Thomas O. Moburg, residence located at 400 Adventureland Dr., Altoona, Iowa 50009 presented himself as a Wausau Dealer in good standing when we paid him a deposit fee to design a home in March 1998.in May, 1998 he took $27,891 from us for a home that he never delivered because Wausau Homes, Inc filed a mechanics lien against him one week after he took our money. This court document was filed 6/9/98.
He took our money May 22,1998. We found out after many set-backs (in August) that he couldn't get a Wausau home, but a BETTER home. We went to a lawyer and he advised us to let the guy use some of the $27,891 he took already to order the new home. So, we gave him the go ahead, and tried TO GET MORE MONEY FROM OUR ESCROW ACCOUNT. You see, we lost our home in a fire in March 1998. We immediately fired him after learning he had done the same thing to 4 or 5 other families but not the kind of money he took from us.
To make a long story short, we took him to court for fraud and breach of contract, but lost when the judge said we should not have orally agreed to another home. We tried to reason that he had all that money from us and we could'nt afford to find anyone else and that the man had no credit and no building material companies or sub contractors would work with him.
I have already reported him to the IRS and presented documents. He is now selling hot tubs through our local classifieds, but list no business name. What can we do besides spend another $5,000 taking him to court through the appeal process? I have another three phone numbers from the classifieds, but have listed his home number below.
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