Homebuyers file class action in Florida federal court

By Truman Lewis of ConsumerAffairs

• Class action claims the nations largest homebuilder misled first-time buyers with artificially low monthly payment estimates.

• Lawsuit says D.R. Horton and its mortgage unit concealed true property tax costs, leading to payment shock.

• Plaintiffs seek damages under RICO, which could triple losses, and aim to stop the alleged predatory practices.

A group of first-time homebuyers has filed a class action lawsuit against D.R. Horton Inc. and its mortgage subsidiary, DHI Mortgage Co., alleging the companies engaged in a deceptive sales and lending scheme that left families with unexpectedly high monthly payments. The suit was filed October 1 in the U.S. District Court for the Middle District of Florida.

The plaintiffs are represented by Varnell & Warwick, Clarkson Law Firm, and the National Consumer Law Center. They accuse D.R. Horton, the nations largest homebuilder, of orchestrating a Monthly Payment Suppression Scheme that low-balled costs in order to lure buyers into larger mortgages.

Allegations of bait-and-switch tactics

According to the lawsuit, sales representatives promised affordable monthly payments while omitting most property tax obligations from the calculations. That omission kept projected payments low enough to persuade buyers to commit. But once loans were sold to new mortgage servicers, many homeowners were stunned to find their actual costs hundreds of dollars higher each month.

D.R. Horton and DHI Mortgage preyed on peoples faith in the American Dream of homeownership to lure them into unaffordable, deceptive deals, said Jennifer Wagner, senior attorney with the National Consumer Law Center.

Example of payment shock

One plaintiff, Frankie Santiago, was told his monthly payment would be $2,164.68 for a Lake County, Florida home. Less than a year later, an escrow analysis added the full property tax bill and back taxes. His payment jumped nearly $1,000 to $3,136.33.

The lawsuit claims the home builder and its mortgage company were working together from the initial sales pitch to closing, presenting artificially low monthly payments that set buyers up for payment shock, said Jeffrey Newsome of Varnell & Warwick.

Potential damages under RICO

The case also invokes the federal Racketeer Influenced and Corrupt Organizations Act (RICO), which allows victims to seek triple damages. If successful, homeowners nationwide who were affected could recover significant sums.

Our goal is to recover damages for people whove been cheated and prevent future homeowners from being drawn into this predatory scheme, said Kristen Simplicio, a partner at Clarkson Law Firm.

Researchers urge consumers to look closely at what type of vitamin D theyre taking

• Vitamin D supplements come in two main types: D2 and D3, and a new meta-analysis finds that taking D2 often lowers blood levels of D3.

• The researchers pooled data from randomized controlled trials and used statistical models to compare D2 supplementation against control conditions.

• On average, D2 supplementation was associated with drops in serum 25-hydroxyvitamin D3 of 9 to 18 nmol/L compared to controls.

Many people take vitamin D supplements especially in winter months or in regions with limited sun to support bone health, immune function, and overall well-being.

However, not all vitamin D is created equal. There are two commonly used forms in supplements: vitamin D2 (ergocalciferol), which is often plant-derived, and vitamin D3 (cholecalciferol), which more closely resembles the form our bodies make when exposed to sunlight.

A new study conducted by researchers from the University of Surrey challenges a long-standing assumption: that you can interchangeably take D2 or D3 and expect the same result. The authors report that supplementing with D2 may actually reduce the levels of D3 in your blood a finding with practical implications for how we choose vitamin D products.

Vitamin D supplements are important, especially between October and March, when our bodies cannot make vitamin D from sunlight in the U.K., researcher Emily Brown, Ph.D. said in a news release.

However, we discovered that vitamin D2 supplements can actually decrease levels of vitamin D3 in the body, which is a previously unknown effect of taking these supplements. This study suggests that subject to personal considerations, vitamin D3 supplements may be more beneficial for most individuals over vitamin D2.

The study

The authors searched for well-designed trials that compared D2 supplementation with control conditions and gathered their data. The trials had to report values for serum 25-hydroxyvitamin D3 (abbreviated 25(OH)D3) either before and after treatment or as changes across the trial.

They used random-effects models (a method in meta-analysis that assumes variation among studies) to calculate weighted mean differences comparing those taking D2 versus those not taking it (control).

The results

The results were consistent and somewhat surprising: D2 supplementation was linked to a drop in D3 levels. Specifically:

• In the end-of-trial comparisons, the D2 groups had, on average, 17.99 nmol/L lower D3 compared to controls, which was statistically highly significant.

• For absolute change (how much each persons D3 shifted over time), D2 supplementation corresponded to an average drop of 9.25 nmol/L.
  

In many of the included trials, the D3 levels in participants taking D2 dropped below those in the non-supplemented control groups.

The authors suggest that this effect might stem from an inverse relationship between D2 and D3 concentrations: perhaps taking D2 accelerates the breakdown or clearance of D3 in the body.

The team is careful to note that these findings dont prove harm, and they call for further research to see whether D2 and D3 have fundamentally different effects on total vitamin D metabolism and whether one type should be preferred.

Tips on Choosing a Vitamin D Supplement

If you take a daily vitamin D supplement, this research might have you rethinking whats in your bottle. Here are a few simple takeaways to help you make an informed choice:

• Check the label for D3 (cholecalciferol). Both D2 and D3 can raise overall vitamin D levels, but this study suggests that D3 may be more effective at maintaining healthy blood concentrations. Look for vitamin D3 or cholecalciferol on the ingredient list.

• Know where your vitamin D comes from. Vitamin D2 is typically plant-based (often made from mushrooms or yeast), while D3 is usually derived from animal sources like lanolin. If you follow a vegan diet, there are now plant-based D3 options made from algae that can offer a good middle ground.

