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Press Release
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Please tell me where the justice is!
My condo - my first home which I poured my heart and soul into, was illegally foreclosed on by the Condo Home Owners Association
October 03, 2003
By
Mark Taylor
Copyright AHRC News Services
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| Dallas, Texas - The foreclosure bell tolls once again - this time for Mark Taylor in Dallas, Texas
His letter attests to the outrage that he feels.
He is one of thousands who have lost their homes because of a law passed without hearing in the dead of night in the Texas legislature and allowed to become law by the then Governor, George Bush.
Despite the valiant efforts of homeowner advocates such as Geneva Kirk Brooks, the foreclosures still come piling one on top of another.
Despite promises of legislators such as Senator John Lindsay, the legislature does nothing. At the sham hearings, they ask the very foreclosure executioners to come up ways to stop the executions, and refuse to listen to homeowners. That is like asking drug dealers how to come up with ways to stop drug dealing.
So this foreclosure puts even more blood on the hands of people like Lindsay because these foreclosure executioners (aka CAI collection lawyers) - are the ones who fill his coffers with money they have stolen by putting homeowners in foreclosure coffins. (Lindsey's wife is the famous snoring judge who was caught sleeping on the bench while a trial was in progress. See: Snoring Texas Judge Awakens, Slams Child Care Owners with $19,000 Legal Fees For CAI Atorney )
In California, homeowners are poised to boot Gray Davis out of office, because he was the one who introduced non-judicial foreclosure into homeowner associations. Maybe Texas can take a leaf out of the California book and boot out all those legislators who allow such foreclosure attrocities to continue.
LETTER TO TEXAS ATTORNEY GENERAL FROM MARK TAYLOR
Date:October 03, 2003 1:02PM EDT
To: Mr. John Cornyn,
Texas Attorney General
300 W. 15th Street
Austin, TX 78701
From: Mark Taylor
Dallas, Texas 75219
Subject: Please tell me where the justice is!
Dear Mr. John Cornyn, Texas Attorney General:
My condo - my first home which I poured my heart and soul into, was illegally foreclosed on by the Condo Home Owners Association for unpaid fines which to this day I have no clue what the fines were for.
I was never notified, warned, nothing! It was not uncommon for a new rule to be passed by the President who literally took complete control of the HOA, occasionally I would receive notice of the new rule (generally something quite ridiculous) and many times the new rules would solely apply to a single person/owner.
Additionally a rule might remain in affect for a brief time and then reversed. A few months prior to the foreclosure on my condo, the dues were doubled in addition to a special assessment being passed at the same time which made the total amount of my dues then greater than my mortgage payment!
The dues increase was as I understand it was only a temporary increase and since my foreclosure they have been reduced! I was an officer on the board but was removed by the President when I was unable to attend one meeting (I was never told it was an "official board meeting", due to being ill as a result of me being disabled. The HOA never appeared before any judge, never acquired a judgement against me, (required as I understand it prior to being able to foreclose but a state statue restricts Texas HOA's from foreclosing for fines).
Then the HOA never had to appear before a judge to authorize the foreclosure sale - this is commonplace in Texas. I was given three days to vacate the condo making it a total of (if I remember correctly) a total of about 30 days from the time I was given notice of intent to foreclose.
The President would not speak to a negotiator and would not allow me time to sell the condo - it had been on the market for about 2+ months and allow me to pay the $2800 in fines upon closing of the sale.
Then does it surprise you that the foreclosing HOA was who then purchased my condo for $2800!
I ask myself everyday if I'm dreaming and I am not a natural born citizen of the USA! Where may I ask is the justice?
My question is though, since the HOA did not have to provide any form of proof to any governing authority, appear before any judge, etc. Then doesn't that mean that myself or anyone else could simply form an HOA over someones property, induce fines ranging between $500 and $2000, then merely file a lien against the property, give the person 30 day notice of my intent to foreclose and proceed to foreclose on their property and it all be sanctioned by our government bodies?! Couldn't that (there is much more to the story) be considered a form of terrorism?!
I would like someone to explain to me where and how an HOA can acquire that type of power - far more then that of the FBI, CIA, US Revenue Service, and so forth! I would like to know how law makers can justify how those types of actions are justified or even constitutional? I would like to know why....
Mr. Attorney General, I phoned your Dallas office during all the terrorism of the above actions for assistance and was told that no government entity governed or regulated associations. First, can you explain why, especially when the association has the power to foreclose on your home AND take all your personal belongings - yes the HOA tried to do that as well, that associations are not regulated by someone?
Second, since laws were broken to include the laws estastablished by the HOA's Enabling Declaration, and the subsequent By-Laws, is there not some one or some way that this particular HOA cannot be investigated and subsequently prosecuted for the several laws they did break, for the harrassment, the terrorism involked on me - I'm not exagerating, and ultimately the severe mental and physical anquish I was put through?
I was treasurer on the board and being a mathmatics whiz, and seeing what I saw in the books I saw. Knowing that the association's books have not been audited as required the the Enabling Declaration, in approximately ten years. And to avoid the risk of liable or slander, I have very honest and valid reasons to believe that (and I will try not to make any direct implications toward anyone at this time), serious embezzlement was taking place! Kickbacks and payoffs were also involved but I have no proof. Plus relalitory (sp) actions were going on if you voted against a particular home owner and board member.
Mr. Attorney General, I am not saying the above things out of spite for what was done to me. I came to realize these things were supposedly going on only after I purchased my condo. Trust me, I NEVER would have purchased the condo had I known what I do now not only about that HOA, but about HOAs in general - and no not all HOAs are bad. And yes, I realize that rules and regulations must exist within HOAs just as they do in cities, states, and nations, etc. Yes, I am very angry, hurt, embarrassed, numb and cold now, but I think justifiably so.
Mr. Cornyn, I personally ask of you or your staff to provide assistance in bringing justice into a very unjust situation. However, if these type matters are beyond the scope of your office, would you please take a small amount of time and brief whomever would be able to help and then place me in contact with them?
In closing, I want to personally thank you for taking the time to read my messaage. And offer an advance thank you for your assistance I trust you will provide.
Meantime, I shall remain....
W. Mark Taylor
Dallas, Texas
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