Comments on: Perjury During Arbitrations

By: ebragg

ebragg — Wed, 30 Sep 2009 15:47:46 +0000

Jordan – thanks for your comment. Just so everyone knows, the website link at the bottom should be http://www.jordan-fogal.com. Please go there – there’s tons of great information on it.

By: Jordan Fogal

Jordan Fogal — Wed, 30 Sep 2009 04:39:35 +0000

We were residents of TX when the housing industry and arbitration company destroyed us. We are senior citizens.. My husband still maintains an apartment there, because retirement now is not an option. The builders of our home and 37 others in our subdivision, covered up defects and committed fraud. It was so blantant we even got a ruling of fraud in arbitration… With a ruling of fraud and an uninhabitable home we got an “award” of 8% of the value of our uninhabitable home.. The arbitration company, AAA. considers this a win for the consumer? An award does not mean you will ever collect anything. My builders’.lawyers said there was no money in that company and laughed saying I would never collect a dime. They threatened my lawyers with a law suit if they continued to persue justice for us…We lost our home, our down payment and were forced into moving expenses and arbitration costs. Over $30,000 to go into forced arbitration. not including attorneys fees. Arbitration that was decided before we were taken behind closed doors.. Thirty- seven homes out of 44 in our subdivision were built with seriously defective roofs. Our builder was well aware of this and other defects and sued his own sub contractors…and went right on selling his defective properties. When ask in arbitration, why he did not tell us about the problems with our house, he smirked and said ,”why should I”? Our dining room ceiling fell in the first night in our new $360,000 home. The only way you can even believe what I am saying is to go to my web site and see the pictures, of not only my house but my neighbors. And we were not the only victims, This builder is notrious in Houston. These builders were fired by a suburb of Houston, as they attemped to build a new police station. It was 7 months behind and full of mold. Over 30 of us begged the AG and the DA for help and filed complaint after comlaint. The AG says I never even filed mine. I have twice and have two file numbers .They told us face to face when we delievered them it was a civil matter.. This is not civil. This is crimiinal only the weapon is hidden. Hidden in an arbitration clause that protects these types of big businesses from any repercussions. They get way with this behavior all the time and have become arrogant about it.. I know they had three other cases in arbitration when we were there. We went in with 187 documents,, a power point presentation, pictures and witnesess. The builder walked in with the arbitrator laughing carrying a little binder with 37 pages in it… and he knew he did not even need that..Our fate was decided when my builder called and told me…:”his lawyers would take care of me in arbitraion.”. Tremont Towers, 76 units is also another of their fasicos.one of the highest foreclosure rates in the city. Also implicated in a mortgage scheme with BriarHollow?. Our house has been in foreclosure 5 times since we had to abandon it in 2004 after the shower fell out and the mold was rampid,stinking and making us sick. Our physican told us to get out immediatly after seeing the toxicology reports… Mother Jones magazine did a seven page expose.. The BBB used them on the cover of their bullitin as the example of bad builders with shadow companies. The head of our warrenty division was in prision. Still,,no one would help us…..we are one of millions in this country that were not sub primes, but victims of sub standard construction and arbitration clauses. We have become a land of angry Americans and that seems to be the only right we have left.. Jordan Fogal http://www.jordam-fogal.com

By: Virginia M. Heneberry

Virginia M. Heneberry — Thu, 14 May 2009 20:11:40 +0000

Dear Ms/Mr. Bragg:

I too was such a victim. And while I do agree with Eric that arbitration is a “worthless program” (actually, I think its net value is negative), you do have recourse beyong “contacting your elected offcials”- but by all means do that as well. Arbitration is indeed a horrow- or at least mine was, including having to stand in utter disbelief as an officer of my former employer lied repeated under oath. Sadly, such lies were perpetrated in my employers papers before by state’s appellate court, and its court of appeals.

I more than appreciate your sense of injustice, but do not agree with Eric. I have research extensively the “privatized justice system” that claims to be “quick, cheap, and fair”. My arbitration was prolonged, devastating expensive, and just about as unfair as a judicial process can be- anywhere. And that is before one factors in the lies, and the utter lack of due process.

I have a friend who is thinking about setting up a foundation to outlaw arbitration, having also been a victim. There is legislation before Congress. I not only intend to tell my elected officials such (and I have fairly direct access ot them), I also intend to pursue this matter, specifically as it relates to my case, and generally as it relates the “abomination of arbitration” as a whole. I am very interested in your story. You can go to my blog at http://virginiasblog-virginia.blogspot.com/ and send me your contact information. One of my first postings will be article where a former state police corporal was found guilty on March 10th of this year for lying in a 2007 arbitration (a felony conviction) and is facing sentencing of up to SEVEN YEARS in prison. That felony conviction puts an end to his carrer as a police officer- as certainly would be the case for any employer or employee who lies in a securities arbitration.

Please feel free to contact me.

Virginia Henneberry
New York, NY

By: Eric Kohnke

Eric Kohnke — Mon, 20 Oct 2008 01:11:06 +0000

Your only option is to contact your elected officials and tell them to elimintate arbitration and NEVER enter into an arbitration agreement again. It is the most worthless program I have ever been a part of.

Eric Kohnke
Andover, MN