I hope the soldier gets the home back and goes after the HOA and its attorney. The attorney may claim negligence but the Bar should consider exemplary discipline. The HOA is entitled to a deduction for the assessments but the HOA can also be "assessed" damages and attorneys' fees by a federal court or probably a state court.
Hildy: May you be blessed.
>OWS: So what if Soros is Jewish?
Soros, being a thief and a Nazi Collaborator, is living proof that there were Jews who did help the Nazis.
>I’m Catholic and that does not make me responsible for the Kennedys or Nancy Facelift.
True... but if you were arguing that it was the moral obligation for the nation to welcome ALL immigrants, legal or not, wouldn’t I be justified in asking if you WERE a Pelosi-style Catholic?
>Slinging the term Nazi around at the drop of a hat will tend to offend targets who happen to be Jewish.
Then they shouldn’t be National Socialists...er, Democrats!
(Ok, correlation and causation are two different things, granted; and there are plenty who aren’t screwed-up in the head.)
>I don’t always agree with Hildy but she is a good woman and a valued FReeper.
I wasn’t saying that she wasn’t. The Nazi were [in]famous for property-rights... or the lack thereof.
In this particular case the Constitution, our Constitution, is clear: Amendment 6 deals with the right to jury trial for criminal cases & Amendment 7 with the right to jury trial in civil cases [wherein the value under dispute is greater than $20]... and ALL material transfers are ether civil or criminal, no?
>Get to know her better and Having represented HOA’s as an attorney
My condolences. ;)
>(now recovering), I would imagine a court reversal of the foreclosure in question since Texas cannot evade what used to be called the Soldiers’, Sailor’s and Marines” Relief Act
That could be invoked, yes... as well as a law from the 40s, I believe. {Though I’m more in favor of going straight to the State and/or Federal Constitutions.}
>by adopting non-judicial remedies [against that Relief Act] and depriving a homeowner of property without due process of law, since the attorney for the HOA filed a false affidavit that the husband was not on active duty (much less in time of war and in the war) and since the case seems to stink to the heavens (a technical legal term?).
I see you’re going on a similar path as I.
One thing that bugs me, is “Precedent;” I get the feeling that ‘precedent’ is elevated to a position above the law [to some degree]. {I’m reminded of Jesus condemning the religious-leaders of His day saying: “you use traditions to make the law of God to none effect!”}
>Foreclosure is an equitable (fairness) remedy and taking a fully paid for $300 home from an active duty soldier’s family, selling same for a 99% “discount” to a third party (and if the third party is a crony, Katy bar the door) seems a tad inequitable and then some.
It seems fraudulent and/or larsinic [conjugation?]; if there’s any cross-state-lines in the transaction (like the buyer being from another state) it might also qualify for RICO.
>I hope the soldier gets the home back and goes after the HOA and its attorney. The attorney may claim negligence but the Bar should consider exemplary discipline.
That would be just.
>The HOA is entitled to a deduction for the assessments but the HOA can also be “assessed” damages and attorneys’ fees by a federal court or probably a state court.
And, IMO, should be... $800 really isn’t a lot of money when you’re talking about the values of MULTIPLE houses. It really looks like someone was trying to get the property any way it could.
Thank you. :)