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More
Information on Finke's business practices:
Keiper v. Finke
Werner v. Finke
Houck v. Finke
Z Square 13 v. Finke
Nelson v. Finke
Van Bever v. Finke
Genslinger v. Finke
Sargent v. Finke
King v. Finke
Rehkamp v. Finke
Helton v. Finke
Fledderman v. Finke
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Finke's lawyer sent a letter to Ms. Keiper's
attorney demanding that my site be taken
down and signs removed from my vehicle. These magnetic signs that were made up that
stated "Finke Homes, Inc. Are LIARS & FRAUDS Visit
www.finkehomessuck.com". Subsequently two of these signs were
stolen.
Click here to view the police reports.
I have the right to say whatever I want to
say and use whatever medium to express that. For edification purposes,
slander is the oral act of defamation and libel is the
written act of defamation. Defamation is a written or
spoken false statement that causes injury to a person or
organization's reputation. Therefore, if Ms. Keiper or I have defamed
Finke on this site, then the claim would be libel and not slander.
However, everybody knows the axiom that "Truth is the
perfect defense against libel." I have not written
anything regarding Finke and its owners that was not
the truth. Ms. Keiper has also documented every claim I have
presented on this web site. One who commits fraud is a fraud.
One who has repeatedly lied is a liar. Calling a liar a liar and a
fraud a fraud is not defamatory. Ms. Keiper's evidence
submitted to the court, as well as others, documents
every claim. I challenge Finke to demonstrate any
factual misrepresentation I have made in this claim. Ms. Keiper
had documented numerous occasions where Finke has
outright lied and misrepresented themselves and they
have provided nothing to support any counter-claim or to
refute the evidence she has provided to the court.
During Ms. Keiper's court appearance on September 2, 2003,
Judge Jay Bamberger indicated that Ms. Keiper's charge of
"forgery" was inappropriate to bring in civil court.
However, Ms. Keiper's intention was not to adjudicate a forgery
charge in civil court, but to illustrate the callous, and flagrant illegal business activity of Finke Homes in Ms. Keiper's case. Therefore,
based on Judge Bamberger's statement that civil court
was not the correct jurisdiction; Ms. Keiper contacted the Boone County Sheriff's Department,
regarding the filing of a formal police report of
Finke's "alteration of a legal instrument". However,
since the forgery is a Class A misdemeanor, there was a
one-year limitation on bringing the charge against
Finke. Therefore, Finke escaped the criminal process
based on Ms. Keiper's delay in bringing charges. That doesn't
prevent anyone from presenting the documentation and
the statute thereby letting the informed consumer
make up their own mind.
The fact is Finke is never held
accountable for their actions. They hide their
activities behind closed doors of arbitration that
suppresses evidence against them from the public domain.
That way the consumer continues to be victimized by the
process and it's conveniently hidden from other
unsuspecting victims of their business activities.
Of course that's why Finke's attorney is
demanding that this site be shut down and the signs
removed from the vehicles advertising this site. They
want the evidence suppressed. Finke's attorney has
demanded a "written retraction" however he has not
indicated what exactly on the site was factually
incorrect. Other then the fact that the site wasn't
updated since the Boone County Circuit Court subjected
Ms. Keiper to the arbitration process due to the arbitration
clause and its purpose in an addendum relating to radon
gas that was misrepresented to her. Her Sales representative (Debra Blakey) specifically
stated that the addendum was related to radon gas and if she experienced
any issue with radon gas with her home, then she agreed to arbitrate. The addendum states,
"Builder makes no warranty or representation of any kind, express or implied,
with regards to the presence of radon gas within the homes, which is the subject
of this contract." Since the
Addendum specifically states that radon is the
subject of the addendum, why did Finke and their legal counsel (Gary Herfel) outright
lie
in a legal filing before the court? What's worse is that the court swallowed. I have emails form many other homeowners who experienced this very
misrepresentation. Here is more
evidence that Finke Homes, Inc. and Gary Herfel
lied regarding this "Addendum" to the Boone County Circuit Court! This misrepresentation to the court is the subject of the following complaint to
the Kentucky Bar Association Office of Bar Counsel.
