Sunday, 28 September - 10:00 AM
My wife and I had been reviewing real estate sections of the Memphis, Tn. Commercial that was run by Annyce Kyle
Monday, 29 September - 4:00 PM
We met with Annice Kyle at her office located at 1320 Goodman Road, Southaven, MS to view her listings of properties.
Wednesday, 01 October - 1:00 P.M.
1. Annyce Kyle took us to the North Creek Sub-division in Southaven to Lot 156 that was under construction. We reviewed the floor plans.
2. We began active negotiations with Wheeler Construction Company.
3. We filled out an Addendum #2 To Contract of Sale.
Monday, 13 October - 8:45 A.M.
We received via fax a message from Annice Kyle listing the allowances for the home.
Friday, 17 October - 12:32 P.M.
We received a fax message from Annice Kyle that was a list of vendors and a copy of the flier depicting the house and floor plan.
Saturday, 18 October - 4:15 P.M.
We received two faxed message from Annyce Kyle that listed our negotiations on amenities and their costs.
Wednesday, 22 October - 2:13 P.M.
We received a faxed message from Annice Kyle that was a list of allowances for the house.
Thursday, 23 October - 8:52 A.M.
We received two faxed message from Annice Kyle regarding the list of extras.
Sunday, 26 October - 2:00 P.M.
We met at Annice Kyle's office to sign the Contract For The Sale and Purchase of Real Estate.
Monday, 27, October - 2:30 P.M.
1. We met at Lot 156 North Creek sub-division and met Howard Porky Mea who represented himself as the sub-contractor that was building the house for Wheeler Construction Company.
2. We gave Annyce Kyle a check for$1,000.00 for earnest money.
Friday, 07 November - 1:10 P.M.
1. We received a faxed message from Annice Kyle discussing amenities.
2. We began purchasing items to be installed for use in the house.
Friday, 14 November 6:18 P.M.
We received faxed message from Annice Kyle.
Monday, 17 November - 9:00 A.M.
1. We received a fax from Annyce Kyle that related to negotiations of amenities.
2. We sent a fax to Annice Kyle with a typewritten list of amenities.
Tuesday, 18 November - approximately 2:00 P.M.
1. We met with Porky at the residence and did a walk-thru and gave him a copy of an initial list of repairs needed that we had seen in the house.
2. We were contacted by Pam at Wheeler Construction and per her request, we submitted a hand-written list and delivered it at the office when we were there to pick out paint, tile, etc.
Friday, 21 November.
We wrote a check for $4,000.00 for the initial down payment on the house.
Monday, 24 November - approximately 10:30 A.M.
We met Annyce Kyle at her office and discussed all the amenities and upgrades and agreed to pay an additional $10,000.00 to have all the amenities wanted for the house and re-iterated with her that we were willing to pay for those amenities but that the house had to be quality made. We were
assured by Annyce Kyle that with the additional sum added, the house would certainly be quality built and we would have all the amenities that we had listed. She told us that she was speaking for Allen Richardson, Jr.
Tuesday, 25 November.
We received a faxed Cost List For Plumbing message from Pam Brown, Office Manager of Wheeler Construction.
Saturday, 20 December
We submitted a work list for Annice Kyle and Porky and faxed it to them.
Tuesday, 9 January.
We purchased more items for the house.
Friday, 12 January.
1. We purchased more items for the house and made a physical inspection of the home.
2. We talked to Porky regarding the inferior quality not only of the fence, but the entire construction of the home.
Saturday, 13 January.
1. We purchased interior and exterior lighting for the home.
2. We went back to the house and inspected the interior and found many locations of inferior workmanship in the flooring, drywall on both floors.
3. Porky assured us that what we saw was not the finished product and that we would be completely satisfied once the interior was finished.
Sunday, 14 January.
We made another physical inspection of the home and found additional problems with the drywall the flooring on the second floor. The floor appeared to have waves and humps in it.
Monday 15 January.
1. We contacted both Annice Kyle and Porky and told both of them our concerns about the poor quality of workmanship displayed throughout the house.
2. We were assured by both Annyce Kyle and Porky that the finshied product would be completely acceptable to us.
3. We decided to hire the services of a professional inspection to be conducted on the home. We contacted Mr. Gene Sides, 662-838-6243.
Wednesday 17 January.
1. We inspected the house. We found that none of the deficiencies past discovered had been worked on.
2. We were called by Annyce Kyle and told that the closing was set for January 26 at the office of the Austin Law Firm on Goodman Rd.
Friday 19 January
We set an appointment for 1:30 P.M., with Porky to discuss the deficiencies. At the meeting, Porky insisted that the waves in the floor was an optical illusion and assured us that the floor was level and all the deficiencies would be corrected immediately. We asked Porky to meet us at the house the following Monday at 10:00 A.M. Along with John D. Wheeler.
Monday 22 January - 1:30 P.M.
We went to the house but no one came to meet us.
Wednesday 24 January.
We were contacted by Annice Kyle to inform us that Allen Richardson, Jr. Would be out of town on the 26th of January and the closing was re-scheduled for January 30 at 2:00 P.M.
Thursday 25 January - Approximately 5:30 P.M.
We went to the house to inspect it and found that some of the more obvious deficiencies in the dry-wall had been worked on but none of the other difficiencies had been worked on.
Friday 26 January - Approximately 3:30 P.M.
1. We met Porky at the house.
2. We had purchased a Jaccuzi bath tub and had it delivered to the garage area. We found that Porky was preparing to install the original tub and even though our selected tub and been there for over three days, he wanted an additional $500.00 to change the plans.
3. He was reminded that we had informed him well in advance that we would not use the original tub, that we had purchased our own.
4. We refused to pay the additional $500.00.
5. Porky promised that he would have work crews working throughout the weekend to get the house ready for our move-in that was scheduled for the 30th of January.
Saturday 27 January - Approximately 3:00 P.M.
