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PATON: Hardly business as usual in deal with a builder in bankruptcy

Published February 11, 2009 at 12:05 a.m.

Plenty of consumers will be able to relate to Carolyn Baker as a weak economy drives increasing numbers of Colorado businesses into bankruptcy court.

Baker's story begins in February 2008, when she signed a contract to buy a $330,000 townhome in Castle Pines North. With the agreement in hand, she sold her larger house in the same neighborhood, seeking to downsize after losing her job in late 2007.

Baker had hoped to move into the Village Homes property in July. Then October. When she talked to the Rocky in early December she said that she desperately wanted to spend Christmas with her family in the new digs. But the townhome wasn't finished.

A year after signing on the dotted line, Baker, 62, is still waiting to move in. She has stayed with her son and his girlfriend in his apartment and has bounced around house-sitting for friends.

Builder Village Homes filed for Chapter 11 bankruptcy in November, blaming the weak housing market and the credit crunch. She said the company is still unable to put the finishing touches on the home, preventing her from moving in. If she walks away, she would likely lose the $18,000 of deposit money and upgrades.

"I am naturally a positive, upbeat person and have remained so throughout this process," she wrote in a letter included in the file. "However, my optimism is waning with no end in sight."

While bankrupt companies say it's "business as usual," some customers find it's anything but.

Baker, who used to work at a commercial real estate firm, said Tuesday she has run out of patience. "Lame excuses," she said of the company's explanations.

Now Baker said she has been told she may be able to move in by the end of March.

Village Homes has been unable to get financing to pay contractors to complete homes under construction or to resolve a dispute with lenders over how to distribute proceeds from closings, said the company's Matt Osborn.

"We're continuing to push the banks to get these homes closed," he said. "It's a daily effort to try to move that element forward. We're doing everything we can."

Osborn said 30 homes are in limbo, half of which are ready to go.

Asked about the likelihood of a Chapter 7 liquidation, he said: "It's always a possibility, but certainly we feel we're moving forward on our plan of reorganization and don't see that as a route we'll need to go down."

James Paton and David Milstead take turns writing Up and Down 17th Street.

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