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Soldier in Iraq Loses Home Over $800 Debt
Mother Jones ^ | May 28, 2010 | Nick Baumann

Posted on 06/05/2010 8:22:44 PM PDT by shezza

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.

---snip---

"It's ridiculous how much this is costing us," he says. "I'll be taking out a mortgage on my house that was free and clear just to try to get my house back."

link to rest of article)

(Excerpt) Read more at motherjones.com ...


TOPICS: Business/Economy; Culture/Society; Government; News/Current Events
KEYWORDS: hoa; iraq; soldier
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Here's a family who PAID for their home, in full, and it's being yanked out from under them...while at the same time others are refusing to pay their mortgages or walking away from hundreds of thousands of dollars of debt. Yet the gubmint reaches out to help the deadbeats and turns a blind eye to obvious injustice. (There is a Soldiers and Sailors Relief Act that prevents turning off utilities or evicting the family of a deployed soldier. I don't understand why Congressmen and the governor are unable to help in this crazy, obviously corrupt, situation.)
1 posted on 06/05/2010 8:22:44 PM PDT by shezza
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To: shezza

The story has to be hog wash, congress long ago made this type of stuff illegal. Anyway in most states, the debtor has a year to pay off the debt and reclaim his property, called right of redemption.


2 posted on 06/05/2010 8:26:08 PM PDT by org.whodat
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To: shezza

Hero Defender of Our Nation at the end of the earth returns home to find the local coward parasites stole his home on a technicality.

All nice and “legal.”


3 posted on 06/05/2010 8:27:48 PM PDT by FormerACLUmember ("Subtlety is not going to win this fight": NJ Governor Chris Christie)
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To: shezza

btt


4 posted on 06/05/2010 8:28:30 PM PDT by Cacique (quos Deus vult perdere, prius dementat ( Islamia Delenda Est ))
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To: shezza

I don’t use profane language, but DAMN!!!~


5 posted on 06/05/2010 8:28:51 PM PDT by night reader (NRA Life Member since 1962)
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To: shezza

Soldier in Iraq Loses Home Over $800 Debt

06/02/2010 8:04:52 PM PDT · by RDTF · 36 replies · 849+ views
Mother Jones ^ | May 28, 2010 | Nick Baumann
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. Michael went on active duty in...

Soldier in Iraq Loses Home Over $800 Debt

06/01/2010 9:07:42 PM PDT · by Dr. Marten · 150 replies · 1,785+ views
Mother Jones ^ | 05.28.2010 | Nick Baumann
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.

Soldier in Iraq Loses Home over $800 Debt

05/28/2010 10:30:41 AM PDT · by Chunga85 · 49 replies · 1,293+ views
Mother Jones ^ | 5/28/2010 | Nick Baumann
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.

Click to search older articles ...


6 posted on 06/05/2010 8:29:31 PM PDT by al baby (Hi Mom sarc ;))
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To: shezza
The rate of foreclosures and the potential profits they offer to investors mean that they are likely to remain a popular real estate strategy for the foreseeable future. But there's an old saying, "the devil is in the details"-meaning that even the largest project depends on the success of its smallest components, a fact that is certainly true when it comes to foreclosure investing. One of those details you need to understand and keep in mind is the right of redemption.

The right of redemption is the right of a property owner to redeem his or her real estate from foreclosure by paying the lender the outstanding principal and interest due, plus the lender's costs in foreclosure, or to redeem foreclosed real property from whoever purchased it at the foreclosure sale. The specifics, such as how long the owner has after the property goes to auction, exactly what has to be paid, and even what the process is called, will vary by state.

There are two key reasons why a foreclosure investor needs to be familiar with the right of redemption. One is that you need to know when you buy a property at auction whether or not the owner can get the property back if he somehow comes up with sufficient funds (typically the outstanding balance, accrued interest, late fees and costs). The second is that you may be able to buy the redemption rights whether or not you actually buy the property.

FRom:http://ezinearticles.com/?Foreclosure-Investing---Understand-the-Right-of-Redemption&id=716382

7 posted on 06/05/2010 8:30:06 PM PDT by org.whodat
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To: org.whodat

His wife was mentally ill and did not respond to notices and bills.