1. We went to the house and found the carpet installed and the tile being installed by Steve Blackwell's Floor Covering.
2. The second floor seemed to have very pronounced waves in each room and the entrance to the office floor, our feet sank into the flooring.
3. We called Steve Blackwell to meet us at the home the following week.
Monday 28 January - Approximately 1:30 P.M.
1. We decided to have a professional home inspector inspect the house and list all deficiencies.
2. At approximately 4:45 P.M., the inspection was completed.
3. At approximately 6:00 P.M., a list of deficiencies is submitted in a green folder.
4. We hand delivered a copy of the inspector's deficiencies to Wheeler Construction Co.
Tuesday 29 January - 4:40 P.M.
1. We received a faxed msg., from Wheeler Construction Company listing some of the deficiencies that werefound by the inspector.
2. We faxed Wheeler Construction a copy of the inspector's report denoting certain items.
3. We went to U-Haul in Olive Branch, MS and rented a truck for moving.
Wednesday 30 January - 2:30 P.M.
1. We went to the Austin Law Firm for closing
2. We received Wheeler Warranty papers.
3. We received a Wheeler Construction final walk-thru.
4. We received a H.U.D. Settlement Statement.
5. We received a packet of various closing papers.
6. We were informed by attorney Mary Montieth that Allen Richardson, Jr. Would not be at the closing.
7. We were informed by Annyce Kyle that she had made a mistake and that we needed to have an additional $1,500.00 that day before we could close on the house.
8. We told Annyce Kyle and Mary Montieth of our concerns regarding the condition of the house and the amount of work that had to be done and that we were hesitant in closing under these conditions.
9. We were told by Mary Montieth that if we did not close on that date, that the deal was off and we would lose all the money that we had put down and also all the items that were purchased for the house would be lost as well.
10. Fearing the loss of all the money that we had invested, we went submitted a check to cover the mistake and also had to pay for the three days of interest that had accrued since the 26th of January when the first closing date was set. We objected to this, but had to pay it in order to close on the house.
We received a fax from Annyce Kyle that was a list of deficiencies that would be corrected.
Thursday, 05 February - 2:30 P.M.
1. We received a Residential Full Agent Report.
2. We met with Porky and complained to him about the fence, the work that was not being done as well as the filthiness of the house.
3. The house was not properly cleaned and there appeared to be waves and humps in the flooring on both floors.
4. He promised to come over the next day to make an inspection.
Saturday, 06 February -
No one showed up to work all day long. Porky or John Wheeler could not be contacted by phone.
Sunday, 08 February
We received receipt numbers 501367,68 for house payment from Allen Richardson, Sr.
Wednesday, 11 February approximately 2:30 P.M.
1. We had a walk-thru with Porky. At this meeting, he asked us to prepare another work list and promised
Us that the fence would be completed and that we would be satisfied with the work done.
2. He was shown the waves in the wood flooring.
3. He explained that it was impossible to have a perfectly level floor and that the floor was acceptable to him.
4. He explained that we were having optical illusions.
5. He was asked about the flooring on the second floor that had not been taken up and replaced by new flooring.
6. He explained that it would cost us an additional $1,500.00 to do this work.
7. He was told that it was written into the contract that the second floor would be replaced with new.
8. He told us that he would check with Wheeler Construction and would get back with us.
Friday, 13 February approximately 9:30 A.M.
1. We met with Annice Kyle and Porky at the house where the list was given to Porky so that he could begin work immediately.
2. It was inquired if he had checked with the contract at Wheeler regarding replacement of the second floor wood.
3. He stated that he had not checked.
Tuesday, 17 February - approximately 12:00 Noon
1. We called John Wheeler to discuss timetable for completion of work for office. We were informed that our need for the office would be finished no later than March 1 and assured us that all the deficiencies would be worked on immediately.
2. Wheeler was taken to the second floor and carpet was pulled back and he saw for himself that the old wood had not been replaced.
3. Wheeler was shown the overall condition of the second floor.
4. We demanded the entire second floor be taken up and replaced with new wood.
5. Wheeler promised to have the work begun soon.
Friday, 27 February - approximately 12:30 P.M.
1. We called John Wheeler to discuss timetable for completion of work for office and to inquire why no work had been done since our last meeting.
2. He stated that sub-contractor work was hard to vschedule, but that it was on his priority list to get our work done soon.
3. He promised work to begin at 8:00 A.M. The following Monday.
Monday, 01 March - approximately 10:00 A.M.
1. No workers showed up.
2. We called John Wheeler to find out why workers did not show up; left a message at his office but were not called back by him or anyone representing Wheeler.
3. Lyn called the Austin Law Firm and asked for the signed documents.
4. Lyn was told that the documents would be in the mail within the next week.
Friday, 05 March - approximately 9:00 A.M.
1. We contacted Annice Kyle to intervene in dispute over work performed to date.
2. She stated that she had personally talked to both John D. Wheeler and Allen Richardson, Jr. And that they were going to give us the highest priority in getting all the work done on our home.
3. She was told that we were now losing income due to the office not being finished on the agreed date of March 1.
Wednesday, 10 March - approximately 10:00 A.M.
1. Porky came over to inspect the office where he was shown a large drop-off at threshold and other high and low spots in the flooring throughout the second floor as well as the poor quality work in the installation of the drywalls and ceilings.
2. He stated that he would have a crew come out in the near future to correct the dry wall deficiencies but couldn't schedule a time to repair the floor.
Wednesday, 24 March - approximately 10:00 A.M.
1. John D. Wheeler came to the home regarding yard and fence.
2. He stated that the problems with the fence were minor and he should have the problems repaired no later than the following Friday.
3. He was asked about the replacement of the second floor.
4. Wheeler stated that they were building quite a few homes at that time and as soon as a crew could come over, he would call us to schedule a time and date.
5. Lyn called the Austin Law Firm and asked for the signed documents again and were told that we should have the documents within the next three days.