• Dont overdo it. More isnt necessarily better. The right dose depends on your age, diet, and how much sun exposure you get. Most adults need between 600 and 800 IU daily, but some may require more under medical supervision.

• Ask your health care provider about testing. A simple blood test can show whether your vitamin D levels are low or within the healthy range. That information can help you decide whether supplementation and which form makes sense for you.

• Consistency matters. Vitamin D is fat-soluble, so its best absorbed when taken with a meal that contains healthy fats (like avocado, olive oil, or nuts).

USDA issues health alert after spinach in certain ready-to-eat dishes tests positive for bacteria

• The USDAs FSIS has issued a public health alert for certain ready-to-eat meals containing spinach that may be contaminated with Listeria bacteria.

• Affected products include two HelloFresh meals (Cheesy Pulled Pork Pepper Pasta and Unstuffed Peppers with Ground Turkey), shipped directly to customers.

• No illnesses have been confirmed so far, but vulnerable groups should watch for symptoms and contact a doctor if concerned.

When you reach for a ready-made meal, safety is something you shouldnt have to worry about.

Whats going on?

FreshRealm, a company that produces ready-made meals under the HelloFresh banner, notified FSIS that tests of the spinach used in some of its meals came back positive for Listeria. The alert covers:

• HelloFresh Ready Made Meals Cheesy Pulled Pork Pepper Pasta (10.1 oz) establishment numbers Est. 47718 (lot 49107) or Est. 2937 (lot 48840) (

• HelloFresh Ready Made Meals Unstuffed Peppers with Ground Turkey (10 oz) establishment P-47718, lot codes 50069, 50073, or 50698

These meals were shipped directly to consumers, so even if you dont see them in grocery stores, they could still be in your fridge or freezer.

Should you throw them out?

Yes. If you have those meals at home, dont eat them.

The FSIS advises throwing them away or returning them to the place of purchase. Although there have been no confirmed cases of illness tied to these meals yet, caution is warranted.

Why worry about Listeria?

In healthy people, Listeria can cause fever, muscle aches, headache, stiff neck, confusion, or gastrointestinal symptoms.

But for pregnant women, newborns, older adults, and people with weakened immune systems, the risks are much more serious it can lead to miscarriage, stillbirth, or life-threatening infections.

The FSIS advises that if anyone in these groups eats the product and then feels flu-like symptoms within two months, they should seek medical care and mention the possible exposure.

What you can do right now:

1. Check whats in your fridge or freezer see if you have either of the two meals identified above.

2. Dispose or return them dont eat them.

3. Watch for symptoms, especially if youre at higher risk and consult a health care provider if something doesnt feel right.

4. Reach out for help or clarity FreshRealm has a customer service hotline (1-888-244-1562) and you can contact the USDAs Meat & Poultry Hotline too.

Here are the areas where lemon homes are most prevalent

By Mark Huffman of ConsumerAffairs

Erie, Pa., ranks as the riskiest metro for lemon homes, with 83% of properties facing window problems and 77% showing foundation issues

ClevelandElyria, Ohio and Binghamton, N.Y., follow closely behind, both reporting widespread structural and water damage

Harsh winters and aging homes make the Rust Belt a hotspot for hidden housing defects

Youre probably familiar with the concept of a lemon vehicle a car or truck that has one defect after another.

A new analysis from MovingPlace, using proprietary data from PGM, identifies the U.S. metros where buyers are most likely to end up with a lemon home a property plagued with hidden defects such as foundation cracks, water intrusion, and plumbing failures.

The study examined home condition data for 90% of U.S. homes across 200 metro areas, creating a Lemon Home Score to rank which regions pose the highest risk for new homeowners.

Erie, Pa., earned the highest Lemon Home Score in the nation at 87 out of 100, making it the riskiest place to buy a home. The analysis found 83% of homes have window issues, 77% show foundation problems, and 84% have water intrusion. Over half of homes also need roof repairs.

Contractors point to the citys harsh winters and older housing stock as key factors. Repeated freeze-thaw cycles can cause structural damage, while moisture buildup leads to long-term problems like mold and rot.

ClevelandElyria, Ohio, isnt far behind

With a score of 83, ClevelandElyria ranks second. The metro area has the highest rate of foundation problems in the country affecting 83% of homes along with widespread plumbing (79%) and window issues (88%). The citys older neighborhoods and exposure to heavy winter storms make it especially vulnerable to hidden home defects.

Binghamton, N.Y., takes third. In Binghamton, the combination of plumbing failures (85%) and roof issues (59%) gives the metro an overall score of 82. The area experiences some of the countrys highest rates of roof problems, driven by snow accumulation and persistent moisture.

A Rust Belt pattern emerges

The data show a clear trend: the nations worst lemon homes are concentrated in the Rust Belt spanning Ohio, Pennsylvania, Indiana, Michigan, and upstate New York. These metros share a common mix of aging housing stock, cold winters, and moisture exposure, all of which increase the likelihood of structural damage over time.

Here are the top 10 metros most likely to contain lemon homes:

Plumbing and water damage

Across all metros, plumbing problems are the most common issue, followed by window failures and water intrusion. These problems are particularly difficult for buyers to spot before purchase and can quickly lead to thousands of dollars in repairs.

Older homes built during the industrial era are especially at risk, MovingPlace researchers noted. Many of these properties have outdated materials and insulation that simply werent designed for the kinds of weather patterns we see today.

What homeowners should know

For buyers in high-risk metros, thorough inspections are essential. Experts recommend investing in comprehensive home assessments that check foundations, roofs, and moisture levels, not just visible cosmetic issues.

If you already own a home in one of these areas, early maintenance such as sealing cracks, replacing old plumbing, and improving insulation can help prevent more costly repairs later.