I-Team: Dream Homes Come With Surprise Liens
J.O. Clark Building Group Denies Deceiving Homeowners
POSTED: 11:22 am CDT May 4,
2009
UPDATED: 11:02 pm CDT May 4,
2009
NASHVILLE, Tenn. -- For Tony Perry, it was the golf course just outside the back door. "It's a wonderful house," Perry said.For Lynn Thomas, it was the fantastic kitchen."(We've) kind of always wanted a cottage-type house," said Thomas.It didn't hurt that their dream homes were built by J.O. Clark Building Group -- one of the most successful home builders in middle Tennessee, with more than 1,000 upscale houses in Rutherford, Sumner and Williamson counties.But some of Clark's dream homes came with a surprise."I was just in shock," said Thomas. "Kind of went into a panic."Right after Thomas and her husband settled into the home, they received a letter from a lawyer saying that there was a lien on their property."We had 10 days to pay it," Thomas said, "and that if it wasn't paid, they would force us to sell our property."Perry got that shock days before he closed on his house.'I'm going, 'What do we do? We've already sold our other house, we're trying to move into this house, and now I've got a lien on it,'" he said.A numbers of homeowners said they were blindsided by J.O. Clark, believing they were buying from the best.The Channel 4 I-Team found more than a dozen liens on J.O. Clark homes. A lien means the title isn't free and clear until an outstanding bill is paid.Subcontractors from masonry companies to landscapers said J.O. Clark stopped paying them after last year."The problem we're running into is we can't even pay our subcontractors because they haven't paid us," said Jamie Baker, who works for a subcontractor.At a house known to have a lien on it, a realtor said on Channel 4's hidden camera that there was not a lien on that property or on any other property."In J.O. Clark properties, you won't find liens," said a realtor representing J.O. Clark.StoneCrest was the title company recommended to check for liens before closing on a house. It's the same company homebuyer Perry was told to use."They never told me there was a lien at all," said Perry.The owner of J.O. Clark Building Group, Mark Clark, owned part of the StoneCrest title up until this year.The manager of StoneCrest said she was unaware of any complaints of homeowners not knowing about liens.In Perry's case, he said he found out about the lien from a subcontractor who came to his front door."'What do you mean, you've got a lien on the house?'" Perry said he asked the subcontractor. "He said, 'Well, I never got paid.'"Clark answered Channel 4's questions outside a hearing where he's being sued by a subcontractor.Channel 4 presented its findings to Clark and his attorney."These are realtors that work for you," said Channel 4 reporter Jeremy Finley. "These are realtors that work for Clark.""I don't have any realtors that work for me," Clark said.At the top of the realtor's card, it reads Clark Realty. Across the bottom of the card, it says J.O. Clark Building Group.In response to if he's deceiving homeowners or subcontractors, Clark said, "No sir, I'm not.""There are some homeowners that found out after the fact that there are liens on their properties. What would you say to them?" asked Finley."I think I'd reserve comment until I've had time to talk to my lawyer," said Clark."I'm not aware of that. I'm not aware of any liens that've been filed," said Stephen Pate, Clark's lawyer.Those liens are in public court files in Sumner and Rutherford counties, filed by at least five different subcontractors against Clark.As for the lien on Thomas' property, she said her house doesn't quite feel like her home."To go through the mental and the emotional stress that Rick and I have gone through, it's been hard," said Thomas. "And it's really killed the joy of building a home."Clark said he didn't know about the liens but said there were disputes with subcontractors he's trying to work out now.Clark was later arrested, accused of stealing a refrigerator from a model home to stage another home of his for sale.Because he later returned that refrigerator, the charge was dropped.A judge will now have to decide if the subcontractors taking Clark to court are due money.Clark's attorney said Clark is working to settle all his liens.Perry and Thomas have title insurance and are waiting to see if their insurance companies will cover this.
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