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shaqdiezel
Dud?


Joined: 11 Dec 2008
Posts: 12
Location: Houston TX

Re: David Powers Homes - Houston
PostPosted: Thu Dec 18, 2008 8:58 pm Reply with quoteBack to top

can you give me some details on your house. sqft and rooms, location?
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houston
Nitroglycerin


Joined: 02 Dec 2008
Posts: 661
Location: Houston, Texas

Re: David Powers Homes - Houston
PostPosted: Thu Dec 18, 2008 9:09 pm Reply with quoteBack to top

That might work if you are paying with cash, but if you have a loan to be processed, it’s another story.

TH,
I think you did the right thing NOT giving any additional deposit. But I really think you should investigate the lien situation. If there are a bunch of them on your house, you know the builder is in trouble. If there are none filed, then your just hearing rumors and watching a builder adjust his overhead in response to the slow down. Lastly, if I were you, I’d make a pain-in-the-ass of myself by being out there as often as you can afford. Check everything and don’t take anything for granted. Good luck!

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th71
Flash in the pan


Joined: 03 Dec 2008
Posts: 34
Location: Houston

Re: David Powers Homes - Houston
PostPosted: Thu Dec 18, 2008 9:19 pm Reply with quoteBack to top

3,300 sq. ft. 4 beds, 3.5 beds, 3 car attached garage; 1 story in towne lake; living room, dining room; study; covered back patio

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th71
Flash in the pan


Joined: 03 Dec 2008
Posts: 34
Location: Houston

Re: David Powers Homes - Houston
PostPosted: Thu Dec 18, 2008 9:21 pm Reply with quoteBack to top

Cherry Bomb: can you provide me with some guidance on how to check if there are liens on the house?

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shaqdiezel
Dud?


Joined: 11 Dec 2008
Posts: 12
Location: Houston TX

Re: David Powers Homes - Houston
PostPosted: Thu Dec 18, 2008 10:14 pm Reply with quoteBack to top

whats cherry bomb??

i dont think there will be a lein on the house once the title is transferred to you. the only leinholder would be your mortgage company.

if dph owes to cabinet guy thats something between them two.
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houston
Nitroglycerin


Joined: 02 Dec 2008
Posts: 661
Location: Houston, Texas

Re: David Powers Homes - Houston
PostPosted: Thu Dec 18, 2008 10:44 pm Reply with quoteBack to top

If DPH owes the cabinet maker and you close on the home, the cabinet maker can place a lien on your house. You will have recourse with your title company but there will still be a lien on your property until the contractor is paid and he signs a release, which gets filed.

Liens are filed in the county and are public records. A private citizen can obtain the information but I'm not familiar with the procedure but I think you can do it on line. The reason I suggested looking into it was merely to ascertain whether or not this builder was exhibiting cash flow problems by not paying for completed work. If there are a bunch of liens, you should begin working on your exit strategy or at the very least, meet with management and see if they have a plausible plan for financing the completion of your home. And then insist on receiving a copy of all his signed lien waivers from all of his subs and suppliers.
Wink

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houston
Nitroglycerin


Joined: 02 Dec 2008
Posts: 661
Location: Houston, Texas

Re: David Powers Homes - Houston
PostPosted: Thu Dec 18, 2008 10:47 pm Reply with quoteBack to top

Incidentally, the way I always check for liens is by asking our title company - they do it on-line also and give you a nice report. You can find out where this builder closes his houses and call them up. I'll bet you they already have a file on it.

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th71
Flash in the pan


Joined: 03 Dec 2008
Posts: 34
Location: Houston

Re: David Powers Homes - Houston
PostPosted: Fri Dec 19, 2008 12:46 am Reply with quoteBack to top

I just got a call from my builder and our cabinets went into production today. I will know tomorrow how long it will take and he should be able to provide a completion date in the next 10 days or so.

I'll check in on the liens.

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messanger777
Flash in the pan


Joined: 10 Oct 2008
Posts: 72

Re: David Powers Homes - Houston
PostPosted: Fri Dec 19, 2008 7:12 pm Reply with quoteBack to top

Houston's suggestion of getting signed waivers is a good one. I would futher suggest that you get a copy of a signed affidavit from the builder stating that all bills have been paid (or are beign paid through escrow at closing) and warranting for you and your Titlte company that the home will not be subject to any liens. If they balk at giving you that sort of guarantee, there is a problem. this process was used for many years back in the day before Title companies started accpting 'blanket" affidavits from builders assuring them that all bills were paid. the bottom line is that any bills incurred for your home need to be verified as "paid in full" by the time you take ownership. the builder should get $0 until you are comfortable that your home is, in fact yours.
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DPH
Dud?


Joined: 24 Dec 2008
Posts: 7

Re: David Powers Homes - Houston
PostPosted: Wed Dec 24, 2008 2:01 am Reply with quoteBack to top

Yes they are moving out of model homes all over houston. The few construction mgrs left are working out of spec homes that havent sold or out of their vehicles. DPH has MANY liens filed against them and their homeowners that own their properties. If you can all help it I would advise NOT buying or building with them.
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