FAQs Pertaining to White vs. Westhaven Group
FREQUENTLY ASKED QUESTIONS
Q. What happened to Westhaven?
A. Westhaven has been sued by the Ohio Department of Commerce. Upon the consent of the parties in the lawsuit, the Court appointed Gerry R. Kowalski, Esq. as the Receiver of Westhaven and its related entities.
Q. What is a Receiver?
A. In this instance, the Receiver is a person appointed by the Court to run the day to day operations of Westhaven, collect owed rents, and liquidate assets for the benefit of its investors.
Q. What is the timeframe for the Receivership?
A. We are very early in the process of the receivership and cannot provide a timeframe until we have a better understanding of the business and its assets. We know this is a difficult time for you and hope that you understand that this is a lengthy process (i.e. months, or years depending on the circumstances).
Q. I make monthly payments to Westhaven, should I continue to do so?
A. Absolutely. If you have a land contract, or other agreement with Westhaven, you will be in danger of breaching that agreement should you discontinue making your payments. You should make all your payments in the same manner as you normally would –which includes sending them to the same address. The fact that a Receiver has been appointed does not change the contract or your obligation in any way.
Q. Does the appointment of the Receiver change my contract with Westhaven?
A. The Receiver steps into the shoes of Westhaven, but has no more power to run the business than Westhaven originally did without Court authority. Therefore, if you have a land contract, so long as you are making your payments, there is no reason for the Receiver to change the contractual relationship you have with Westhaven.
Q. I made investments with Westhaven. Is my investment safe?
A. There is a chance that investors could lose some or all of their investments. Please see the Receiver’s Report and Recommendation filed on April 14, 2006 for an explanation of the assets in the Receivership.
Q. Should I talk to the Receiver? How do I contact him?
A. The Receiver’s mailing address is: Receiver Gerald R. Kowalski at Cooper & Walinski, LPA, 900 Adams St., Toledo, Ohio 43624. Please understand that there are hundreds of investors, it is not possible for the Receiver to personally talk to each individual. If you would like to leave a message for the Receiver, please call 419-724-3323. If you would like to email the Receiver please send it to WHReceiver@cooperwalinski.com. Please be sure to leave your name, number, and other pertinent information. The Receiver’s office will do its best to return your call within a reasonable time. Please also continue to view this website for updates on the receivership.
Q. Does the Receiver know who I am?
A. The Receiver is in possession of Westhaven’s records and we believe we are aware of most, if not all, of the investors. However, mistakes can be made in record keeping. If you are concerned, please leave a message with the Receiver. We also recommend that you keep all of your investment records in a safe place in the event that they are needed later.
Q. Should I request my money back?
A. The Court appointed the Receiver to return investor money, if possible. Therefore, there is no need to ask the Receiver for your money.
Q. What is the Receiver doing for me right now?
A. The Receiver has taken control of Westhaven and its assets. The Receiver is in the process of assessing the operations, value and the extent of debt on those assets.
Q. How frequently will investors be hearing from the Receiver?
A. The Receiver will periodically communicate with investors through this website, letters and the telephone hotline. We will be expanding the amount of information on this website over time.
Q. What’s the difference between secured and unsecured? Does one have a better chance of having money returned?
A. Unfortunately, the Receiver cannot provide legal advice. You should consult with an attorney concerning these questions. But, it is much too early in the Receivership process to determine the priority of any individual investor.
Q. Should I hire a lawyer?
A. The Receiver cannot give you legal advice, but you may want to retain a lawyer to determine what your rights are. Because of the Receiver’s limited role, there are many questions that the Receiver cannot answer such as specific legal issues concerning mortgages, IRAs, and securities.
Q. I'm buying a home from Westhaven, on land contract, is my investment safe?
A. The Receiver intends to, and has every reason to believe, that he will be able to fully complete each land contract.
Q. Who should I send my rent or land contract payment to?
A. All payments will continue to be sent to the Westhaven Group. Any questions you may have regarding your property may be directed to Westhaven at 419-471-9940.
Q. Will Westhaven report my payments to the credit bureau?
A. Yes, Westhaven reports to credit bureaus on a monthly basis. Prompt payment will help cure whatever credit problems you may have.
Q. I don’t agree with the Receiver’s Report and Recommendation. How can I make my views known?
A. You must file a written objection with the Court. All written objections must be received by May 15, 2006. Send your objections to the Receiver, Gerald R. Kowalski at Cooper & Walinski, 900 Adams St., Toledo, Ohio 43624 AND A COPY to the Clerk of Courts at Lucas County Courthouse, 700 Adams Street, Toledo, Ohio 43624. You must put the following caption on your written objection: “Bruce Winkler vs. Westhaven Group, et al., Consolidated Case No. CI-02005-06854”. A form that you can use for your objection can be found here.
Q. What is this upcoming hearing?
A. The Court has ordered a hearing to be held on June 2, 2006 beginning at 9:00 a.m. The hearing will be an opportunity for creditors, investors, and other interested parties to present their views on the Receiver’s Report and Recommendation to distribute the assets of the Receivership. Creditors, investors, and other interested parties are not required to attend the hearing.
Q. Where is this hearing at?
