Posted on 08/19/2010 12:42:05 PM PDT by Tazzo
Capt. Mike Clauer was serving in Iraq last year as company commander of an Army National Guard unit assigned to escort convoys. It was exceedingly dangerous work — explosive devices buried in the road were a constant threat to the lives of Clauer and his men.
He was halfway through his deployment when he got a bolt from the blue — a frantic phone call from his wife, May, back in Texas.
"She was bawling on the phone and was telling me that the HOA [homeowners association] had foreclosed on our house, and it was sold,"
(Excerpt) Read more at npr.org ...
You have to be careful. Many developments focused on elderly people are CONDOS, not HOAs.
If they were Moose Limbs or a minority it wouldn't have happened...guaranteed. Two months late? Pshhhaw. This is so wrong, it makes you want to spit...or a word that rhmes with spit.
I'd also like to know who the "lucky buyer" is and how he's related to this POS at the HOA.
I have to admit, the law in TX seems unreasonable in the extreme. We live in an HOA in FL (not a lot of choice, in order to live in a decent neighborhood, you live in an HOA). There are a lot of things I don’t like about it, but I do admit, it’s nice that all the yardwork is done and we don’t pay to water the lawn.
I kind of sounds like the HOA these people lived in are running a bit of a scam. I wonder who exactly profited from the sale of their house? Might behoove them to find out and publish that information. It’s certainly public record.
I didn’t notice which state this was in, but here in Commie CAlifornia, we cannot go after a family’s home until they are $1,800 behind in their dues!! That’s state law. By then, most homeowners cannot catch up.
This article says his $300,000 house was sodl on the courthouse steps for $3500?
Do they have Right of Redemption?
didn’t they file an affidavit indicating the person is in the military?
Stay away from the HOA.
Still, I hope the Captain wins his fight.
there is some sort of active duty military rule.
HOAs can foreclose but there is gernerally no money in it because the bank has the mortage. Even in a foreclosure the HOA is lucky if they can get 6 months back assessments. A better option is evicting the owners (only those deadbeats who refuse to pay assessments) and rent the house out until the arrears are paid and then let them move in again.
I thought it was against the law to foreclose on a military member currently forward deployed.
Frankly, HOA’s are socialist in nature - and further erode one of the key tenets of the US founding fathers; which is PRIVATE property rights.
I do not live in Texas but can not believe that the Condo Assoc or HOA can sell your house without some sort of notice of action. Certified Service of Foreclosure, Summons to Appear, Notice of Right to Appeal, Notice of Sale, etc.
This sort of thing does not come out of the blue. If it does Texas has some work to do on its law.
We have a great HOA but we did file a lawsuit against all the original board members and officers and they are now all gone. We have added new pocket parks for the kids to play in, had speed limits lowered, all the yards are mowed, added several bike trails and a new jogging trail. Neighbor’s night out is once a month. Resale value has stabilized and houses aren’t on the market as long as in other areas. Every neighborhood has a representative to the Board and we meet monthly. People who live in HOA areas need to stay involved.
I thought the Soldiers and Sailors act protected them????
Boy are they surprised when that happens!
Still, a lien has other compensations. In this market we have a lot of people who have to have secret/crypto/cosmic, etc. security clearances ~ and that means NO LIENS.
HOAs are an exercise of private property rights. If you don’t want to live this way, buy elsewhere.
Don’t buy it (pun).
Two months late is nonsense, as HOA dues are relatively low and in that area, about a hundred a month.
Multiple warning and letters and contacts were ignored by the homeowner. They were freeloading on those that actually pay their dues. And by the way, when you buy in an HOA area, part of the process is the buyer gets a copy of the HOA rules before closing.
There is more to this sob story than what is being reported.
It didn't come out of the blue. The wife got plenty of notice, as required by the law. But, she was reportedly overwhelmed by other issues and ignored it.
I'm not defending the HOA's action -- just that it wasn't as cut and dried as the article pretends. It looks like the former homeowner has some recourse due to the prohibition on foreclosing against deployed military, but I don't know if that will help -- the wife had plenty of opportunity to stop the foreclosure on that basis, and didn't.
In TX, HOA laws are effectively the same for condo's and single family homes. Monthly association fees for single family homes are usually small, so it makes it appear outrageous when an HOA forecloses for a relatively small amount. However, for condos, the monthly association fees can be significant and be used to pay for exterior maintenance, landscaping, pool maintenance, water, cable TV, or fueling a central boiler for hot water and even heat in the winter. If someone doesn't pay their association fees, the amount can add up quickly, and put the HOA in a cash crunch if enough residents don't pay.
Putting a lien on someone's home for unpaid dues is fine if it's a small amount. But, if those dues are funding significant monthly expenditures, putting a lien on someone's house simply makes it difficult for them to sell. If they choose to to continue living there, they are effectively getting those services free -- at the expense of the paying residents.
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