Hi. My "protest"?

[administrator]

I know many of the biltmore people read this.

You have been lied to.

Plain and simple.

THP has lied to members of the community, and they, unfortunately have furthered the lie.

I always say (go back and look for yourself), THP or otherwise, come back and finish what you started.

To think I would go to court to "protest" against moving the development forward is asinine and incorrect. I want the community done just as much as anyone else does. I do, however, want it done properly.

Last, as you know since you read this website, the hearing on Tuesday the 12th is about DOUGLAS RIECHLEY!!

This is what the docket shows :

01/12/2010
10:30 AM

Letter Filed by State Representative Douglas G. Reichley . (C., Darlene)

Perhaps it has changed, but, that's what the OFFICIAL RECORD on PACER says.

Don't believe me? Go look yourself! Spend 8 cents per page / search like I do!

That's what I was going for - for MY FAMILY and MY MATTERS as CUSTOMERS of this company to make sure that CUSTOMERS are also looked out for in this work out process.

It blows my mind that THP, the principals of this company, took THIS email below and turned it in to what they did to members of Biltmore!

Unbelievable.

Here's is the REAL email with the REAL context of what I sent to Tim and Todd Hendricks.

You will quickly see that yes, I *DID* say I wanted to go to court.
You will quickly see that yes, I *DID* cc members of the media.
You will quickly see that yes, I *DID* say come along and talk to me about MY MATTERS and MY ISSUES.

To those of you in the development that want a scapegoat - I AM NOT YOUR SCAPEGOAT.

And to those listening to these ridiculous accustations... Please, ask yourself at least, does this make sense?

I know some of you have, and I fully appreciate it.

It's not even a matter of "support" or anything like that. It's just common sense.

This email was sent :

Thu, Jan 7, 2010 at 11:44 AM

Mr. Tim and Todd Hendricks,

I've had enough.

The way your actions have influenced my family over the past eight months has been frustrating, daunting, and other varying emotions that are difficult to put to words.

I expect a meeting with either one of you to discuss my house and other matters.

I don't want a return phone call from one of your employees.

I want a return phone call from one of you setting up my appointment to meet with you to discuss MY home and MY matters.

This is not about wheresbuilder.com.

I'm tired of it all.

I want to know when I will be made whole.

When the liens will be removed.

When the house will be complete.

When I will be paid back for the work that I put out of my pocket, even though, I paid you in FULL for my home to be built IN FULL.

I expect a return phone call from either YOU, TIM or YOU, TODD.

Today.

Ed Crotty

PS :

To the members of the media that have been so kind to me during this ordeal, I apologize for the intrusion, but, in the event I am denied again this request, I would like to hold a meeting with any of you that are interested in speaking with me about my emotions and drain this has placed on my family and myself.

A possible place of interest to hold such an informative gathering, potentially with other people that have been influenced, would be an upcoming court hearing date scheduled for January 12th that you may find intriguing. If you are not already aware, a hearing is scheduled regarding State Representative Douglas G. Reichley and his position on the TH Properties matter and proceedings thus far, which you can read about here :

WOAH - Talk about stepping up to the plate! Douglas Reichley writes in support!

For your convenience, I have attached the court filing referenced in the above link.

Last, it was my wife's emotions to me in an email below are what prompted this third request :

---------- Forwarded message ----------
From: my wife
Date: Thu, Jan 7, 2010 at 10:58 AM
Subject: Re: garage
To: me


i don't know...
its everything
the neighborhood, the house...the fact that we struggling to live here and we hate it...
I just don't understand how they can do this.
And the whole capping thing just totally ruined my day...I was excited when the guy called and now I'm just sad about everything... thats the only word to describe how I feel...sad...I'm over being mad because I've come to the conclusion that we just can't win ...nothing we do can help... I feel beaten down and sad. I'm sad that our kids won't have neighbors, sidewalks or a place to play again this summer...even if we go get grass ...how much is that going to change things?.... Tommy keeps asking if he can have a friend over from school...and I don't want him to....its embarrassing! You worked hard to get us this house and we all deserve better than this...People shouldn't be treated this way.

