Lawsuits accuse Meridian builders of fraud

Complaints say Justin Walker and his partner misused construction funds and Walker has hidden assets from the Bankruptcy Court.

By Sandra Forester - sforester@idahostatesman.com

Published: 09/26/08


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ADDITIONAL INFORMATION

Other construction-related cased

Prosecutors and bankruptcy trustees say local lawsuits and bankruptcies related to the construction industry are on the rise. Among developments since spring:

Robert Moffat, of Moffat and Moffat Construction in Eagle, pleaded guilty to one felony forgery charge and settled a related lawsuit. Moffat overcharged people who hired him to build their high-end homes.

Ten former customers of David Ochoa - the principal owner of Sawtooth Custom Homes, SMS Construction and McCall of the Wild - are asking for about $1.4 million in damages under federal racketeering and fraud laws, claiming these companies charged them for modular homes the companies never completed in Wyoming and Eastern Idaho.

Clients of Dairld Wurtz, owner of Spyglass Homes, say he used tens of thousands of dollars of their construction money to fund his race-car hobby and pay his girlfriend's expensive mortgage, but left some work uncompleted or failed to pay subcontractors. Wurtz was working with a loan officer tied to a separate alleged $20 million mortgage scam.

A California investor sued Eagle River Mortgage of Eagle and First Horizon Home Loan Corp. regarding construction loans on Teton Springs, a development near Victor in eastern Idaho. A complaint says First Horizon and Eagle River knowingly used and endorsed fraudulent appraisals to justify home-lot purchases that exceeded the real value of the properties.

Meridian homebuilder Justin Walker, who abandoned an unfinished subdivision in Eagle, is accused of fraud, misuse of construction funds and hiding assets in his bankruptcy case.

Aaron Hymas, Walker's former partner in the defunct Crestwood Construction Inc., faces several lawsuits alleging fraud too.

In April, Justin and Jackie Walker and Aaron and Tiffany Hymas filed for Chapter 7 bankruptcy. That allows all properties and belongings - except those the families are allowed to keep by the court - to be liquidated to pay as many creditors as possible.

Both cases list many of the same 800-plus creditors and about $69 million in liabilities.

Three banks and a homebuyer asked the Bankruptcy Court in Boise last week to rule that certain debts should not be discharged in the bankruptcies because of "false pretenses, false representation and actual fraud."

And Jeremy Gugino, the bankruptcy trustee in Walkers' case, alleges the Walkers transferred $30,000 in cash, about 22 vehicles and other assets to limited liability companies in Nevada and a trust to hide them from creditors.

Here's a rundown of the complaints:

Bank of the West says the Walkers and the Hymases owe $1.33 million for construction loans, attorney fees and other costs related to a business loan and to lots on Montebello Drive in Boise, Bittercreek Avenue in Meridian and Sevenoaks Place in Eagle. The bank says Justin Walker and Aaron Hymas said construction on at least one house was moving forward and payments for contractors, subcontractors and themselves were valid, when they knew no construction had begun and the requests for funds were false.

U.S. Bank says the Walkers took $6,129 in cash advances against their line of credit from March to May 2008 when they knew they couldn't repay. The bank wants the money plus interest and attorney fees.

The bankruptcy trustee asked permission to seize some assets of the Walkers, including $30,000 they moved to a bank account, 22 vehicles they transferred to another company, and other money and property.

A California man bought a lot on Summerpark Place in Meridian from Walker and Hymas in December 2006 and contracted with them to build a 4,800-square-foot house for a total of $564,800. John E. Payne, of Anaheim, contends the men used his construction loan money for purposes unrelated to his house, and did not pay for labor and materials, forcing the unfinished house into foreclosure. Payne is asking for $166,000 plus interest, plus foreclosure and lawsuit fees.

Homeowers Jon and Mardee Wyman contend the Hymases received $60,000 in the purchase of property on Eagle's West River Trail Court by agreeing to repair flooring and paint walls. However, the Wymans claim that the Hymases did not make the repairs as promised and removed a computer desk and wide-screen television that were sold with the home. The Wymans are asking for $63,500 and court costs. In court documents filed in October, the Hymases denied the Wymans' allegations.

Even if these assets become available to pay off creditors, hundreds of subcontractors, including painters, house cleaners and suppliers of everything from trash service to building supplies, likely will have to absorb about $11 million in unsecured debt, bankruptcy experts say. Most of the money from properties that range in value from $11,600 to $1.6 million will go to banks, mortgage lenders and government taxes by law.

Sandra Forester: 377-6464

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