Gary Herfel states that "The website and sign contain
many statements that are not true and are violations of
federal and state law..." I challenge him to indicate
which statement(s) are not true. Furthermore, had Ms. Keiper or I did violated any federal or state law, then I
demanded that he file the appropriate complaint with the
appropriate enforcement authority. He went on to say
that "...they are libelous and slanderous". If I made a
false statement then I demand he tell me which statements
are factually incorrect. He also states my 'website' and
'sign' "are outrageous conduct." However, from Ms. Keiper's and my
perception of Finke's lawyer's statement, is that it's acceptable for his clients to lie and
commit fraud against consumers, and they think its
"outrageous" that Ms. Keiper or I dare inform others of their
activities. It has been well over a year now, and they have failed to even acknowledge any factual incorrect statements on this site either to Ms. Keiper's attorney or by any other communications.
Finke's attorney further states that "My
clients and I request that you notify your client to
immediately shut down the website and remove the signs
and stop all such statements and to immediately publish
appropriate retractions of all such statements." If he
advises me which statements were factually incorrect,
then I will be happy to publish a retraction as it
relates to that individual misstatement.
On August 31, 2004 Ms. Keiper participated in good faith in
mediation based on Finke's expression to the assigned arbitrator. Finke's
offer was to demand this website shut done, a non-disclosure agreement be
signed and a grand total of $5,000 to be paid. What a joke. This is Finke's
example of "good faith." The fact is Ms. Keiper's one year walk through was
conducted on November 17, 2003 and after 10 months after the fact, and
Finke had done nothing to correct the deficiencies. This was after Finke Homes, Inc. & Gary Herfel made a written statement of their intention to honor their warranty. What a bunch of liars!
Their warranty is as good as their word, its "Worthless."
On September 2, 2004 while Ms. Keiper was in her backyard a woman driving a white
full size blazer owned by a Finke slowed down on Pebble Creek Way and extended her middle finger out and
screamed "You f**king b**ch" and other obscenities. She repeated this a couple times not just once. She then continued up
the street towards Falls Creek Drive where she lives. Ms. Keiper witnessed this woman (and I use this
term very loosely) a few minutes later come back down Pebble Creek Way and quickly ran up the stairs
of the house to grab a camera, hoping to catch a similar incident on tape. This woman turned onto Bridge
Point Drive and then turned around and went back up the hill before Ms. Keiper could get back
outside to confront this threat. There were a couple of witnesses to this incident. Everyone knows who this "woman" is,
and I wished Ms. Keiper's attorney would have called her to the stand in the Arbitration proceeding and
asked her about the incident. She is a true and shining example to what to expect from the Finke family and a Finke Home's representative. Wouldn't you love to doing business with such professionalism.
This incident clearly shows the type of people we are dealing with.
This is their level of professionalism and decorum. As much as Ms. Keiper and I
would like to express ourselves in similar means of emotions, we won't. We
will continue to share our experiences with the despicable Finke's and hopefully prevent
them from victimizing any more unsuspecting consumers to prey on. This action further proves
the saying "You don't have to live in a trailer park to live with trailer trash."
Do you want another example of the quality professionalism of Finke Homes, Inc. and its representatives? Read the complaint filed by Bill Rehkamp against Finke Homes listed to left (Rehkamp v. Finke). The complaint states that "defendant also cut new wagon tire and had bowl movement on plaintiff's wagon." This is the kind of people we are talking about. Can you imagine the professionalism of a business that has employees that would wipe excrement onto someone’s personal property? They are disgusting people. I can't see how anyone of ethical or moral norms could defend people like them. Who would want to associate with, let alone do business with people like them. By the way, Bill Rehkamp won in court. Do you think Finke paid the Court order judgment to Mr. Rehkamp? Mr. Rehkamp had to return to court and get a garnishment against Finke and Fifth Third Bank was compelled by the Court to seize the funds from Finke's account to pay the court order. I guess that since Finke Homes, Inc. feels they don't have to comply with the law they certainly don't have to follow the courts judgment. Unless of course; it favors them.