[administrator]

My "agenda" has been very public.

I want the home and community as contracted.

That's it.

However, members of the community have outright lied about my position and undertakings.

What is their real agenda?

I have no desire to friend tim or Todd on facebook or hopes to be whisked away to Egypt on some company sponsored trip.

What is their real agenda?

And, worse, what is THP's real agenda?!?!

They told these unsuspecting people that there was a hearing on Tuesday regarding Biltmore and BoA, and to hurry and sign petitions??? BoA already REMOVED their request for relief of stay! If you pay attention to the only truths out there, the court documents, you would know this. And, as always, you can find them here.

So, not only were they misled by THP about my position and the contents of my email, but, they were USED to assemble a virtual showing speaking against THE REAL matter at hand - a state rep actually sticking up for the customers in all of this.

So... think about how it is going to played out... A state rep is to speak on how THP's actions are preventing KIDS from being picked up in a development due to the state of their roads (yes, this is an issue he brought up in his letter)... A couple without a home for months on end, yet, out a deposit..... Then, a bunch of papers are to be presented to the judge, with, something that has no bearing on the court proceedings that day... When, in actuality, the hearing is about PROTECTING the CUSTOMERS best interest!

To be frank, if I were them...

I would feel very duped.

[administrator]

Looks like there are a few people confused.

Here is the email... That was sent out, the same day, hours later, after my sending an email to Tim and Todd Hendricks late last week.

This came from an HOA!

It's one thing to push your "agenda", but, to twist the truth on so many different accounts?

From: Biltmore Estates Carriage [mailto:hoa@estatesofbiltmore.com]
Sent: Thursday, January 07, 2010 5:27 PM
Subject: Biltmore Estates needs YOUR Help

Dear Neighbors,

This afternoon we received a phone call from TH Properties regarding an upcoming meeting they will have with the bankruptcy judge on Tuesday, January 12th 2010 to finalize the restructuring plan with Bank of America for Biltmore Estates. In layman’s terms, this would mean that the judge, if he approves the plan, would secure the financing needed to complete Biltmore Estates. The outcome of this hearing looks very favorable for TH Properties and us except for one small item. A resident of Biltmore Estates has made it known that he will show up at the hearing before the judge with newsmen and cameras to fight against the restructuring plan. It seems to be a very selfish agenda. WE as the true voice of this community want to sign a petition to present to the judge on Tuesday 12, 2010 that we are in favor of TH Properties restructuring and it would serve all of Biltmore Estates interests to see TH Properties back in business.

If you want THP to come back, wonderful. Again, I've ALWAYS said, THP, or otherwise, come finish my home and community.

I've even said in in-person interviews I would hand Tim and Todd each a cofffee and a hammer to get to work.

So, again, I ask, what is THEIR agenda? Mine is just to get my home and community as contracted.

This email is so far off base, its laughable.

Actually, it's propaganda.

What is their "selfish agenda"?

I hope that those of you that were approached by this were able to step back and think for yourselves.

I strongly believe people should do whatever THEY want to do. Not doing something merely for someone's "selfish agenda".

And to think that THP spread this ... In hopes to gather support to show up in court when they are talking about something COMPLETELY different!

Talk about being duped.

[B_robert]

Quite honestly, I guess I can thank THP for one thing coming out of all this....the fact that I've been able to catch a glimpse of my potential neighbors in action. Fortunately with every bunch there are a few people who can actually think for themselves....the others...meh, not so much (and yes, you know who you are). Sheeple, to say the least.

Seriously, get the facts straight before you make calls to judgment.

[B_robert]

It might do these people well to remember that this is business, not a social club. That fact that they can be manipulated so easliy by the very same people who submarined them speaks volumes.

