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Since September 1, 2007, in CASE #07-2625-JL filed in the Federal District Court in Northern California, all named defendants including Donald Tomnitz, Donald Horton and D R Horton Inc. have filed motions to dismiss a complaint based in various FEDERALLY based financial frauds for procedural reasons including the expiration of the statute of limitations. Their reply papers were due September 5, 2007, but then they wouldn't waive a magistrate judge's adjudication. They delayed the inevitable once more and for the third year. The hundreds of consumers already found and the hundreds more currently contacting the webmaster will not get their day in court if D R Horton and the criminal Board have their way. Even if the Court decides that the hundreds of recounted stories and tens of millions in fraudulent losses are not sufficiently compelling for the case to continue, these sites will nevertheless remain in operation and will continue to prevent upwards of $3M in net sales weekly. Shareholders beware, this year alone, $150 Million dollars of fraudulent sales will absolutely be prevented. D R Horton will not meet its sales targets for the next four quarters. On other fronts: I have contacted class action attorneys across the nation regarding the following: On June 6, 2007, a class action was filed in Federal Court in the Eastern District of Pennsylvania for Predatory lending and RESPA violations against developer Hovnanian Enterprises. Hovnanian tyed its mortgage affiliated business to its home building operations. The difference between Hovnanian and D R Horton though, is that Horton has approximately ten times the number of violations as its much smaller competitor. With over 300 defrauded consumers already in my database, this one is ready to go. See the Hovnanian complaint at www.respanews.com/Media/PublicationsArticle/khovnanianrespacase.pdf On June 15, 2007 a Federal action seeking class action status was filed in Georgia's Southern District Court. The case alleges RESPA violations and the illegal required use of DHI Mortgage in order to get discounts and incentives. Case #07-CV00081 On March 29, 2007 a Federal class derivative action was filed by shareholders against Beazer Homes Inc. for issuing false and misleading statements and failure to disclose adverse facts. The suit alleges that Beazer did not have required internal controls over its lending practices and that because of alleged improper lending practices prior to and before the class period, it led to foreclosures and other problems. Both the CEO and the CFO are named as defendants. [Kratz v. Beazer Homes Inc. CV 00725-CC]. These class action attorneys have already been tipped off to the much larger and lucrative D R Horton debacle. The SEC has already received a certified carbon copy of my third demand on D R Horton's Board to assert the corporation's rights. Copies of the certified letters have been posted at sister site drhortonfraud.com on the 'news articles' page. ANY FAILURE TO PREVENT PREDATORY LENDING BY THE BOARD, Tomnitz or Horton has been actionable since at least early May 2006. THEIR UNABATED PATTERN OF COMMITTING FEDERAL CRIMES will result in my continuing to tip off antitrust-securities law firms of additional mega million dollar lawsuits and will likely have a major detrimental affect on DHI stock value. More locally at the state level, class action participants are being referred to outside attorneys in Nevada and California. Other states will follow as the other nationwide consumers are notified in turn. Its dangerous doing business with D R Horton........ D R Horton, DHI Mortgage, Annie Schankin, Michael Mason Daniel Callihan and Does 1-20 were sued in San Francisco Superior Court for personal injury and fraud. I received notification (a certified, restricted delivery "NOTICE" which was "CRITICAL" and required a "timely response") that I was about to forfeit my deposits and lose my home, a conservative $70,000 loss. They tried to cancel my contract and take my money because I didnt want to use their very expensive inside lender. Within three hours, my congenital kidney condition was aggravated which required 5 subsequent days of Vicodin to barely quell the pain- the first day intravenously under observation in the hospital. Had my condition been heart related, I WOULD LIKELY BE DEAD. Following extensive national discovery of over 200 other defrauded consumers, the complaints have been refiled in a more appropriate forum, The Federal Ninth Circuit District Court, case #C 07 2625.

Additional court filings included a California cause of action for FRAUD, FRAUDULENT INDUCEMENT, MISREPRESENTATION....... naming as defendants: Anne Schankin, Michael Mason, Daniel Callihan, James Frasure, Donald Horton, Donald Tomnitz, DHI Mortgage, D R Horton, DHI Title, and a variety of other corporations and LLP's.  San Francisco Superior Court, on the web, case # CGC 06-457207.  This case was instead refiled in the more appropriate Federal court. Official court documents are also available for viewing at drhortonfraud.com and accessible via link from this site's home page.

Investigations into court documents filed throughout the nation have yielded predictable results.  It seems that when there is a righteous and honest vocal consumer, Horton slaps them with a court injuction/permanent injuction/gag order to prevent disemination of information well known only to Horton home buyers.  Horton can build defective homes across the country, not repair warrantable items, and steal consumers' money through Horton affiliated financial services and then add insult to injury by shutting down our Constitutionally guaranteed rights of speech and access to the courts.  Horton makes pursuit of legitimate claims in court impossible for the above average consumer.  You live in Iraq.  The only difference is that you probably wont be shot through sectarian violence.