On September 14, 2004, while I was out, someone had parked
an automobile in the space I normally park in front of the house. Around 7:15 PM while I was
standing in the driveway, I witnessed a white GT Excavation blazer driven by an very ugly woman stop
beside this vehicle and another woman jumped out and placed a
sign on this vehicle that reads
"I (heart) MY FINKE HOME". Of course, the only one who would put a sign like this on their vehicle
would be a Finke. As result of their action in front of me, Ms. Keiper and I immediately placed the
replacement signs on our vehicles that were removed earlier this year. But based on Finke & Gary Herfel's "bad faith" effort in
mediation and their continued efforts to delay the process only to run up our legal cost,
I decided that my signs would stay on my vehicle to advertise my site and keep the consumer informed of this despicable business and the people running it.
Some visitors to this site have asked about the "FINKE HOMES SUCK .COM" T-shirts.
If you are interested in one, send me an email and I will get one to you. I am sorry about the delay in providing them to you. If you requested one and haven't received it, please email me again and I will make sure you get one.
Some visitors to this site have also requested a page that specifically outlines
each fraudulent act and omission, as well as each lie Finke made during the course of Ms. Keiper's
business dealings with them. Ms. Keiper is in the process of putting it into summary format in
preparation of her upcoming Arbitration proceeding that took place on February 1-3, 2005. Although the number of acts of fraud and lies are
numerous, I will share everything I have in the very near future. I know the court
filing is lengthy, but it is comprehensive of the acts up until July 11, 2003, with the exception
of a couple of items that have been forthcoming following the initial filing of the lawsuit. I
would encourage you to read the case in its entirety. If you have any specific questions, feel free
to email me and I will answer the questions in as much detail as possible.
The debate up to this point was not about the home or the quality of
the home, it's about the crooked liars that built the house. Ms. Keiper (heart) her Finke home too.
That's why Ms. Keiper declined Finke's offer to buy her home. Of course, Finke's bad faith offer was
to buy Ms. Keiper's home for what she paid for it, after investing twenty thousand dollars in finishing the basement.
Finke and their attorney must think Ms. Keiper is as stupid as they are!
Anybody who bothers to take time to read the case between Finke and Ms. Keiper can
see that it's not the house; it's the multiple acts of fraud and all the lies that were committed
during the construction process, breach of contract, and the worthless warranty Finke misrepresents. It's about
Finke Homes, Inc., not the home. That's where people are victimized by Finke's business practices.
This site will be posting links explaining many other homeowners' issues with Finke
Homes, Inc. in the very near future. Some homeowners have requested that their information not be
shared publicly. I will not be posting everyone’s complaint, those most egregious ones, who have
given permission to share their stories, will be. These are homeowners who have been victimized by
Finke business practices but lacked the resources to take Finke to court. Some of these cases should
have been in court, however, lets face it, attorneys are reluctant to take cases against homebuilder
on contingency, because they know of the courts favoritism of homebuilders and discriminatory
attitude in contract law as it relates to homebuilders. Thats is obvious in Boone County now. Ms. Keiper's case is a perfect example
of this prejudices attitude to homeowners in circuit court. I have to admit there is one other
possible explanation for Judge Jay Bamberger's discriminatory and arrogant decision contrary
to the facts of the case. Judge Bamberger was on the verge of retirement. One possible explanation
was Bamberger just wanted to clear his docket as expeditiously as possible. Without any regards to
justice or fairness (or contract law for that matter) compelled arbitration and to dismiss the case
from circuit court merely to remove it from his docket. His interest was possibly self-motivated
and self-serving as opposed to what was right, legal, and proper.