[administrator]

People that signed hopefully did so because it's what THEY wanted to do. ... Not swayed by some presentation nonsense.

What does bother me is that these very same people that were duped by TH Properties KNOW how to get a hold of me.

Christ, I live in the same neighborhood.

They could have just come over to :

A - Ask me if it was accurate
B - Tell me to go to hell

(and in the event anyone questions my actions, yes, i did reach out to the hoa. they have not returned my phone call.)

[administrator]

I think EVERYONE should understand, that, yes, I thought this would be an opportunity to have these conversations about things that have taken a toll on my family...

However, no limelight should be taken nor would be taken from the true matter at hand - Getting a customer that has been OUT OF A HOME for EIGHT MONTHS with NO RETURN ON THEIR DEPOSIT. Or, perhaps, trying to seek an opportunity to ensure that CHILDREN can SAFELY be picked up from their home to go on their way to school.

Which, is why, I had no desire to "protest" anything or anyone. As I said in the email, I thought it would be an opportunity to discuss matters. That's it. No flags or banners or other nonsense. If anything, I would respectfully sit in the rows of the court room as I have done on three occasions now listening for what is going on, educating myself about this process.

If anything should be "protested", it should be "supporting" what is going to be what is to be discussed - how all customers have not been protected during this eight month long ordeal.

Here's one to think about for people that have completed homes.

With regard to the bond companies and the bond money. You know what it's for? It's for finishing the developments' public areas in the unfortunate event TH Properties went bankrupt.

And they did.

Yet, we are celebrating a small victory of lights in the development eight months later? Doesn't anyone see anything wrong with that???

It's because, in court, TH Properties fought to ensure that the bond monies were used in a way to "not harm the estates". And, not letting TH Properties basically be the middle man (for what?) is what one of some things has stood in the way of the expediting of seeing the community complete.

Also, the reorg plan which actually SHOWS how they wanted to reorganize is available right here.

Educate yourself :

http://www.wheresbuilder.com/THP_Reorg_Plan_102709.pdf

(you dont even need to register - its been here since the day it hit)

Then, come to your OWN choice. And, I don't care what it is. Just do whatever your OWN choice is though. You owe YOURSELF that much.

And, yes, a new complete (?) plan is due by the end of the month.

[Voice-of-Reason]

You know what they say. You can lead a horse to water, but you can't make them drink it (unless it is the THP Kool-Aid)

It sounds like some of your neighbors are still holding out hope that THP will rise from the ashes and using their magic hammers finish the development and make everything all right. They are either clueless or in denial. Either way it is their choice to do what they want to do.

You have done all you can do for them. It is up to them to make their own decisions.

Don't get me wrong. I would love to see THP finish all the developments they started and make everything for everybody all right. But given their track record and the way the economy is these days, I don't see how they can meet the new obligations to the banks in their DIP agreements.

Why did the banks agree to these new agreements. Simple. If THP fails to meet their new obligations, the banks simply take the properties. No fuss. No muss. Then they can turn the it over to a new developer to finish and recoop their losses.

[B_robert]

I think some are holding out hope that they can be on good graces with THP come time for them to rise like a phoenix out of the ahses, but I fear that these people fail to see the reality that business is business, as forth and so on....

Good point about the new agreements...the banks have little to lose and much to gain by moving forward in some respects....if THP fails to live up to the terms of the new agreements, it is a default and the banks can move without running back to the bankrutpcy court for approval.

[administrator]

To anyone that is not aware by now what the hearing (if still even on) is scheduled for tomorrow, here it is.

I didn't realize this wasn't one of the public downloads.

http://www.wheresbuilder.com/HOR-Commonwealth122909.pdf

So, this is what is REALLY going on tomorrow in court. Or, at least, was scheduled. There is a hearing regarding the matters outlined in this filing.

If the matter were already worked out, however, there is no hearing to be held. And, subsequently, no one will be there.