The business stories that matter, by Fortune's Colin Barr
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December 28, 2007, 1:06 pm

Novastar on the firing line

Michelle Leder makes a good point at footnoted.org about the disclosure disconnect at mortgage lender Novastar (NFI). The company issued a press release last week announcing that CEO Scott Hartman and finance chief Gregory Metz “will leave the company.” But two days later, in its SEC filing on the subject, Novastar said the two had been “terminated.”

The shift prompts Leder to wonder, “Why would NovaStar not just state the facts the first time around? I mean it’s not as if anyone would be surprised that a company might want to fire the folks who were running the show when the stock dropped through the floor.”

And indeed, disclosure shortfalls are far from the biggest problem at Novastar. The company’s business has collapsed along with the implosion of the subprime mortgage market. Novastar recently posted a third-quarter loss of $64.05 a share, which helps to explain why it has seen its shares drop to $3 and change recently from a reverse split-adjusted $107 apiece at this time last year.

As for the difference between leaving and being terminated, no one answered the phone Friday at Novastar. But note the last line of boilerplate in recent Novastar press releases: “This press release speaks only as of its date and we expressly disclaim any duty to update the information herein.” It seems like that’s not the only duty Novastar’s flacks are disclaiming.

Well then, terminated or resigned or retired with a golden parachute, it’s all for naught. Novastar just closed up shop and sent everyone packing. Another one bites the dust.

Posted By River, Fort Myers, FL : January 9, 2008 10:01 am

You can’t FIRE Scott. He is the original owners. He left on his own.

Posted By John, Kansas City , Kansas : January 4, 2008 12:33 pm

Are you an NFI employee yourself? Seem rather defensive for someone that lives in KC (Novastar Corporate Office location)…

Posted By Barry Thomson, Reno, NV : January 2, 2008 1:17 pm

You actually get paid to write this gibberish? Slow day at the office? Colin you really need to get a life. I guess a worth while article about a larger corp. was taken. Good luck with the small potatoes.

Posted By Robert Atwell, KC, KS : December 28, 2007 8:23 pm

Here the difference is voluntarily or involuntarily, with severance packages hanging in the balance.

Why isn’t anyone asking why they decided to terminate the deferred comp plan at this time. Seems silly to disburse millions to management given the financial position they’re in.

Posted By Joe Smith Southern, NJ : December 28, 2007 2:44 pm

Whether someone resigns voluntarily or is fired, HR departments still refer to them as “terminated”. I think you are wasting your time on this topic since you are reading too much into the term “terminated”.

Posted By Anonymous : December 28, 2007 2:05 pm
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Colin Barr covers business and finance for Fortune.com. Previously he was an editor at TheStreet.com and author of the weekly Five Dumbest Things on Wall Street column, and an editor at Dow Jones Newswires.
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