By the way, I have been threatened with libel and slander suits and the imposition of related gag orders.  The only reason that the four legal teams have not gone to court to request one is that EVERYTHING POSTED ON THIS WEB SITE IS 100% ACCURATE AND CAN BE VERIFIED BY COURT, GOVERNMENT, AND HORTON's OWN DOCUMENTS.  For example, Horton has admitted to anticompetitive conduct in it's very own "Annual Report to Shareholders" citing their 94% 'captive' business percentage of mortgages written for their home building operations. In the 3rd. quarter of 2007, Tomnitz proudly boasted that the 'captive capture' rate increased to 95%. It has been federal law for over 50 years that a 70% market share is already presumed to be anti competitive and a federal antitrust violation.  25 OUT OF EVERY 100 DHI LOAN PACKAGES ARE PRESUMED TO BE ILLEGAL BY THE SUPREME COURT. How does Horton achieve such a high rate?  -Through a wide variety of illegal means....read more under the tab "predatory lending" at this web site or other linked sites such as the 300 consumer testimonial drhortonsucks.info.

Just an example of a consumer’s rights, your chances in the courtroom, and D R Horton tactics, generally:

I filed a court request for sanctions against D R Horton and their 4 teams of attorneys for the following unethical and fraudulent behavior:

1. Joel Odou of Wood Smith Henning and Berman claimed non receipt of 3 certified mailings #700511600001 4704-9513,9506, and 4701-8151.  The USPS said that he got them. Check for yourselves at usps.com.

2. Leonard Marquez and Gillian Ross of Wendell Rosen Black and Dean claimed to have tried in good faith to contact me for meeting and conferring before filing a court action……..when I was away on vacation. They had my cellular number, did not call, and had their hearing without me the day before my return. My four witnesses heard my land line’s outgoing message and knew that I was away, but for some reason the attorneys didn’t quite get the same impression.

3. D R Horton received 12 letters regarding DHI Mortgage fraud and Federal predatory lending in February and March of 2004. The FTC, DOJ, HUD, SEC, State agencies… also received carbon copies. D R Horton’s very own Chief CorporateCounsel and VP David Morice was sent a certified return receipt notification #70041160000710506352 of the major national fraud regarding DHI Mortgage in March of 2005, and yet I found dozens of defrauded DHI Mortgage consumers in 2006.…………who were defrauded in 2006.  And yes, the USPS said that he got it.  Check for yourselves at usps.com.  The fraud is ongoing and unchecked. Most recent discovery has found over 20 additional defrauded consumers who closed on homes as recently as early 2007.

4. Two of the four legal teams weren’t on the same page and contradicted each other on the primary issue of fraud in registered court documents and official documents submitted to government.

5. Title 18 of the United States Code, Section 1513 states that “whoever knowingly, with the intent to retaliate, takes any action harmful to any person, including interference with the lawful employment or livelihood of any person, for providing to a law enforcement officer any truthful information relating to the commission of any Federal offense, shall be fined under this title or imprisoned not more than ten years or both.” D R Horton’s Nevada based attorney David Jennings filed two complaints in June of 2006 with the Nevada Engineer’s Board and Contractors’ Board claiming that I was operating my business illegally. I am licensed in Nevada as a consultant for construction defects litigation #2005300638. Jennings also stated in a separate letter that he may have to file with the Nevada Sate Bar which “may result in disciplinary proceedings against me in other jurisdictions and could affect the status of my bar license in those other jurisdictions.” I am licensed to practice law in California #219614.   California attorney Marquez filed a grievance with the California Bar stating that I was unethically informing governmental entities to obtain an advantage in my civil case.  Apparantly, Horton should be allowed to rip off as many consumers as it sees fit for as much and as long as it deems necessary.

6. Defendant Horton, and it's various counsels took the following positions: "The statements contained in Mr. Odou's letter to the Nevada Division of Mortgage Lending were not made under oath...,"  "no sanctions can be imposed under a motion filed before the expiration of the 21 day safe harbor period, no matter how improper the conduct sought to be sanctioned," and "sanctions cannot be imposed in situations where it is not possible to withdraw or correct the offending pleading."  What does your common sense tell you what happened?  View this at the San Francisco Superior Court web site, case #05-447499, Opposition to Sanction Sept.13, 2006.

7. I did not prevail in the California state courtroom. Apparently the United States Postal Service is wrong, my four witnesses have voices in their heads, the hundreds of defrauded consumers claiming predatory lending nationwide are making things up, and being approved for a loan is equivalent to a not being approved for a loan.  The ruling is that since Horton is incorporated in Delaware, headquartered in Texas and doing business in Nevada that it cant be sued in California.  This notwithstanding the fact that I and dozens or even hundreds or thousands of other Californians have been defrauded.

8. As for retaliation and interference with my businesses, stay tuned, the Federal Court filings are forthcoming.
The following link is a blog which will be consumer accessible mid June to post comments regarding D R Horton predatory lending, fraud, misrepresentations, construction defects and breach of warranty. drhortonsuck.info Keep your comments to truthful recounts and you will be fully protected under both state and federal laws. Please also do your best to keep it clean and not abase yourselves to D R Horton's level. Should the blog not be set up to receive information, forward your message to my email account at missudpat@yahoo.com and I will post it for you.