Tuesday, 30 March - approximately 11:30
1. No workers showed up to work on the house.
2. We had a meeting with Porky and John Wheeler at their office. We demanded to know when they were going to start to work on all the deficiences and we requested an agreed work schedule from them
3. We were told that due to the large amount of home construction in Desoto County, it was difficult to find the necessary skilled workers to do the work on our home.
Monday, 05 April - approximately 9:30 A.M.
1. Porky came to the house for another walk-thru.
2. He requested that we go throughout the home and mark each dry wall and paint deficiency with a Postem note and that he would have workers come out immediately to finish all the dry wall and paint problems.
Wednesday, 14 April - approximately 4:45: 00 P.M.
1. A work crew showed up to repair sagging fence posts and re-align fence.
2. They were roofers that were sent after they had finished roofing a house.
3. The roofers did not have the necessary tools to repair or replace the existing fence.
4. Lyn called the Austin Law Firm and demanded the signed documents.
Wednesday, 21 April - approximately 2:30 P.M.
1. We met with Phillip who informed us that he was now in charge of the work projects for the house.
2. He had replaced Porky.
3. He had not been told about the conditions of the second floor where wood had to be replaced.
4. He told me that he would check with Wheeler Construction so that he could schedule workers to replace the wood.
Friday, 23 April - 10:00 A.M.
We had another walk-thru with Phillip.
Tuesday, 27 April - 2:00 P.M.
1. We received a telephone call from Pam at Wheeler Construction.
2. Pam stated that they had reviewed the contract and that the existing flooring that had been floated met their obligations of the contract.
3. She stated that the substance used to float the floor was better than new wood.
4. She stated that Wheeler Construction would not take up the carpet and remove the wood on the second floor.
5. She stated that the un-evenness of the wooded area of the first floor was acceptable industry standard and that we were being too picky.
6. She stated that the unevenness of the tiled area of the floor was between us and Steve Blackwell.
Friday, 30 April - 10:00 A.M.
1. We called Annyce Kyle regarding the lack of performance of Wheeler Const. Company on all the issues.
2. Annyce Kyle stated that she had talked to John D. Wheeler, Porky and Pam at the Wheeler office and were assured that the only problems in the house were cosmetic and they would make those repairs as soon as possible.
Tuesday, 04 May - 11:45 A.M.
1. We called for Allen Richardson, Jr.
2. We called for John D. Wheeler.
3. We were unable to contact either for the rest of the week.
Saturday, 08 May - 10:00 A.M.
1. We were visited by Mr. And Mrs. Allen Richardson, Sr.
2. Mr. Richardson inspected the home.
3. He stated that all the problems he could see were cosmetic and could be repaired quickly.
4. He stated that the un-evenness of the wooded area on the first floor at the front door entrance
Was an optical illusion and that the existing condition of the floor was acceptable.
5. He stated that the problems in the tiled areas were between us and Steve Blackwell.
6. He stated that he would talk to his son and they would have a work crew scheduled to do all the work that has to be done.
7. Lyn called the Austin Law Firm and informed them that we had not received the signed contracts that had Allen Richardson, Jr.'s name on them.
Monday, 10 May - 9:30 A.M.
1. We were visited by Phillip regarding yard.
2. He was shown all the debris that was uncleaned in the yard, holes and large gaps in the sod.
3. He was asked about scheduling all the work that had to be done inside the house.
4. He stated he was aware of all the problems and promised that work would begin soon.
Friday, 14 May - approximately 4:00 P.M.
1. John D. Wheeler came to the residence.
2. He was shown the deficiencies in the fence.
3. He used flags to mark certain poles.
4. After testing each section of fencing by forcibly shaking them, he agreed that the fence needed to be replaced entirely.
5. He was asked about the conditions inside the house and when work would be done.
6. Wheeler stated that we would have to work with Phillip on all work related matters and left.
Monday, 24 May - approximately 1:30 P.M.
1. Phillip came to the house.
2. He measured the length of the fence.
3. He measured the second floor.
4. He stated that he would repair the fence as the first priority.
5. He was told that the fence was to be replaced, per John Wheeler.
6. He stated that Mr. Wheeler had changed his mind and that he was supposed to pull up each post that
Was marked with a flag and dig new holes and repair the fence section by section.
7. We told Phillip not to begin this work since there was now an obvious dispute.
8. Phillip stated that he had asked about the second floor and was told that we had agreed to leaving the floor as it presently was.
Thursday, 27 May - approximately 9:30 A.M.
1. We received call from Pam at Wheeler wanting another work list.
2. Bobby Taylor told Pam that we had submitted list after list and even a certified inspector's report on the deficiencies and nothing had been done to repair anything.
3. Pam told Bobby Taylor that they were combining all the lists into one and that she needed a new list from us.
Monday, 31 May - approximately 11:30 A.M.
1. Received call from Phillip regarding scheduling.
2. He stated that he had talked to Lanier Hurdle, Jr. Who had seen the fence and had agreed that it should be replaced.
3. Phillip wanted our work schedule so that he could work his schedule according to ours.
Tuesday, 01 June -
1. Phillip came to the house and we gave him our work schedule.
2. Phillip stated that he would work on the scheduling of work to begin Wednesday.
3. Bobby called the Austin Law Firm and talked to Mary Austin Montieth and again asked for the signed documents that were promised.
4. Mary Austin Montieth stated that she would personally get the file together and provide us with the documents within a week.
Monday, 07 June - approximately 9:00 A.M.
1. Called Phillip regarding scheduling since we had not been contacted and no work had been done.
2. We were informed by Phillip that he was no longer the superintendent and that we should contact Porky for all work projects.
Thursday, 10 June - approximately 10:00 A.M.
1. Received a call from Annice Kyle regarding work and scheduling.
2. She asked us to submit another list.
3. She was told that we have submitted many lists and none of them had been worked on and we felt that there was no need to submit yet another list.
4. We demanded that the inspector's list of deficiencies be worked on.
Friday, 11 June - approximately 11:00 A.M.
1. Annyce Kyle visited the property.
2. She was shown first-hand that nothing had been worked on since we moved into the house.
Friday, 18 June - 9:14 A.M.