Judge Bamberger wrote in his arbitrary and prejudicial decision that "Although
plaintiff has alleged fraud in her compliant, plaintiff has failed to produce any evidence that
defendants induced plaintiff into the contract by fraud." However, that point was to be established
at trial with witnesses testifying to the facts surrounding the fraudulent misrepresentations. Judge
Bamberger basically denied to Plaintiff the right and access to the court to establish that Finke Homes
committed fraud and provide the court with the evidence to support the complaint. How convenient for
the court to deny the forum to present the evidence of fraud and then make the intellectual deficient
conclusion to dismiss the case because plaintiff hasn’t proven that case of fraud. If Judge Bamberger had
just read the Addendum that was presented to court he would have seen the outrageous lie Finke's
attorney was presenting in his ridiculous argument that the Arbitration clause was in fact separate
from the issue of radon gas "which is the subject" of the
Addendum.
One thing I find ironic regarding Judge Bamberger is on Monday, July 8, 2002 the
Kentucky Enquirer published an article
on Judge Bamberger titled "Judge takes on Erpenbeck scandal" by reporter Patrick Crowley. The
article stated "Judge Bamberger said that "the job was frustrating because of red tape, regulations
and the difficulty people sometimes had after getting into the legal system." Then he becomes the
very difficulty to get a case into the legal system. The article also stated that Bamberger "Away
from the courthouse, (he) enjoys....playing golf, often with attorneys who practice before him."
After Ms. Keiper getting screwed over in circuit court, I started to wonder how many "good-old-boy"
rounds of golf did Bamberger and Finke attorney enjoy together? But this is not the first time that
Judge Bamberger ruled against homeowners in a case where illegal activity was alleged and overlooked
by Bamberger to reach a decision. In one case he allowed land to be stolen from a homeowner. The article published
in the Kentucky Enquirer on Friday, May 17, 2002 by Gina Holt that explains the situation better
then I could. Some would argue that it not theft because the homeowner is being paid for the land.
But the price that the court indicated is part of the theft. I would like to see Judge Bamberger
purchase pristine Boone County land for $3,597 an acre. Currently land in Boone County is going for
$11,000 to $22,500 an acre. Compelling a person to sell their land three times below fair market
value under threat and coercion of law amounts to sanctioned government theft of private property.
On Friday, October 8, 2004, I forwarded a letter
to the Boone County Planning Commission regarding Finke Homes, Inc.'s failure to abide by the
conditions set forth by the Commission on Finke Homes, Inc. in the development of Pebble Creek
Subdivision. What a surprise! Finke Homes, Inc. fails to abide by a written agreement. Finke is
never held accountable and this is another example of it. A copy of the letter was cc: to every
member of the Boone County Fiscal Court, County Engineer, County Administrator and the Community
Development Director.
On October 14, 2004 Ms. Keiper received an email from the President of
the Pebble Creek Homeowners Association regarding the letter
being formulated to forward to all members of the HOA in the October newsletter. This is the letter Ms. Keiper sent to him
in response to the HOA letter.
On October 19, 2004 Ms. Keiper received an arbitrary retaliatory letter from the HOA demanding
she move her fence. Obviously this retaliatory action against Ms. Keiper is based on a clear
discrimination action on her by the "By-law Committee" of the HOA. Ms. Keiper is meeting with her
attorney because she can demonstrate that this action of the HOA is discrimination. This was one
fight the HOA really wanted to stay out of. But they interjected themselves into it. I hope the HOA
has insurance to cover this liability.
Here is another recent example of the gross incompetence and stupidity of Finke
Homes, Inc. Finke sent Christmas cards to homeowners (Ms. Keiper is a little disappointed that she
didn’t get one) that included a pen. These cards arrived to the homeowners with twenty three cents
postage due. Talk about being a scrooge. Their Christmas cards you owe money for. Subsequently, they
sent this letter apologizing for
their stupidity. However, you will notice that they don’t mention reimbursement of the money for
the victims. Finke didn't bother including their return address, so the victim is unsuspecting the
postage due is from Finke and not a loved one. If this incident doesn’t convince any person of
reason of Finke's gross incompetence, then Erpenbeck has homes for sell. Frankly, after dealing with
Finke Homes, Erpenbeck by far would have been a better "builder of choice".
