February 12, 2012 - 01:04
     
Retirement dream becomes a nightmare
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2010
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Gerry and Kathi Barrett thought they would have their dream retirement at Ocoee Mountain Club, surrounded by beauty in an upscale development with a clubhouse and close to city amenities in Chattanooga.
Gerry and Kathi Barrett thought they would have their dream retirement at Ocoee Mountain Club, surrounded by beauty in an upscale development with a clubhouse and close to city amenities in Chattanooga. Instead, said Kathi Barrett last week, “we walked into a nightmare.” Their dream home is not quite finished, the road in front of their homes is washing out, and more than $70,000 in liens have been filed by vendors who were not paid by Ocoee Mountain Homes.

Responding to advertising in Florida, the Barretts visited Ocoee Mountain Club in December, 2008 and fell in love with the area. They paid cash for a lot in January 2009, looked over plans for homes in the office, and met with builder James Breeden of Ocoee Mountain Homes. “Everything was very convenient,” she said. By the time they were ready to start, Breeden had left and Scott Kessler was the new master builder. He told them he would get the paperwork for pre-approval from Southern Heritage Bank. “He made it so easy, we felt comfortable with him,” she said.

The Barrett’s home was supposed to be completed by Feb. 15, 2010, so they moved from Florida on March 4, only to find the work had not been completed. “We were unhappy about that but worked around it,” she said, but there was worse to come. Kessler was gone around March 18, Barrett said, adding he contacted them and apologized, saying he felt bad he couldn’t see their home completed and felt bad about how things turned out. “We were devastated. He was our guy,” she said.

The first lien came later that same week. A day after they released the final draw on a construction loan, they received notice that a contractor lien for non-payment was filed against their property. Since then, she said, they have gotten eight more for around $70,000 total. As a result, they cannot follow through with the plan to move from construction loan to mortgage because they do not have clear title.

Barrett said they had visited the construction site five times to check on progress and everything seemed to be proceeding. They approved the release of draws on the construction loan, based on what they had seen and assurances by their banker at Southern Heritage Bank. “We were very excited,” she said, adding, “there was no reason to question anything. We released the funds with a good feeling of trust.” The checks were made out to Ocoee Mountain Homes.

In April, she said, the banker they were dealing with was fired. There was supposed to be a meeting with developer Paul Fetzner, partner Lou Lentine and the bank in April but it never happened, Barrett said. Fetzner is now gone back to Florida. She said the bank is working on a plan that will allow them to get a mortgage but she fears it will be at the expense of the vendors. Barrett said she does not want to hurt the little companies, noting they should be paid. She said the man who did the interior painting told her he was not paid but couldn’t afford to hire an attorney to file a lien. “He shouldn’t have to walk away from $1,600,” she said. “It’s not right.”

Looking back, she said, “Maybe we were stupid and naïve but we trusted them.” She said she has asked Lou Lentine, a partner in Ocoee Mountain Club, to tell her where the $160,000 went. After the liens were filed, she said, the bank held back $10,000 of the construction loan, which the Barretts are using to complete the work. She said Lentine has sent them a bill for $9,000 worth of work that was supposed to have been covered, adding the Barretts have paid for some items that were supposed to be covered. Barrett said she has tried since March to get him to sit down with them and the bank. “If he’d tell us what he did with the money, we may have something to talk about,” she said, noting he had invited them to meet with him this week.

Adding insult to injury, Barrett said OMC is pushing propertyowners to pay the $350 annual Homeowners’ Association fee. She pointed out the “clubhouse” is just a hole in the ground and there has been no accounting of the fees paid last year. The clubhouse sign saying “ready 2009” is lying in the woods. “They’re threatening to put a lien on the properties for the $350,” she said, noting they can just stand in line.

Barrett said she has even had frustrations trying to get an attorney because so many have conflicts due to relationships with the bank, Ocoee Mountain Club or Ocoee Mountain Homes. “It’s more than sad,” she said, adding, “We’re retired and have limited resources. We don’t have money to fight a multi-millionaire.” The majority of those in Ocoee Mountain Club are retired and have invested in their homes, she said. She said she had spoken to the District Attorney General about the situation.

“It’s been awful,” she said, adding, “I can’t put words on it. We wanted to retire to the mountains. This is a beautiful area and we would love to enjoy it. Instead, this is what we talk about.” The situation has left them afraid to trust anybody “and that’s a terrible way to live.”

Barrett said she realizes this is not something the community wants, noting it’s terrible for the whole county and the area. She said there is so much potential here and so much that could help the community but it’s become a bad mark on the whole area, to people that have been here and who want to be here. She said she had heard from a lot of local folk who have told her how sorry they are and added “this is not us.” If good wishes could have ended this, she said, “we wouldn’t be in this situation.” The comments from local folk, she said, reinforce their original view that they came to the right place.

They just want to nightmare to end.

 

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