1. We received faxed copies of January walk-thru from Annice Kyle.
2. At 9:44 A.M. We received more faxed copies of January walk-thru from Annice Kyle.
3. We received a telephone call from Gene Sides, the inspector.
4. He stated that he had received a telephone call from Annice Kyle telling him that he did not have the authority to make such a list of deficiencies and that he didn't know what he was talking about.
Monday, 21 June
We received proof of insurance from Crye-Leike.
Monday, 27 June - approximately 1:30 P.M.
1. We were visited by Phillip and Porky Mea.
2. Phillip and Porky inspected the house, yard and fence.
3. Porky promised that work would be commenced immediately and that they were going to fix everything to our satisfaction.
Monday, 05 July - approximately 3:00 P.M.
1. Phillip came to the house to measure for fence.
2. Phillip told us that Porky had been fired by Wheeler Construction.
3. He told us that a person named Brenda was the new superintendent.
4. Phillip was told that we needed extra footage added to the fence and to install the second gate that was allowed in the contract.
5. He was told that we would pay for the additional footage but not the gate.
Monday, 12 July - approximately 4:00 P.M.
State Line Yard Service came to inspect the yard conditions.
Monday, 19 July - approximately 10:00 A.M.
1. We were visited by Brenda who informed us that she was the new supervisor over the work projects.
2. Brenda asked for another list.
3. She was told that all the lists that we were going to submit had already been submitted.
4. Lyn called the Austin Law Firm and asked why no documents were sent.
5. Lyn was told that we were not entitled to the documents, that Allen Richardson, Jr. Was the firm's client and that we were not.
Tuesday, 20 July - approximately 10:00 A.M.
1. We were visited by Brenda and an unidentified male white who inspected all the deficiencies at the house.
2. The unidentified male white stated that as far as he could see, there were no major deficiencies and
that only cosmetic drywall and paint problems existed.
3. Bobby asked him about the West widow in the great room that leaked water and wind noise.
4. A hose was used to spray water on the window so that he could see where leaks occurred.
5. The man stated that it was perfectly acceptable by building code standards for a window to have
some leakage and that no window could be built to eliminate wind noise.
6. He stated the flooring problems on the first floor was an optical illusion.
7. He stated that the carpet installation company was responsible for the problems on the second floor.
Tuesday, 27 July - approximately 8:00 A.M.
1. Phillip came to the house and began tearing down old fence.
2. Phillip told us that we would have to pay for the extra gate also.
3. Bobby called John D. Wheeler regarding the extra charge for the gate that was supposed to be
free, according to the contract.
4. John D. Wheeler told Bobby that the second gate could have been installed with the original fence,
but that now a new fence was being installed, the gate agreed to in the original contract did not apply.
Wednesday, 28 July - approximately 7:00 A.M.
1. We received a telephone call from a dry waller.
2. He wanted to come to the house and begin working on dry wall issues beginning at 8:00 A.M.
3. He was told that we were to be out of town that day on business and that Phillip had our work
schedule.
4. He told us that he had to do the work that day because he was going on vacation on August 1 and
it was doubtful that he would be able to come back in the immediate future to do the dry wall work.
5. He was told that the amount of dry wall work would take far more than one day to finish.
6. We have never heard from this person again.
Monday, 02 August - approximately 8:00 A.M.
Phillip began installing new fence.
Tuesday, 03 August - approximately 9:30 A.M.
1. Brenda came with two workers to survey the removal of plywood on second floor.
2. Brenda was advised that we needed the office area worked on immediately so that we could have
our business in operation since we were losing money since March 1.
3. The two workers emptied the office of all the boxes and began pulling up the carpet and molding.
Friday, 06 August - approximately 10:00 A.M.
1. Workers began tearing up floor in office.
Monday, 09 August - approximately 3:45 P.M.
We were notified by the workers that they had found a broken joist that was a direct load support for
flooring.
Tuesday, 10 August - approximately 9:00 A.M.
1. One of the workers stepped through the ceiling and made a large hole in the garage area.
2. We called Brenda to come to the house.
3. Brenda was shown the hole in the ceiling and told the workers to repair it.
4. She was told by the workers that all they could do was to nail a piece of drywall to fill the hole,
but they did not have the tools or equipment to make a lasting repair.
5. Brenda assured us that the hole would be properly repaired as soon as she could get to it.
6. Brenda didn't know what to do to repair the joist, that she would consult with John D. Wheeler
and they would find a solution.
Thursday, 12 August - approximately 4:45 P.M.
1. Brenda came to the house.
2. She examined the broken joist and informed the workers to apply a 2x4 as a brace on each side
of the broken joist.
3. Both the workers and Bobby informed her that this broken joist was a direct load bearing portion
of the floor and that the remedy she suggested would not support any weight over a period of time.
4. She ordered the workers to do the repairs as she had told them.
5. Bobby went to Home Depot and purchased a construction guide book.
6. It was found within the book that in the event a joist broke, the proper remedy was to apply a steel
brace on the sides of the broken joist and secure it with bolts.
7. Brenda was told of the correct procedure to repair the joist.
8. Brenda stated that her solution was just as good as a steel brace and that the repair would be done
by place the 2x4 alongside the broken joist.
Wednesday, 11 August - approximately 7:00 P.M.
Phillip finished fence and was paid.
Wednesday, 25 August - approximately 4:00 P.M.
1. We received a hand delivered letter from Wheeler via Brenda.
2. The letter did not address any of the major issues of the second floor or their agreement to
tear up the entire floor.
3. We were asked to sign the letter that all work had been done to our satisfaction.
4. We refused to sign the letter.
Thursday, 26 August - approximately 9:00 A.M.
1. We went to the City of Southaven Building Department.
2. We received copies of inspector reports.
3. We found that the house had been written up for many deficiencies including the broken
joist.
4. We found that the deficiencies had been corrected in three (3) days.
Monday, 06 September - approximately 2:00 P.M.
