|By Ken Dey, The Idaho Statesman,
BoiseMcClatchy-Tribune Regional News
Jan. 25, 2008 - A California couple has sued Tamarack Resort alleging the resort asked the couple to sign a fraudulent mortgage document.
Deane and Nena Haskins of San Diego sued in U.S. District Court in Boise on Jan. 17 alleging that the resort failed to return the couple's earnest money after they decided not to buy two townhomes in 2005 to use as rentals.
The lawsuit alleges that Tamarack's lender asked the couple to sign a "second home" rider to qualify for a mortgage that would pay 90 percent of the cost of the two homes. The document said the couple couldn't rent the homes or they would be in default of the mortgage.
After discovering the rider, they contacted Tamarack CEO Jean-Pierre Boespflug repeatedly to express their concerns and ask for a refund of the earnest money.
"Tamarack, an experienced developer, knew that it could not provide a conventional lender that would offer plaintiffs 90 percent financing for investment property and that such financing could only be obtained if plaintiffs falsely signed a second home rider," the lawsuit said.
Amerititle in Boise, which held the couple's earnest money before returning it to Tamarack, is also named in the lawsuit. The lawsuit asks for damages that would be proved at a jury trial but says they would exceed $75,000.
The lawsuit also alleges that Tamarack may have defrauded other buyers who put their homes into the resort's rental pool after unknowingly signing "false second home riders."
Officials at Tamarack declined to comment. Amerititle didn't return calls for comment.
The Haskinses also declined to comment.
The lawsuit claims that on two occasions Boespflug said the terms of the loan allowed the couple to rent the properties.
The couple allege that Boespflug knew the loan documents were "patently false," but he urged them to sign in an Aug. 4, 2005, letter.
"Since you may at some point be using one or both of your townhomes for personal, family or friend use, you qualify for second-home financing, and the standard second-home rider covers your situation, and the lender will not declare your loan to be in default," Boespflug wrote.
The letter concluded that if the Haskinses didn't sign the loan documents, they would default on the sales agreement and Tamarack would keep the earnest money.
The couple said they continued to ask for the money back but were informed on Aug. 15, 2005 that Tamarack asked Amerititle, which was holding the money, to deliver it to Tamarack.
Ken Dey: 672-6757
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