Fate of Homsi’s lakefront home in hands of the judge

Richard Homsi's 10-year dispute with the Governor's Island Club isn't over yet.

After a hearing Friday, Superior Court Judge Elizabeth Leonard is deciding whether to allow the GIC to take possession of Hosmi's lakefront residence to satisfy a court judgment.

The GIC, the legal entity that functions as a homeowners’ association for property on the island in Gilford and property along Summit Avenue in Laconia, was authorized by a court ruling in March to seek a court order to seize Homsi’s residence at 84 Summit Ave. if he failed to pay more than $130,000 in fines and fees.

GIC attorney Paul Fitzgerald told the court that based on the communications he had with Homsi in the weeks immediately following the ruling, he had hopes that Homsi would pay the court-ordered judgment, which included legal fees accrued by the GIC. That, however, did not occur, he said.

He added that the GIC had asked the court for an order back in 2016, but that request was denied by then-Superior Court Judge James D. O’Neill III “for the present.” Instead O’Neill ordered Homsi to pay what he owed in monthly installments. But with the matter still unresolved six years later, O’Neill issued a ruling  March 29 which in part allowed the GIC to seek a court order to satisfy the judgment.

On Friday, Homsi, who is acting as his own attorney, said he could pay $115,000 with money that he was planning to borrow from two friends and a family member. When the judge asked Homsi why he did not just borrow against the equity he has in his Summit Avenue real estate in order to satisfy the court judgment, he said that he would not qualify for a bank loan.

Fitzgerald noted that Homsi’s property includes more than 230 feet of waterfront on Lake Winnipesaukee, and said it was worth “millions of dollars.”

Homsi disagreed, and told the judge the assessment on the property was around $1.3 million.

Homsi said the GIC should not be allowed to take possession of the house, arguing it was his primary residence. But Fitzgerald countered that state law does not exempt primary residences from the judicial process and that there is sufficient equity in the property to pay what the court has ordered him to pay the GIC, court fines and prior liens.

Homsi said that some years ago he twice agreed to settle the matter in mediation, but that the GIC had then backed out of the agreements.

Fitzgerald disputed Homsi’s version of events. The first settlement offer was tentative and subject to approval by the GIC board, which did subsequently reject it. The second mediation session ended when Homsi walked out, Fitzgerald said.

Homsi said that he should not be made to pay for any legal fees the GIC incurred after the mediation sessions.

“They are not entitled to legal fees. They generated this expense,” Homsi told the judge. “It’s ridiculous for the club to force someone out on the street to satisfy the payment of fees that they’ve run up.”

Homsi said he would be willing to pay $1,000 a month to satisfy the judgment provided the court also dismissed any legal fees levied against him after the mediation sessions.

During the hearing Fitzgerald noted he had filed a memorandum with the court summarizing the case.

In the memo, Fitzgerald said the 10-year-old suit was brought after Homsi failed to comply with GIC decisions regarding his plans to build a garage on his property.

Instead of abiding by the GIC’s decision in that matter, “He instead has embarked upon a misguided legal crusade, the object of which was to frustrate the club at every turn and attempt to use litigation tactics designed to exhaust the plaintiff’s willingness to see this matter to an appropriate conclusion. He has been treated with respect, deference and leniency by the court on many, many occasions and has returned that treatment with disrespect and disdain,” Fitzgerald wrote.

Leonard gave no indication when she would issue a ruling.