It is not possible to steal a home valued at $280,000 for a token payment of $120 without violating the Due Process and Equal protection clauses of the Constitution

September 17, 2005

By Willowdean Vance (View author info)

The issue in the tragic case of the Radcliffes property theft is "By What Authority?

All homeowner associations operate under .IRS 501(c) 3 nonprofit corporation.

In my opinion, every law firm that fails to raise the issue of Homeowner Association Fiduciary Duty should be sued for malpractice. Likewise, every judge that awards a Homeowner Association law firm legal fees for unfair treatment,unreasonable or arbitrary acts should be reported to the Judicial Qualifications Commission for a Violation of Public Trust and failure to uphold their constitutional oath.

A judge must swear to uphold the constitution and it is not possible to steal a home valued at $280,000 for a token payment of $120 without violating Due Process, Equal protection, the Takings Act, Title 18, etc. and all of these violate state statutes of nonprofit organizations and constitutional rights.

One can go online to check property rights cases under San Francisco Attorney Mark L. Pollot, who has won more property rights cases nationwide under the Takings Act, which I have reported many times only to have all of you readers ignore how to save your home.

HOA cases cannot use constitutional rights in civil courts so the other big mistake is failure to use a Federal Court and I have reported on this several times in the past.

You cannot win without a constitutional rights lawyer in a United States Court and your best bet is the Takings Act or Title 18 etc. which they understand.

A smart constitutional law firm would sue the Homeowner Association Board and the State that the Homeowner Association is located in, for violating their fiduciary duties to treat all members in a fair and reasonable way and for failure to make reasonable business decision and avoid any arbitrary acton.

The foreclosure action against these seniors violated state and constitutional rights and a contract that violates constitutional rights is not valid.

How long do you residents of Homeowner Associations intend to forfeit your state corporate rights and your constitutional rights so these lawyers can continue to violate the Takings Law and other laws for their profit?

Pollot wrote a book on the Takings Act to explain this little known law signed by President Ronald Reagan. It is sad to realize that a California family lost a home they could have saved by using a law signed by a California Governor who became President of the United States and who appointed federal agencies to assist victims of the Takings Act with legal help and fair compensation.

So why don't any of the victims contact your highly paid senators and request assistance under Takings Act Federal Agencies...NOW! It is free of charge. Get the word to this elderly couple about Reagan's Executive Order that was signed to protect them and they should get help through their congressman.

Every owner in a Homeowners Association should also contact the American Bar Association in Chicago,Illinois and your local .State Bar Association to report lawyers and complain that law schools leave law firms ignorant of these property rights.

The American Dream is not being destroyed by greed alone. It is dying from apathy because no one reads anything but the adhesive contracts called CCRs and most of these can be dismissed for failure to make full disclosure...

Any law firm can contact Pollot through the San Francisco Bar and any citizen can contact their state senator to locate Federal Agencies that work with victims of the Takins Act.

Griping does not stop property theft. It takes action!

Many of the Homeowner Association law firms and management companies can be charged with Racketeering for stealing high priced homes at token fees with straw buyers if they operate in two or more counties. That is up to the State Attorney who will act if they smell an economic crime large enough for a big fine.

California Attorney General Bill Lockyer has been going after Medicare fraud so educate him how much money he can raise on Homeowner Association fraud. He will change the direction he is moving because money talks.

Also bring up the charge of profiling. President George Bush took office on the promise of no profiling.

Homeowner Associations are bullies. They profile the timid, aged, minority and low income who cannot fight back...so sock it to them and take back your property with interest.

Also if enough people go after the Homeowner Association lawyers on the Takings Act, the Congressional Committee for Banking, Finance and Housing might get off its butt and conduct a hearing to restore property rights.

Each homeowner has a State Legislative Committee on Housing and all citizens share a Congressional Committee on Housing but I seem to be the only one watching hearings by these housing committees who are responsible for the greatest foreclosure racket and bankruptcy since the early depression.

The way things are going, Homeowner Associations will be responsible for the coming depression,and the next American Civil War because this is a nation where a man's home is supposed to be his castle.

Now is the time to drop a letter to President George Bush and tell him, "By George, we elected you on the promise every citizen would share the American Dream and all you gave us was the nightmare of being homeless so developers, commissioners and lawyers get rich.

Your last resort is local commissioners. They take office to treat all constituents fair and uphold the constitution but if they let a Homeowner Association steal a home on an issue like late dues...that violates due process and equal protection so

• why have you failed to recall these traitors and elect someone with enough integrity to uphold their oath?

• and why don't you sue the state for failure to police nonprofit corporations for failure to honor the state statutes of corporate directors?

• and why have you not reported these racketeers to the IRS with a list of every profit making theft because they pay a commission on unreported income and you can be sure the shysters overlook these rip offs .

Your last resort is a class actions suit against Community Associations Institute (CAI) for misuing $75,000 of congressional grant money to draft a Bill of Rights policy to protect homeowners. Instead, it was used to leave members homeless. Federal Housing Authority (FHA) and Department of Housing & Urban Development (HUD) took part in the CAI hearing held by the Housing Committee in 1973...so FHA and HUD are responsible for the failure to police CAI who were granted funds to protect homeowners. They ended up recruiting law firms and managers because he who has the gold makes the rules...

Remember the Bible says, 'God helps those who help themselves and homeowners are not helping themselves at this time. You should demand your rights from all officials and refuse to settle for a bill of goods...

The next issue is Medicare...Remind the President, if he is sincere about the cost of Medicare, he must keep his promise every American can share the American Dream of homeownership because foreclosure leads to strokes, heart attacks and nursing home million dollar contracts which he wants to avoid.

I buried three good friends who were killed by Homeowner Association Hostile Harassment.

If you can't get your legislature to act, put on some blue jeans, grab a dirty mop and old scrub bucket and make up some big signs, "Time to mop up HOA Lawyers" and picket the capitol.

I have delivered five foot coffins to the Capitol and the Florida Capitol for killing civil rights but this fight requires a mob of clean up crews..I requested passes to hold a demonstration on the capitol steps first and had no trouble getting a permit....

I also notified CNN in advance they would see two women on the Calfornia Capitol steps with a casket between them for the attorney general's act of killing civil rights. That picture is on some property rights sites like AHRC now...but you know what, those officials remembered my name and you can't win a dog fight without teeth.

My World War Two widow's death benefit restricts my travel to lecture but I plan to relocate in Arizona shortly where I will be closer to the west coast...meanwhile, don't take no for any answer and don't open the door for thieves!