1. We were visited by the supervisor of the Southaven Building Department.
2. The supervisor was shown the deficiencies.
3. He was asked why a building with so many defects could possibly pass Southaven building
inspection.
4. He stated that the house should not have passed inspection, but it was too late to do anything
about it since we closed on the property and had moved into it.
Tuesday, 07 September - approximately 2:30 P.M.
We asked for a meeting with Wheeler, Allen Richardson, Jr. And Lanier Hurdle, Jr.
Monday, 13 September -
1. We were visited by Allen Richardson, Sr. Who demanded the September rent.
2. We gave Mr. Richardson a check and informed him that unless we had the ongoing project of repairing
the office and the second floor being replaced with new wood, we were going to withhold future payments
until something was done.
3. We received receipt no. 211918 for house payment.
Friday, 17 September - approximately 7:30 P.M.
1. We received a visit by Allen Richardson, Jr., Lanier Hurdle, Jr. And John D. Wheeler.
2. They inspected the house and saw the living conditions we were undergoing, saw all the defects
and were particularly shown health and safety hazards.
Wednesday, 22 September - approximately 10:00 A.M.
1. We received a visit by Brenda.
2. Brenda wanted a final work list.
3. She was told that these lists served nothing but delaying once again the work that had to be done
on the house.
4. She was told to work from the many other lists we had submitted along with the inspector
report on the deficiencies.
Friday, 24 September - approximately 3:00 P.M.
1. We received a telephone call from Brenda.
2. She stated she would have the workers complete the work in the office and that they would
be in the next week to begin tearing up the second floor to install new wood.
3. She wanted to bring by Mr. Willie Jones who would be in charge of the removal of old wood and
installation of new wood on the second floor.
Wednesday, 15 September - approximately 1:00 P.M.
1. We received a telephone call from Lanier Hurdle, Jr.
2. Hurdle stated that he would have the work done continuously until it was completed.
Monday, 20 September - approximately 3:00 P.M.
1. We received a visit from Brenda who stated they were having problems scheduling the new work
crew to finish the project on the second floor.
2. We received a telephone call from Lanier Hurdle, Jr at approximately 5:30 P.M.
3. Hurdle informed us that they wanted to make all the repairs on the second floor before they
started any other work throughout the house.
4. No workers showed up for the rest of the week.
Monday, 27 September - approximately 10:00 A.M.
1. We contacted Annyce Kyle at her office.
2. She was informed that absolutely nothing except the tearing up the office floor had been accomplished
and that we were tired of all the waiting for nothing to be done.
3. Bobby told Annyce Kyle that beginning on September 1 we would not make any more payments
to Allen Richardson, Jr. As house payments but that we would make payments on the second note.
4. She was informed that we were beginning an escrow account for the monthly and for her to inform Mr.
Richardson, Jr., Lanier Hurdle, Jr. And John D. Wheeler that no more payments would be made until
all the work projects had been completed.
Tuesday, 28 September - numerous times
We attempted to call Allen Richardson, Jr., Lanier Hurdle, Jr. And John D. Wheeler on numerous occasions throughout the day but could not get in touch with either.
Thursday, 30 September - approximately 10:00 A.M.
1. We were visited by Allen Richardson, Sr. And his wife and wanted the mortgage payment for the
month of October.
2. Mr. Richardson, Sr. Told us that if we stopped paying the note, that his son would not hesitate
in filing suit.
3. Mr. Richardson, Sr. Told us that we were too picky and unreasonable in our demands and that there
was nothing wrong with the slab, flooring; it was all an optical illusion.
Friday, 01 October - approximately 3:30 P.M.
1. Lanier Hurdle, Jr. Came to the house with Allen Richardson, Sr. Check no. 2438 was offered.
2. They demanded full payment of the note.
3. We refused to pay the note and gave ample reason why.
4. We began an escrow account for the full amount of notes.
Monday, 04 October - approximately 4:00 P.M.
1. We were visited by Lanier Hurdle, Jr.
2. Hurdle stated that he would be the person to deal with over all issues.
3. Bobby told him that our contract was with Wheeler Construction and that the deed of trust was with
Allen Richardson, Jr. And Richardson Properties.
4. We asked for a letter certifying that he was the agent for Richardson.
5. Hurdle stated that he would get us the letter.
Wednesday, 06 October - approximately 4:45 P.M.
1. We were visited by Lanier Hurdle, Jr. And John D. Wheeler.
2. We were told by them that all the work to be done on the house should be finished by Christmas.
Friday, 08 October - approximately 3:00 P.M.
1. We received a visit from Brenda.
2. She insisted that we remove all the storage boxes on the second floor so that her crew could begin
tearing up the floor to replace it with new wood.
Monday, 11 October - 8:00 A.M.
1. The second crew consisting of three men came and began removing all the boxes from the second
floor bedroom and transferred them to the play room.
2. We were told to limit our access to the second floor because of the dust and debris caused by their
work.
3. We found that insulation that was supposed to have been installed on the second floor had not
been installed.
4. We called Brenda on this complaint.
5. We received a call from Brenda who stated that it was not in the contract for Wheeler to install
the insulation.
6. She was told that this was not a negotiated item, that we were told by Porky that the insulation
came with the house and that we did not have to negotiate that item.
Tuesday, 12 October
1. We received a call from Lanier Hurdle, Jr.
2. He stated that we would not get the insulation, no matter what Porky had promised.
3. He stated that since we were in arrearage on the house payment, then he would have to
stop the present project in replacing the second floor.
4. Hurdle was told by Bobby that no more money would be paid by us until the work had been
done and that the monthly payments were being placed into an escrow account.
Friday, 15 October - approximately 10:00 A.M.
1. Hurdle came to the house.
2. Hurdle stated he would continue the work project, but that we had to make the next payment in
November.
3. Hurdle was informed by Bobby that a good faith effort had to be made by all parties concerned and the
work had to be ongoing with a firm schedule for completion before we would put another cent into
the home.
