Posted on 06/01/2010 9:07:42 PM PDT by Dr. Marten
Michael Clauer is a captain in the Army Reserve who commanded over 100 soldiers in Iraq. But while he was fighting for his country, a different kind of battle was brewing on the home front. Last September, Michael returned to Frisco, Texas, to find that his homeowners' association had foreclosed on his $300,000 house—and sold it for $3,500. This story illustrates the type of legal quagmire that can get out of hand while soldiers are serving abroad and their families are dealing with the stress of their deployment. And fixing the mess isn't easy.
(Excerpt) Read more at motherjones.com ...
They did not indicate he could have "short circuited" any attempt to foreclose by sending documents before deployment. If the military is as I remember it they make you sit in a room and tell you to fill out the paperwork.
I do wonder how she is so certain no one fronm the HOA tried to contact her personally when she refused to answer the door.
The multitudes of folks like me that happily enjoy the protections and amenities which HOAs afford never write in.
Congress is a "board" run by nutcases, also.
Life never promises a rose garden.
Leni
Yes, this is correct. We have deployment workshops where service members are instructed to bring with them a list of all of their creditors, to include HOA, which is not at all uncommon when dealing with our reserve components facing activation. Then, with the help of JAGs, letters are prepared that include the relevant federal laws and the member's deployment orders. This would have been the warning shot across the bow of the HOA association, and DOJ has an office in their civil division that does nothing but sue creditors who violate the SSCRA. The penalties associated with such violations can be staggering, although it virtually never goes that far because the DOJ and the Service Branch puts the fear of the fedgov into these (sometimes) unscrupulous lenders.
Now, it's possible that he had someone who was incompetent leading that workshop. That's probably not likely, as I'm sure he was in what was dozens of workshops prepared by command legal staff.
This adds a lot of very relevant information to what appeared to be a reasonably balanced article. Now, at least to me, it looks to be an article designed to be another reason for their readership to despise the military and the war.
Thanks for the intel, BTW.
(I do), (I do), and (I do). THEY are the ones who DON’T. They sit there like potted plants and stare at you. The property manager is an abject liar. I’ve sued them twice and won both times, total=$72,000.
I will keep suing until they either get the message or the other members get tired of the association being sued and elect new management.
What did you sue about?
BS. HOAs are as tyrannical as the government.
Pay your taxes and bad things don’t happen.......or do they? Have you checked the White House lately?
you’re kidding, right? what part of a PAID FOR 300k house was sold for $3500 over an $800 DEBT do you not get? I don’t give a flip how many times they tried to reach the wife.
I wanted to figure out why the HOA would move ahead, since most board members I know do everything they can to avoid foreclosing on someone (unless there is a specific reason to move ahead). Also, it wouldn't make sense for the HOA attorney to move ahead and face such a huge risk.
I googled our Marine and got an address in Frisco. When I pulled up the tax appraiser's information, at the bottom it shows the deed history. Presuming this is the correct listing, the deed history does not show his or his wife's name. I believe the article said the home was a gift from her parents. It looks like they never changed the deed over, so it would technically still have been the parents' home.
If that is the case, then the affidavit the attorney filed would be correct (presuming the parents weren't active military, as well) and it would not matter if he was serving. He was a tenant, not the owner.
I'll be the first to admit - I am not an attorney. What am I missing here?
Don't get me wrong, this story is heart-breaking. If you look at my post history, you will see I am a vehement supporter of the military. I'm trying to catch what wasn't done correctly (if anything).
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