner.

During further communications, it was also brought to our attention that Excel had negotiated a deal with **. [redacted] to pay the missing funds within 60 days to avoid further legal action being taken against her. Once again, none of this was ever brought to our attention and the company sought to conduct a back room negotiation with their associate about the recovery of our funds.

As a result of the theft of the funds by an Excel homes recommended associate, we now face a costly and time consuming legal battle with Excel homes to remove a lien that was wholly caused by unethical conduct of one of their business associates. We have reached out to [redacted] to try and resolve the matter, but have been informed that they fully intend to pursue the lien and hold us as financial hostages to cover for unethical conduct from their business associate.

We request that Excel homes changes it's approach to target the criminals responsible for thievery and not the innocent homeowners. At this point we have not pursued legal action against Excel homes, but if we are unable to resolve the situation in a timely manner, we will use every means at our disposal to see that justice is served and we are no longer paying for the crimes of others.Desired Settlement: Removal of the lien from [redacted]

Business

Response:

September 13, 2013

Dear **. [redacted]:

We are counsel for Excel Homes Group, LLC ("EHG"). We are in receipt of your letter directed to [redacted]. Initially, you have the wrong contact information, which is undoubtedly the reason for your initial failed attempt to send the complaint by email or mail. For your information, **. [redacted] was the president of an entirely separate entity known as [redacted]. This company experienced financial failure and its assets were sold by its lenders. [redacted] acquired the assets from [redacted]'s lenders, and eventually changed its name to Excel Homes Group, LLC. **. [redacted] never worked for EHG, and it is our understanding that he resigned from [redacted] before the lenders sold the assets to [redacted]. Please direct all future correspondence regarding EHG to [redacted], Executive Vice President of Finance.

EHG disputes the Complainant's statement of the problem. Initially, the Complainant is not even EHG's customer. EHG sold a modular home to a Builder. The Complainant executed an acknowledgment on June 18, 2012 expressly acknowledging that he was "contracting for the purchase of your new home from your Builder. Builder is not an agent, subsidiary or employee of the Company. Rather the Builder is an independent business entity engaged in home construction trade. The Company is in the business of manufacturing and selling modular housing components to independent builders." The acknowledgment goes on to state: "By signing this acknowledgment, you are not entering into a contract with the Company. Instead, you are simply acknowledging that your Builder has provided the foregoing information to you and confirming your understanding that you have contracted solely with your Builder who has indicated an interest in purchased a home from Excel Homes." A copy of this acknowledgment is attached as Exhibit 1. Based on the express wording of the acknowledgment, there is no question that the Complainant was not EHG's customer, nor is EHG in any manner responsible for the Builder selected by the Complainant.

As set forth below, the Complainant bears significant responsibility for his current predicament. Prior to EHG's manufacture of the modular units, the Builder completed a Production Release Form. A copy of this form is attached hereto as part of Exhibit 2. In the Production Release Form, the Builder represented to EHG that EHG would be paid by virtue of an Assignment of Funds ("AOF"). An AOF is a legal document whereby a builder and lender agree that the lender will make payment directly to EHG for the modular units. An AOF protects EHG and the borrower since payment will be made directly from the borrower's lender to EHG, and there is no risk that the Builder will not pay EHG from monies received from the lender.

As part of the representation that there was an AOF, the Complainant provided a Residential Construction Commitment Letter ("Commitment Letter") dated May 30, 2012 from the [redacted]. A copy of the Commitment Letter is attached hereto as part of Exhibit 2. Coincidentally, the Production Release Form identifies the Complainant as an officer of [redacted]. We also note that the Complainant has an email address with [redacted] and that the acknowledgement (Exhibit 1) was faxed from [redacted]. Accordingly, it appears that Complainant is involved in the banking industry and is or should be familiar with how an AOF works and the need to make sure that his lender issues a check directly to EHG for the modular units. The Commitment Letter indicates that Complainant had been approved for financing in the amount of $642,500, which was well in excess of the amount needed to pay for the modular units.

Based on the Complainant's representations that it had financing through [redacted], EHG proceeded to manufacture the modular units. Despite the Commitment Letter, the Builder refused to initially accept delivery of the modular units after they were manufactured in September, 2012 on the basis that Complainant's financing was not in place. EHG was eventually told that Complainant was switching lenders. EHG was not provided any reason for Complainant's decision to switch lenders. Unbeknownst to EHG, at the time of the production of the modular units, Complainant did not even own the property on which the modular units were to be erected. Complainant closed on the purchase of the land on October 26, 2012. We are attaching a copy of the Deed dated October 26, 2012 as Exhibit 3. For whatever reason, Complainant initially borrowed money from [redacted] in the amount of $262,500. A copy of the Mortgage dated October 26, 2012 given to [redacted] is attached as Exhibit 4. Presumably, the Mortgage to [redacted] related to the purchase of the land, and did not involve the construction of the modular home.

