Superior Worldwide

[angel888]

Hi

Hi Don,

Well done for taking action. As regards to bankruptcy, it does not matter as joel walters will be holding directors personally responsible.

 

[terence9sun]

New Member Input

Have read with interest the various inputs on Oakmont. I am in the same situation with my wife. I have left a message to speak to Don and wait his response. Until I saw Don's message, I was searching for an attorney to take up our case with Superior.

I have tried every day to speak to Superior and they do not respond. We have just had enough and wish to take the matter up on a legal basis. We are happy to join any forum with people in the same situation as ourselves. We signed our first contract in May 2004 and a follow-on contract in December 2006. And still no results!

I will be ringing Walters & Levine etc tomorrow to ask for our names to be put on the case against Superior.
Would appreciate any inputs to this message.

Rgds
Terry

 

[angel888]

Hi Terence

When I spoke to Joel Walters last he mentioned there was already a handful of people suing superior - oakmont development.

 

[terence9sun]

Good morning
Thank you for your response. I will contact Joel Walters later today.
Rgds
Terence

 

[Whitesaidfred]

Just checked on the Orange county court clerk's web site. According to that there are 32 cases against superior. One filed on the 2nd of Oct last year was settled on the 11th of June this year. Mine was filed before that but has not yet been settled.

I relate this just so you get an idea of how long this can take.

Good luck to all

 

[sward1107]

Regal Oaks and Oakmont

I have been trying for over 6 months to get my deposit back re Regal Oaks - have read about contacting lawyers and will now do so.

today receievd this from Laura Kerr :

" Please be advised that I have moved positions within the company and will no longer be working in the buyer liaison position. As provided in the correspondence that was forwarded earlier this week by our outside counsel, Mr. Alan Perlman, deposits on Regal Oaks at Old Town and Regal Lakes Developments will be honored in conjunction with a new purchase contract directly with Tousa Homes at the Regal Oaks at Old Town development. Refunds of deposits outside of this concept are not possible."

"Buyers on Regal Oaks at Old Town and Regal Lakes Development who wish to proceed under this option are directed to contact Leslie Lemus at (407) 597-1340 (Ext. 2162) to obtain the new contract with Tousa Homes.

As provided in the Newsletter issued on July 10, 2008, we are working to proceed with the Oakmont Resort & Spa development in order to honor all Oakmont contracts. Refunds of deposits are not possible until we have a way forward. While discussions are continuing, no additional information will be available about the Oakmont Resort & Spa development. We will inform you of progress via an update in August."

has anyone had success through the courts please? Or any other advice to offer?

 

[sward1107]

Superior - Regal Oaks

thanks and will do.

can you tell me how your claim is progressing please - when it started and the costs involved. Walter Levines seem to come well recommended - have e mailed them and will call them tomorrow.

 

[angel888]

Your case will be different from mine as they have already gathered between 18-20 people to run a class action case.

Therefore, its best if you ring them to get an idea of cost.

Also, I just know the outcome of our civil theft notice by August 08. Will keep you updated.

 

[sward1107]

civil theft??

I have checked the Orange county court clerk website - fascinating. Superior have been getting sued for breach of contract for about 2 years. Many cases are still open. the reset have either been settled pre hearing or in favour of the claimant. Not one case in favour of Superior

 

[sward1107]

REgal Oaks

As previouly stated I am taking action to recover my deposit for regal oaks florida. I've Just heard from my Brief that the lead case in our action has been settled outof court. That has taken about 10 months so it is not that quick to get your cash back. I know that some want to see the various florida developments through, but I don't feel I can take the chance. The credit cruch is having a world wide effect, Tighten your belt hold on and the best of luck to you all

did you get your money back ?

the options now seem to be

1. enter into a new contract with Tousa (who have filed for bankruptcy protection)
2. litigate against Superior for the deposit - and risk Superior going bust

neither is very palatable - was quoted $30k plus in legal fees - and if Superior go bust success in Court not that relevant, Can add other parties to the action but costs increase. Thus the attempts to get a class action together and share costs - but will even if successful take a long time

 

[Whitesaidfred]

I should know in the next two weeks or so (Fingers crossed)
legal fees have been around £3000 pounds using an english lawer.
So far it has taken me almost 11 months.
The action was against Superior as they were the developer in this case.

 

[sward1107]

Regal Oaks

Good luck with that - what you said about the legal costs is very interesting as having looked at the orange county court website the filing costs seemed very modest and given the nature of the claim is so simple I could not understand why the legal fees I was being quoted seemed so extraordinarily high.

Would you be able to recommend your lawyer for this purpose?

 

[Whitesaidfred]

The firm I used was bennetts
Bennetts Solicitors, Attorneys & Notaries
High Street
Wrington
Bristol
BS40 5QB

They have a number of cilents who are taking action against superior

 

[sward1107]

interesting that you were able to use a UK lawyer to raise a claim in the Orange County Court - I am assuming that is what you did? And against Superior Homes and Investments LLC ? Sorry to ask So many questions but I am trying to evaluate the options and I'm sure others will find this an interest.

 

[Whitesaidfred]

No problem the guy in Bristol is either licensed in Florida or uses someone who is. Call Kevin Burke at Bennets I sure he give you the details. You will also notice his name on some of the cases on the Orange county web site

 

[sward5777]

spoke with Kevin yesterday - his advice is to sue for the return of my deposit and hope Superior do not file for bankruptcy in the meantime. Superiors policy is now never to return deposits but always to wait for a court judgement. With a judgement in place then if Superior file for bankruptcy you become a secured creditor - and although it will take time should get the deposit back.

was very impressed and will follow his advice, stated that costs will be in the range of £2,000 to £3,000.

 

[grousey]

spoke with Kevin yesterday - his advice is to sue for the return of my deposit and hope Superior do not file for bankruptcy in the meantime. Superiors policy is now never to return deposits but always to wait for a court judgement. With a judgement in place then if Superior file for bankruptcy you become a secured creditor - and although it will take time should get the deposit back.

was very impressed and will follow his advice, stated that costs will be in the range of £2,000 to £3,000.

Being a secured creditor doesn't mean much if there is no cash left in the business-which will surely be the case were Superior to go bust...

 

[angel888]

Hi

My lawyer Michael Pugh in Florida has a class action case going through, I been told 20+ plaintiffs so far against oakmont. He tells me that it does not matter if superior goes bankrupt as he is making directors solely responsible as well as attaching the other names the company operates under ie. superior real estate etc. He can also apply for state recovery if worst comes to the worst.

Hes email [email protected]. Its best to speak to him first by phone: 001 941 364 8787.

 

[Ali Weir]

oakmont superior homes

I am a new member, it was only by luck that I found the forum but from what I have read I'm glad I have found you. I have the same problem by the sound of things. I paid a deposit on a plot on oakmont in june 05, as building appeared to be a problem I cancelled in july 07, since then I have been unable to get my deposit returned. I had been dealing with a greg christner but can not get hold of him now. From the information that I have now seen on the forum I shall contact the solicitors acting. Ali.

 

[angel888]

Good Luck!

Hi Ali,

Its probably best that you left it until now to take legal action, as case is very strong and it will cost you less as more people involved. Fighting superior group in large no.s is therefore more beneficial for you.