Thursday, 21 October -
1. We both received certified foreclosure letters.
2. We attempted to contact Hurdle but could not get in touch with him.
3. Bobby contacted John D. Wheeler who stated that he had nothing to do with the foreclosure.
4. We began researching the laws regarding home owner warranties.
Tuesday, 26 October - approximately 11:00 A.M.
1. We hand delivered two documents to Wheeler Construction Co.
2. We delivered the Mississippi New Home Warranty Act.
3. We delivered Mississippi House Bill 1142.
Wednesday, 27 October - approximately 11:00 A.M.
1. We faxed a copy New Home Warranty Act Compliance to Lanier Hurdle's office.
2. We mailed the notification letter as required in the Act.
Friday, 29 October
We faxed a letter to Mr. Neil Harkavy.
Tuesday, 02 November
We received the return receipt to certified mail.
Thursday, 04 November 9:56 A.M.
1. We received a fax from Quality Insulation, Inc.
2. We faxed a letter to Wheeler Construction in response to the letter from Quality Insulation, Inc.
Friday, 05 November
We received the original letter from Quality Insulation, Inc. Via U.S. Mail.
Monday, 08 November - 10:00 A.M.
1. Brenda came to the house with the work crew.
2. Brenda was shown all the personal property that had come loose from irresponsible handling and was
strewn all about the second floor.
3. Brenda stated that we should have moved all the items and that Wheeler Construction was not
responsible for the mess.
Friday, November 13 - 8:30 A.M.
1. We called Brenda to come to the house.
2. We showed her all the ruined clothing, bedding, toiletries and broken glass that resulted in the
mishandling of our personal property.
3. Brenda insisted that it was our problem, not Wheeler Construction.
Wednesday, 17 November
1. We received a letter from Lanier Hurdle, Jr.
2. The letter was a suggested resolution of the conflict between the parties.
Thursday, 18 November - 1:00 P.M.
1. We received a visit from Lanier Hurdle, Jr.
2. He proposed to buy back the property and for us to negotiate their building us a new home
at another location.
3. We faxed RWH Properties, LLC a letter via Lanier Hurdle, Jr. At 4:08 P.M.
Monday, 22 November - 5:30 P.M.
1. We talked to Lanier Hurdle, Jr. Via telephone.
2. We agreed to have a new home built in another location but did not feel comfortable
in selling this house back to them before we could finalize a contract relating to the building
of the new home and the ongoing dispute.
Friday, 26 November - 4:45 P.M.
1. We were visited by Lanier Hurdle, Jr.
2. Hurdle emphasized that it was important for us to sell the house back to them before we could
enter into any agreement to build a new home.
3. We declined to sell the house back under those conditions.
4. Bobby informed Hurdle that the ongoing foreclosure was illegal per the contract and that we
would not negotiate with the threat of foreclosure over our heads.
5. He was informed that this was a form of extortion and that we would not negotiate until they
began negotiating in good faith.
Monday, 29 November - 10:30 A.M.
1. We received a telephone call from Lanier Hurdle, Jr.
2. Hurdle insisted that we give them the October and November payments.
3. We refused.
4. We advised him again that the money was in an escrow account and that we would
not make any further payments toward this property until all the disputes had been resolved.
Monday, 06 December - approximately 5:45 P.M.
1. We received a telephone call from Lanier Hurdle, Jr.
2. Hurdle indicated that Richardson would forgive the October and November payments and add
them onto the back of the contract.
3. Hurdle stated that he was confident that all the issues could be resolved with a plan to build a new
home for us.
4. He asked us to go to Hernando to the Wheeler construction site to look for a lot.
5. He stated that he would send us a fax with the negotiations listed.
Tuesday, 07 December - 11:00 A.M.
1. Bobby went to the Wheeler properties in Hernando and selected three lots for consideration to build
a new home on.
2. Bobby called Lanier Hurdle, Jr. And gave him the lot numbers under consideration.
Wednesday, 08 December - via fax
We received a faxed message from Lanier Hurdle, Jr.
Friday, 10 December - approximately 3:30 P.M.
1. We were called by Lanier Hurdle, Jr.
2. Hurdle told us that there would be additional charges of between $5,000.00 and $15,000.00 to clear and prepare the lot that we selected in Hernando.
3. Hurdle was informed that if we were to sell this house back to them and negotiate with them regarding
the building a new home, that we were not to be out another penny.
4. The house was to be built in the exact amount of square footage and the lot had to be reasonably close to the same size lot as we occupied.
Monday, 13 December - approximately 2:00 P.M.
1. We were visited by Brenda and work crew.
2. Brenda informed us that they would now work on the second floor until the job was done.
Monday, 20 December - approximately 10:00 A.M.
1. We were called by Brenda.
2. Brenda stated that it was up to us to have all the open boxes and contents that were strewn
about the second floor picked up so that the carpet people could come in and re-lay the carpet.
3. She asked that this be done immediately after the New Year.
Monday, 03 January - approximately 10:00 A.M.
1. We called Carmen at the Wheeler Office to ask for a schedule of work so that we could plan accordingly.
2. Carmen told us to coordinate all of our schedules with Brenda.
Thursday, 06 January - 1:00 P.M. Until 3:45 P.M.
We visited lots in Hernando.
Friday, 14 January - 8:30 A.M.
1. We received a telephone call from Lanier Hurdle suggesting that we could trade evenly with our
house and the house lived in by John D. Wheeler.
2. Bobby visited Wheeler residence and found that the house was not of the same size as ours and
the lot much smaller.
3. Bobby called Lanier Hurdle and told him of the different square footage of about 1,000 square feet
and that the lot was much smaller than our lot.
4. We declined to trade houses with Wheeler.
Monday, 16 January - 10:15 A.M.
We were called by Carmen who told us that there were more lots in Hernando that we could look at.
Tuesday, 18 January - 2:00 P.M. Until 4:30 P.M.
We visited sub-divisions in Hernando and other sub-divisions in Desoto County.
Wednesday, 19 January - approximately 10:30 A.M.