Complainant made the decision to switch from [redacted] and proceed with a different lender. Eventually, Complainant obtained a loan from [redacted] in the amount of $680,000. A copy of the Mortgage from Complainant to [redacted] dated November 27, 2012 is attached hereto as Exhibit 5. The Mortgage contains a Construction Loan Rider. The Rider indicates that the Complainant could make requests for future advances up to the amount of the principal sum of the loan.

It was incumbent upon Complainant to make sure that the loan agreement with [redacted] contained an AOF. Unfortunately, it appears that the Complainant, despite his apparent knowledge of banking, failed to make sure that there was an AOF. Accordingly, the protection that EHG was afforded under the Commitment Letter from [redacted] was not carried over when Complainant switched to [redacted]. EHG has no knowledge as to the specific disbursement schedule utilized by [redacted]. However, it would be extremely unusual for [redacted] to have disbursed the money for the modular units prior to the units being delivered and set on their foundation. The units were delivered and set at the end of March 2013. EHG received an official check made payable by [redacted], a division of [redacted], in the amount of $34,505 dated March 25, 2013, a copy of which is attached hereto as Exhibit 6. This was the first check that EHG received for payment of the modular units. EHG was informed that the bank inspector would need to approve any further release of funds after the modular units were set. EHG has no knowledge as to whether [redacted] released any further funds after the modular home was set, but if it did, Complainant failed to make sure that the money was released directly to EHG, or jointly to EHG and the Builder. EHG knows that it was not paid for the balance due and owing under its agreement with the Builder, but does not know specifically what amounts were paid to the Builder, and what the Builder might have done with any payments received from Complainant's lender.

Complainant claims that he was led to believe by the Builder that EHG was paid in full for the modular home. However, Complainant does not refer to any document whereby EHG acknowledged receipt of payment in full, or released its right to file a lien on the property. Complainant should have known that he was taking a significant risk by failing to have [redacted] execute an AOF and failing to make sure that EHG was paid directly for the modular units. EHG questions Complainant's reasonableness in believing that EHG was paid the full amount for the modular home despite that he received nothing from EHG supporting such a belief.

Complainant also claims that EHG did not keep it advised that it had not been paid. EHG's contractual relationship was with the Builder, and it was working through the Builder to obtain payment. EHG was being told by the Builder that it was still waiting on payment from Complainant's lender. EHG has no way to verify whether these statements were true since Complainant has not provided any documentation on the date and amounts of disbursements from [redacted]. In any event, EHG cannot be faulted for trying to work through the Builder to obtain payment, especially since Complainant controlled the manner in which the money was disbursed for [redacted]. If Complainant failed to take the proper safeguards to make sure that EHG was paid directly, then it must bear sole responsibility for any conduct by its own Builder in misappropriating the funds that should have been paid to EHG.

EHG strenuously objects to the Complainant's repeated reference to the Builder as EHG's "business associate." As stated previously, the Builder is not EHG's business associate and is an independent company with whom Complainant contracted to construct his home. The Builder simply purchased the modular units from EHG. It is worthy of note that Complainant was negotiating with another modular builder and manufacturer before it began dealing with the subject Builder and EHG. As such, Complainant should have been well aware that modular builders are independent companies and not the agents or associates of the modular manufacturers.

EHG disagrees that it is responsible "to target the criminals responsible for thievery", and that it does not have the right to assert a lien claim against the allegedly 'innocent homeowners.'" Initially, EHG does not know the circumstances surrounding the release of funds from [redacted] to the Builder. Further, EHG submits that the Complainant is not an "innocent homeowner" since the Complainant controlled the release of funds from [redacted], and it was the Complainant who switched banks without providing EHG the protection initially afforded through [redacted]. EHG will provide reasonable assistance to Complainant in any action it takes against the Builder, but EHG cannot be limited in its legal rights to pursue a lien claim against the Complainant's property.

We are confident that you will agree that EHG has handled this matter with utmost care and that all its actions have been appropriate. EHG is entitled to pursue its legal remedies against the Complainant, and there is no basis to Complainant's claim that EHG should simply remove the lien when it was Complainant's own failure to make sure that its lender paid EHG that resulted in the lien being filed.

Please let us know if you have any further questions regarding this matter.

Very truly yours,

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Description: Manufactured Homes Distributors & Manufacturers

Address: 4900 Ritter Rd Ste 130, Mechanicsburg, Pennsylvania, United States, 17055-6929

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