On January 7, 2005 Ms. Keiper received notification from her attorney that the
Arbitrator has had to recuse himself from the case between her and Finke Homes. This Arbitrator has
been assigned since June 24, 2004 and now all of a sudden he has a conflict. Based on Ms. Keiper's
experience as well as everything I have learned about their business practices, makes me speculate
as why this Arbitrator has had to recuse himself from her case. One thing is certain; Ms. Keiper's
attorney is going to demand a full and complete disclosure as to the nature of this "recent conflict."
Also on this date, Ms. Keiper was notified that Finke Homes and their attorney "objects to the
presentation of any testimony or evidence regarding anything other than Keiper's house which is the
only subject of this (not legible) arbitration. Other houses or projects built by Finke Homes are
not the lawful subject of Keiper's claims and are not within the lawful scope of the arbitrator's
attention." Are they a bunch of clowns or what? First of all, Finke countersued in this arbitration
proceeding on the grounds of libel and slander. I suspect they are trying to hold Ms. Keiper
responsible for the statement that I have made. They apparently are not happy with "MY" website
and they are attempting to hold her responsible to my website. However, Finke opened to the door
to these witnesses based on their countersuit. Of course, they object. This site and her suit prove
they are liars and frauds and now they don't want witness to substantiate that they are a bunch
of liars and frauds. What a joke! Finke's answer to the Ms. Keiper's "Demand for Arbitration" was
"Finke Homes, Inc. denies that it has any liability to claimant." Therefore, their position is they
have no responsibility under the contract whatsoever. They have not honored their warranty despite
Finke and their attorney Gary Herfel written response to do so. That makes them both liars.
On January 10, 2005 Ms. Keiper contacted her attorney and discovered that Finke's
attorney (through his partner) has now suggested that the arbitration case be continued. Does this
tactic sound familiar? Delay as long as possible. Drive the legal cost as much as possible. Maybe
bankrupt Ms. Keiper into dropping the issue like they do to everyone else. They are so despicable,
it's disgusting. They make me sick. Finke claims Ms. Keiper is responsible for my website. They
claim that calling liars liars and frauds frauds is libelous and slanderous. They object to any witness
that will prove that they are a bunch of liars and frauds.
On January 22, 2005 the Cincinnati Enquirer ran this article
regarding gripe sites. Finke is just going to have to deal with it. At least until the U.S.
Supreme Court overturns the Sixth
Circuit Court of Appeals. But since Finke Homes, Inc. likes arbitration over the court system, then
here are a couple of decisions
by National Arbitration Forum regarding cyber gripe sites. Also for your reading enjoyment, Forbes.com published on March 8, 2005
a special report titled "Top Corporate Hate Web Sites."
Do you want another example of Finke Homes, Inc.'s stupidity and incompetence? On
January 27, 2005 the Boone County recorder ran a legal notice regarding a
variance from Finke Homes, Inc. The Boone
County Planning and Zoning Commission have a public hearing on the request scheduled for Wednesday,
February 9, 2005. The request is just another example of Finke Homes, Inc. gross incompetence as a
so-called "Construction Professional".
What a joke. This company can't even figure out the setbacks for their homes. They call it "bad
math." Apparently, they lack the intellectual capacity to add two and two. I think they don't know
how to read a subdivision plat and they don't understand basic compliance to subdivision and zoning
regulations. As I read the request, Finke states that "No other houses with one exception were next
to these lots at the start of construction to visually compare to so the error was not caught
immediately." That would mean that this one exception was an existing home in the development that
could have been the one they needed to use to verify the setbacks. Finke also states that the
"mistake was caught during the construction of the next home". Therefore, it would appear that
Finke Homes, Inc. caught the error on the second home. Therefore, my question is why was the third
house built or for that matter the second house that was not in compliance with the zoning regulations.
Does this mean Finke Homes, Inc. built the second and third house knowing full well they were in
violation of the regulations? This would not surprise me in the least. Now they approach the
planning and zoning commission and beg them to overlook their incompetence.