We received a telephone call from Neil Harkavy saying that we could meet with Allen Richardson, Jr.
And Lanier Hurdle at his office in Memphis.
Thursday, 20 January - approximately 2:45 P.M.
We received a telephone call from Lanier Hurdle, Jr. Stating that all issues would be resolved in the
forthcoming meeting.
Friday, 21 January - 10:00 A.M.
1. We had a meeting at the offices of Armstrong Allen, Poplar Avenue, Memphis and met with Allen
Richardson, Jr. And Lanier Hurdle, Jr..
2. We were given an amortization schedule from Allen Richardson who left the meeting without dis-
cussing any of the details of the negotiations.
3. We asked again for a letter from Lanier Hurdle, Jr. That certified he was negotiating with us on the
authority of Allen Richardson, Jr.
4. Lanier Hurdle stated that he would provide the letter as requested.
5. We have never received the letter from Lanier Hurdle, Jr.
Tuesday, 25 January - 6:02 P.M.
We received a fax from Annyce Kyle that addressed the work issues.
Thursday, 26 January -
We received a duplicate fax from Annyce Kyle.
Friday, 27 January -
We hand delivered a letter to Lanier Hurdle, Jr. At his residence.
Saturday, 29 January
We received a hand delivered letter from Lanier Hurdle, Jr.
Tuesday, 01 February - approximately 4:00 P.M.
Lanier Hurdle came to the home. Check No. 2457 was offered for payment.
Saturday, 05 February -
We went to Annyce Kyle's office and picked up Residential Full Agent Report.
Thursday, 10 February - 6:04 P.M.
We received a fax from Lanier Hurdle, Jr.
Tuesday, 15 February -
We received two foreclosure letters from Neil Harkavy via certified mail.
Tuesday, 22 February - 6:18 P.M.
We received a faxed proposal letter from Lanier Hurdle, Jr.
Wednesda;y, 23 February
1. Lyn began comprehensive research of the history of our lot and found that our property had at least
7 liens or encumbrances on it after the January 30 closing date when it was sworn to by Allen
Richardson, Jr. That the property was free of all liens or incumberances except for one on the day of
closing.
2. Lyn found possible bank fraud.
3. Lyn found other properties that had sold by Allen Richardson, Jr.in the past had similar liens and
encumbrances on them.
4. We contacted property owners in the North Creek Sub-Division and have found the same method
of operation that we were experiencing was being done to other homes built by Wheeler Construction.
Saturday, 26 February -
We faxed a letter to R.W.H. Properties, LLC, Lanier Hurdle, Jr. John D. Wheeler and Allen Richardson,
Jr.
Monday, 28 February -
1. We began looking for an attorney.
2. We researched the Internet and found the Mississippi Mortgage Consumer Protection Law.
3. We contacted the Desoto County District Attorney's Office.
4. We contacted the F.B.I.in Southaven.
5. We were told in both instances that even though there were elements of fraud and even with evidence
of possible forgery and certain proof of alteration of documents existed, that this was more or less a
civil matter.
Monday, 07 March - 3:41 P.M.
We received a faxed letter from Wheeler Construction Co., with cover sheet from North Creek Inc., and signed by Lanier Hurdle, Jr.
Wednesday, 09 March - approximately 12:25 P.M. - 1:30 P.M.
1. We received a fax from Lanier Hurdle/Pam Hill
2. We faxed a letter to Mr. Neil Harkavy.
Thursday, 10 March - 11:56 A.M.
1. We received a fax from North Creek, Inc., sent by Pam.
2. We faxed a letter to Lanier Hurdle, Jr.
3. We received a fax from Lanier Hurdle, Jr.
4. We received a fax from North Creek, sent thru A Plus Plumbing
5. We received a long distance telephone call from Lanier Hurdle, Jr.
6. We called Lanier Hurdle, Jr., long distance.
7. We received a long distance telephone call from Lanier Hurdle, Jr.
Friday, 11 March - 7:45 A.M. Thru 2:00 P.M.
1. We received three long distance telephone calls from Lanier Hurdle, Jr.
2. We went to the Circuit Court Clerk office in Hernando.
3. Bobby Taylor contacted deputy sheriffs for permission to protest sale.
4. Bobby Taylor informed Chancery Court Clerk of protest.
5. Bobby Taylor waited on courthouse steps for the announcement of sale.
6. Bobby Taylor met with Neil Harkavy in courtyard.
7. Lyn Taylor observed from a distance.
8. Neil Harkavy came to the courthouse but never offered the property for sale as required by statute.
Tuesday, 22 March - approximately 10:30 A.M.
We faxed settlement agreement to Lanier Hurdle, Jr.
Wednesday, 23 March - approximately 9:00 A.M.
1. We received a telephone call from Lanier Hurdle, Jr.
2. We called the 2-10 Home Buyers Warranty Company in order to file a claim.
Monday, 28 March - approximately
We received a telephone call from Lanier Hurdle, jr.
Tuesday, 05 April - 11:32 A.M. - 1:49 P.M.
1. We filed a Notice of Lis Pendens.
2. We mailed notices to all Defendants.
3. We received a fax from Lanier Hurdle, Jr.
Wednesday, 06 April - 8:19. A.M.
1. We called the 2-10 Home Buyer's Warranty Company who stated that no 210 Warranty had ever been
purchased by Wheeler, Richardson nor anyone else regarding this property.
2. We received a fax from the company confirming that no warranty had been purchased.
3. We faxed a letter to Lanier Hurdle, Jr.
Thursday, 07 April - approximately 4:30 P.M.
1. We called Annice Kyle to request the copies of documents.
2. We called Austin Law Firm to request documents again.
Monday, 11 April - approximately 10:30
1. Bobby went to Annice Kyle's office
2. Bobby went to Austin Law Firm office and informed them that if they persisted in denying us the
copies of the documents, we were going to file a complaint.
Monday, 25 April - approximately 11:30 A.M.
1. Bobby picked up copies of documents at Annyce Kyle's office.
2. We compared documents received at closing to documents picked up and found some had been
altered and our names and initials forged.