8 posted on 06/05/2010 8:33:25 PM PDT by tbw2 (Freeper sci-fi - "Humanity's Edge" - on amazon.com)
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To: org.whodat

http://dockets.justia.com/docket/court-txedce/case_no-4:2009cv00560/case_id-119777/

///////////


9 posted on 06/05/2010 8:34:53 PM PDT by happinesswithoutpeace (1.416785(71) x 10^32)
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To: org.whodat
According to the article, the HOA foreclosed for $800 (by letter only) in May 2008. They didn't realize what had happened until June 2009, and Michael didn't return home from Iraq until September 2009. That is well over a year, according to Texas Property Code, they only had 180 days from the original notification for redemption.

§ 209.011. RIGHT OF REDEMPTION AFTER FORECLOSURE.
(b) The owner of property in a residential subdivision may redeem the property from any purchaser at a sale foreclosing a property owners' association's assessment lien not later than the 180th day after the date the association mails written notice of the sale to the owner under Section 209.010.

10 posted on 06/05/2010 8:34:59 PM PDT by shezza (Blue star wife - God bless and keep safe our troops in harm's way.)
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To: shezza

This poor guy lost his home at least seven times this week.

I am kidding with you, but this has been posted many times.


11 posted on 06/05/2010 8:35:36 PM PDT by Jet Jaguar (*)
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To: al baby

Thanks. I searched three different ways and nothing came up.


12 posted on 06/05/2010 8:35:39 PM PDT by shezza (Blue star wife - God bless and keep safe our troops in harm's way.)
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To: Jet Jaguar; admin
I didn't see it posted earlier, and several searches didn't bring it up. Mea culpa. As a military wife myself (husband is on deployment in Afghanistan), I'm appalled at the HOA's treatment of this hero.

(Admins can pull it if they want to.)

13 posted on 06/05/2010 8:38:56 PM PDT by shezza (Blue star wife - God bless and keep safe our troops in harm's way.)
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To: shezza

That’s why, in Texas, some people just need killing...


14 posted on 06/05/2010 8:40:59 PM PDT by babygene (Figures don't lie, but liars can figure...)
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To: shezza

No problem here.

I feel for the guy.


15 posted on 06/05/2010 8:41:51 PM PDT by Jet Jaguar (*)
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To: org.whodat

If you don’t pay your property taxes, they auction your house without telling you and one day the sheriff comes and pays you a visit.

The above is all perfectly legal.

The only way to reclaim your property is to pay the man that won the auction whatever his price is...assuming he wants to sell.


16 posted on 06/05/2010 8:42:57 PM PDT by mamelukesabre (Si Vis Pacem Para Bellum (If you want peace prepare for war))
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To: babygene

I have seen this story here a bunch too and keep expecting if this is a true story for an update that the publicity has shamed these people into returning the house to it rightful owner.


17 posted on 06/05/2010 8:46:21 PM PDT by JLS (Democrats: People who won't even let you enjoy an unseasonably warm winter day.)
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To: babygene

Also in Texas, sometimes they get killed...


18 posted on 06/05/2010 8:46:48 PM PDT by piytar (Ammo is hard to find! Bought some lately? Please share where at www.ammo-finder.com)
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To: mamelukesabre

Wrong, you pay the court, the person who bought the property has no say in the matter. Now where did you get that real estate degree??


19 posted on 06/05/2010 8:47:51 PM PDT by org.whodat
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To: tbw2

Nutbag wife? That’s definitely a missing piece to the puzzle.

Frisco is near where I live. You would be hard pressed to find a more conservative pro-military town in the nation. He needs to go to the press. The HOA and “investors” will NOT want the heat. Also, the property will become toxic - it will NOT get bought from the investors.

We’re old school in these parts. I’m betting that this will be made right, one way or the other.


20 posted on 06/05/2010 8:51:30 PM PDT by piytar (Ammo is hard to find! Bought some lately? Please share where at www.ammo-finder.com)
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