On February 3, 2005 Ms. Keiper received a "Partial Award" during the arbitration
process when the arbitrator dismissed Finke Home's "counterclaim." Of course the claim was
"dismissed without prejudice" which means they are free to file a claim in a court of law if they
feel they have a case. Bring it on Finke and Mr. Herfel. I have no arbitration agreement with you jerks. Lets roll. Arbitration as I have indicated is designed for one purpose only: to screw
the consumer while at the same time protects businesses like Finke Homes. During the arbitration
process, Ms. Keiper was not afforded the opportunity to call her witnesses that could give testimony
that Finke Homes were a bunch of liars and frauds. Now Finke Homes, Inc. is afforded the opportunity
to file suit in Boone County Circuit Court, while at the same time denying Ms. Keiper of those same
rights. I find that completely discriminatory and a perversion of our so-called justice system. Ms.
Keiper had irrefutable evidence that Finke Homes, Inc. engaged in deceptive sales practices under
Kentucky Revised Statutes. Finke Homes, Inc. outright misrepresented themselves and lied to Ms.
Keiper regarding the Addendum she signed. The evidence supporting the deceptive sales practice was a
written document in their sales representative (Debra Blakey) own handwriting offering the base price of the homes as $168,050.
Based on this lie, Ms. Keiper went into the contract and the base price was inflated to $177,000.
The fact is they had no intention of selling the home for the price that they advertised on the
brochure and that is the essence of bait and switch. The Kentucky Revised Statutes defines it as
"bait advertising" and is clearly an unlawful act under the Commonwealth of Kentucky Consumer
Protection Act. I look forward to Finke Homes, Inc. pursuing further legal action in this matter,
because unlike the arbitration process, Finke will be unable to suppress the evidence and the
witnesses that would be called to support every claim I have made on this site as well as my
freedom to criticize them for the stupid and incompetent people that they are.
Let's assume for the sake of argument that Finke Homes and their legal counsel's misrepresentation
regarding the arbitration clause in their misrepresented "addendum" that clearly states that the clause pertains
to radon gas that should have nullified their ridiculous argument was valid. Therefore, we will make the wild assumption
that the arbitration clause and
its presentation was legal. According to the document "Addendum to Warranty For FHA/VA (Original Financing) Properties Only",
"SECTION VII CONDITIONS" it states in plain English "ARBITRATION In lieu of any right of yours to have a
claim resolved in a judicial proceeding, you may, at your election, submit any and all claims, disputes and controversies
arising under or relating to this Agreement, including without limitation, any breach of contract, negligent or intentional
misrepresentation or nondisclosure in the inducement, execution or performance of any contract, and breach of any alleged
duty of good faith and fair dealing, to arbitration....” Therefore, based on federal regulations "arbitration" on Ms. Keiper's
FHA financed home, was and is strictly voluntary. I would argue that a contract can not conflict with itself.
Furthermore, I would argue that federal regulations would supersede any contradiction in the contract.
I would also surmise that the Boone County Circuit Judge exceeded his authority when he "compelled" an action
that federal regulation states is voluntary (you may, at your election). Bamberger decided that Ms. Keiper
is to be "forced" into arbitration and that would seem to contradict federal regulation. I do not feel that a county circuit court
judge has the authority to usurp federal regulations.
On February 9 2005, I attended the Boone County Board of Adjustment meeting
regarding the Variance submitted by Finke Homes where I spoke in opposition of the Variance. These
people are never held accountable for their actions, and once again Finke Homes, Inc. has violated
the law. The Board of Adjustment ultimately approved the request and allowed Finke Homes, Inc. to
get by on the defense of shear stupidity and incompetence as a homebuilder. I think that a
homebuilder that lacks the competence to determine the proper setbacks for their homes, should not
be in business as a homebuilder. Furthermore, to consider them "construction professionals" is a
joke. To call them one is a misrepresentation. At least the record has the chairman putting them on notice regarding their actions. Once again, Boone County excused their stupidity and incompetence and just rubberstamped the request. Just another home builder in violation of the law in Boone County. Why start holding them accountable now. Erpenbeck Homes, Keeneland Homes, Homes by Calkins, when will consumers and citizens of the Commonwealth of Kentucky start getting protection for these crooks? You can
be sure; I will bring it to the Board's attention if this ever occurs again. Here are the "unapproved minutes" from the meeting. The
staff report contains copies of
Finke Homes, Inc. permit drawings. Look at the quality of their "engineering drawings." Don't they
look like high quality produced "engineering drawings?" Like the "final" set of Ms. Keiper's home
plans that looks like someone penciled in items after the fact because they lacked the knowledge of
how to do it on their own CAD system. Just another example of the "quality" of their workmanship
you can expect from them.