Tuesday 26 April - approximately 11:00 A.M.
1. We received Warrant and Complaint for Unlawful Entry and Detainer on the front door and garage door.
2. We filed a motion to dismiss in the County Court for lack of subject matter jurisdiction.
3. We filed a motion for continuance in the County Court.
Friday, 29 April -
We faxed a letter to Mr. Michael Hensley, Attorney.
Monday, 02 May - approximately 10:00 A.M.
We called the process server who confirmed that he was neither a deputy sheriff or constable in Desoto
County, Mississippi.
Wednesday, 11 May -
We received an order filed May 10 signed by Judge Barbee that allowed us the time to prepare
our defense.
Thursday, 12 May -
1. We received an order filed May 11 signed by Judge Barbee that contradicted the order received
the previous day..
2. We called Austin Law Firm to check on the documents.
Monday, 16 May -
We faxed a letter to Austin Law Firm demanding the documents.
Wednesday, 18 May -
1. Bobby went to Austin Law Firm for documents. They were not certified as true copies.
2. We made motion for recusal of Judge Barbee.
Friday, 20 May -
1. We filed an Amended Complaint in the Circuit Court.
2. We gave copies of Amended Complaint to Wm. Myers at his office.
3. Summons issued.
Saturday, 21 May -
We received a letter from William P. Myers, Atty.
Monday, 23 May
We received an order from Judge Barbee recusing himself.
Tuesday, 24 May
1. We filed motions in County Court to be heard by the newly appointed judge.
2. We were in County Court at 1:00 P.M. Before Hon. Joe Webster, appointed judge.
3. We showed that title was at issue and the case could not be heard in the County Court on a complaint
for Unlawful Entry and Detainer.
4. Judge Webster stated that we had misinterpreted the law and that the County Court had jurisdiction.
5. We showed that the Complaint and Warrant had not been sworn to as required by law and that they
had not been filed together as mandated.
6. Judge Webster refused to dismiss on those grounds
7. Judge Webster advised Plaintiffs that there would probably be appeals made in this case and told
them to tidy up your mistakes and I will allow you to file an Amended Complaint, or words to that
effect.
8. Judge Webster set the new court date for June 6 at 1:00 P.M.
9. The court was advised that Bobby Taylor had out of state business and it would be impossible
to be at court on June 6th.
10. Judge Webster ordered Bobby Taylor to prepare an affidavit to that effect.
11. Lyn Taylor gave the Plaintiffs a list of discovery that was needed while court was in session.
Wednesday, 25 May -
1. We received a letter from William P. Myers that gave his answer for the request for documents.
2. Bobby went to Austin Law Firm to pick up certified copies of documents.
3. We compared the documents received at closing to ones picked up and found some had been altered
and that others had our names forged on them.
3. Bobby went to office of William P. Myers, Attorney to pick up papers.
Friday, 27 May -
We faxed a letter to William P. Myers.
Tuesday, 31 May 2:00 P.M.
Bobby filed affidavit with County Court.
Wednesday, 01 June -
1. We received order of continuance by Judge Webster setting the next court date to June 16.
2. We made numerous attempts to hire an attorney.
Thursday, 02 June -
1. We received a letter from William P. Myers.
2. We made numerous attempts to hire an attorney
Friday, 03 June - 4:00 P.M.
1. We had electrical malfunction in dryer at home.
2. Repairman repaired dryer, warned of electrical hazard in wall outlet.
3. We called Lanier Hurdle, Jr. And told him of the electrical hazard and asked that he
send an electrician to repair the hazard. He refused by saying that he would call his lawyer.
Saturday, 04 June approximately 11:30 A.M.
1. We called Lanier Hurdle, Jr. Who told us that he was refusing to send an electrician based upon
advice of his lawyer, William P. Myers.
2. We called William P. Myers and he affirmed that no electrician would be sent. He told us to move
and there would be no immediate threat of fire.
3. We called certified electrician who replaced the wall outlet. It was determined that the initial wiring
from the construction of the house had been improper.
4. Electrician made repairs
Monday, 06 June -
1. We received an order setting case for trial by Judge Webster.
2. We made numerous attempts to hire an attorney.
Monday, 13 June -
We hired William Bruce, Attorney.
Thursday, 16 June - 10:00 A.M. - 4:45 P.M.
1. We went to the County Court for the hearing.
2. Received telephone call from William P. Myers who threatened forcible eviction if we did not
settle the case before the next court date.
Tuesday, 21 June -
They filed for Order for Possession.
Wednesday, 22 June -
1. We received a letter and Entry of Appearance of Counsel from William P. Myers regarding the
Circuit Court case.
2. We sent them a proposed settlement agreement.
Thursday, 23 June -
We received fax from Myers.
Friday, 24 June -
We received telephone call from Myers quoting price for house at $240,000.00
Friday, 01 July -10:00 A.M.
1.in the court hearing, Judge Webster stated that he was not going to hear any motions and that if
we did not negotiate a settlement, he was going to rule against us and have us physically removed
from the house.
2. Court order written by Myers and signed by Judge Webster giving them possession and that
there would be another section of the order forthcoming.
3. The order was not seen by us before it had been filed.
4. If the order had been seen by us, we would not have agreed to it.
Saturday, 02 July - approximately 9:30 A.M.
1. Called Lanier Hurdle, Jr. To discuss the purchase of the home. Message was left on his voice mail
to call us.
2. Received call from Lanier Hurdle, Jr. Who stated he would accept $240,000.00 as quoted.
3. Arrangements were made to get the funds to purchase the house for that amount.
4. We received a letter verifying the price of the home.
5. Mr. Susan Brooks placed the money available to purchase the home for herself.
Thursday, 07 July
1. We received telephone call from Toni Parker, Attorney who stated that the $240,000.00 had been raised
to $252,000.00.
2. We notified Mrs. Brooks that we would not be in negotiations with her or the other side in any way concerning the purchase of the house by her.
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