Up to this point I have indicated that issues between Ms. Keiper and Finke Homes was based
on their multiple fraudulent misrepresentations, violation of the Kentucky Consumer Protection Act (what a joke), forgery, breach of contract, and subsequently breach of
warranty. As I have also stated their warranty is a worthless as their word. Ms. Keiper hired Joel
Davis of The Davis Group to conduct a detailed inspection and to serve as an expert witness on
construction related issues in the Arbitration proceeding against Finke Homes. This home inspection is posted to this web site
so everyone can view the defects of Ms. Keiper's home and Finke Homes response to each one of them.
I have also inserted my comments to each Finke response that in point out their worthless warranty
and despicable attitude towards their obligations under the contract. Please keep in mind that this
home inspection as far as my comments is still in progress.
Ted Seiter has apparently organized
TJS Homes and also is the only listed officer of this business. Debra Blakey is now working as a sells
agent for Holiday Builders, dba HB Homes. As a public service, I am attempting to warn potential victims of the businesses
that are now infested with Finke influences. Please don't be a victim.
Well it’s official; Ms. Keiper got screwed in arbitration. Her judgment award was less
then Finke’s own estimate to just replace the garage doors. The arbitrator’s, Margie Lynn Loeser, ruling
in effect states that she was denying the request for attorney fees and arbitration cost in violation of
the warranty terms of the FHA and federal law, and even claims that an additional $600 is owed for the
arbitration process. Finke Homes had to pay a greater amount of arbitration fees because of their counterclaim
which was dismissed but the arbitrator felt that Ms. Keiper should bear the expense of Finke's ridicules counterclaim that was dismissed. However, the sole purpose of Finke Home's filing of the counterclaim was to take the
arbitration process out of “fast track.” Finke Homes was the result of the increase in arbitration cost
and now Margie Lynn Loeser is telling Ms. Keiper that she has to pay more in arbitration cost is totally
unacceptable. Finke Homes breached a contract, committed fraud, altered documentation and submitted the altered document to a Mortgage Loan company for payment (can you say loan & bank fraud), built the house in
violation of the plans to the extent of placing windows where they weren’t supposed to be. Finke and their
agents repeatedly lied and failed to build the house according to their statements and Ms. Keiper's "expectations" and refused to correct anything
following the complaints of their failure to abide by verbal and written instructions as well as their own representation as
to what was said would be done. That by definition makes them liars. The total award amount is a minuscule and pathetic
offering for all that Ms. Keiper had to endure by these worthless and despicable people. As I have stated over
and over again, arbitration protects crooked and incompetent businesses and saves them from any accountability
for their actions. Businesses like Finke can lie through their teeth and cheat you out of your money, and have
absolutely no regards to their contractual obligations because there is no accountability against these despicable
people. Ms. Keiper had such a strong case against Finke Homes, and, in the end, Ms. Keiper paid more in
arbitration fees and attorney costs then she was awarded. If that doesn't prove the arbitration process is
designed to screw the consumer and protect incompetent & crooked businesses like Finke Homes then nothing will. We need
to change the consumer protection laws in the Commonwealth of Kentucky that will not allow incompetent businesses
like Finke from abusing consumers and to get arbitration in consumer contracts outlawed.
If you have been screwed by your home builder and have been forced into arbitration, under no
circumstance should you agree to use Margie Lynn Loeser as an arbitrator. Meet the enemy
of the consumer. She is obviously on the side of incompetent builders and refuses to be fair to a consumer with even an obvious strong case of fraud,
misrepresentation, breach of warranty, and breach of contract. Obviously, businesses have the right to go to court while the consumer gets, figuratively
speaking, forcibly sodomized in arbitration. The process is as despicable as Finke Homes and it is without any sense of fair and decent consideration for
any consumer in this society. Thank you Ms. Loeser for what is the analogous of raping Ms. Keiper for the second time in the transaction with Finke Homes,
Inc. What a mockery of justice and a kangaroo court arbitration is. Consider me guilty of contempt of court, because I have nothing but contempt for Judge Bamberger
and his crooked kangaroo court in Boone County. I had nothing but contempt for Margie Lynn Loeser for her prejudicial and favoritism towards crooked &
incompetent homebuilders like Finke Homes. I absolutely loathe Gary Herfel, his client Finke Homes and all the Finke minions and I have nothing but abhor
for all of them. I have nothing but contempt and complete abhor for the entire crooked and prejudicial process of arbitration. I hope every one of these
despicable individuals’ identified above burn in HELL.
Based on the fact Ms. Keiper was screwed in arbitration, I started looking into how any reasonable person could look at all the facts and
then render such a one-sided and prejudicial decision that Margie Lynne Loeser presented in the matter of Keiper vs. Finke Homes. I quickly found that Margie
Lynn Loeser is an attorney for Morgan & Pottinger in Louisville Kentucky. After looking through the website I stumbled on to an article she authored in their
newsletter. It is titled "Arbitration Revised in Kentucky" and it clearly shows
Margie Lynn Loeser's favoritism of businesses and disregard of consumer rights in their fight against corrupt and illegal business activities. Now that we
clearly understand her position of arbitration protecting such despicable businesses like Finke Homes; we also now understand the type of lawyers needed to
keep such a racket effective in allowing businesses like Finke Homes to walk all over their victims and then when a consumer stands up and challenges the
system without any rights whatsoever. We have a corrupt and biased judicial system with like-minded judges on the bench denying rights of Kentucky consumers
and forcing them into a corrupt and prejudicial system operated by lawyers that could care less about the consumers. Lawyers like Margie Lynn Loeser. I wonder
if a veterinarian accidentally causes one of her precious show horses to go sterile if she would agree to arbitrate. I hope that someone seriously screws up
her life and she finds herself completely helpless. I also hope that she is left without any rights and surrounded by uncaring and heartless bastards the leave
her hung out in the wind.
The American Arbitration Association is a corrupt organization filled with a bunch a lawyers acting outside the law and above any apparent
judicial review whose sole purpose is to screw the consumer and protect crooked and illegal business so they can continue their ongoing criminal enterprises
against unsuspecting citizens. The AAA activities are worthy of a RICCO investigation, however, since the all the Attorney General’s that normally would shut
down such an enterprise are lawyers themselves, they have a vested interest in allowing their counterparts to enjoy the wealth and the political payoff that
politicians and crooked businesses enjoy keeping this system in place. It is apparent from the lack of consumer protection laws in the Commonwealth of
Kentucky that the General Assembly is not interested in protecting the rights of the citizens. They are only interested maintaining the sustained bloated bureaucracy of state government and
their insatiable appetite to retain their position in power while at the same time driving the Commonwealth's finances into bankruptcy. That usually means the crooked politicians are being paid off by crooked business to keep this the
crooked system of arbitration in place so that the crooked business can hire crooked lawyers to screw the consumer. Everybody gets paid off and the consumer is
the only one screwed. Arbitrators like Margie Lynn Loeser are a perfect example of the callous and absolute disregard to the consumer’s case that allows businesses
like Finke Homes screw their customers and stay in business. She in a shining example of the ideal person the crooked business wants in an arbitrator.
On the morning of 12/6/2005 while driving down U.S. 42 in Florence, a jerk stopped beside me and blew his horn and continually flipping me the middle finger. Apparently, he didn't like the website advertisement on my truck. He was driving a bronze colored Ford F250 Lariat with a matching color shell over the bed of his pickup. Obviously the same quality character as the despicable people associated with Finke Homes, Inc. Probably an inbred himself displaying his level of intelligence by holding his I.Q. level up on his hand. Sorry I didn't get his license plate number because I would have loved to put it on this site for the world to know who the jerk is.
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