She requests resitution of $3135 paid under protest to collection lawyers Epsten, Grinnell & Howell

March 06, 2003

By Mary L. Tooker

Following is the letter by 75 year old Mary Tooker to one of her three Homeowners Assocations. All three associations collect maintenence dues on her home.

Rancho San Clemente Community Association
To the Board of Directors -
Terry McEntee-Allred - President, Bob Carson - Vice President, Ed Beveridge - Treasurer , Dorothy Spence - Secretary , Curt Rudick - Director

I am at this time requesting the refund of all late fees and legal fees incurred, and paid by me, to Epstein, Grinnell & Howell collection attorneys working on your behalf.

The total paid to Epstein Grinnell and Howell was $3,135. This amount was "paid under protest, with reservations of my rights" to them in order to prevent the slated sale of my property at 1044 Calle Del Cerro, San Clemente, California set for February 5, 2003 at 10am at the Orange City Hall. A copy of the Notice of Sale is attached. It was sent to my correct address , and the only mail EVER received by me concerning assessments due.

I do not believe that "Due Diligence" was used either by Curtis Management , or Epsten, Grinnell and Howell. I was not aware of three associations of of homowners as I had only been receiving bills Vista Pacifica HOA and Ammcor. Both these accounts are current and have never been delinquent. Both associations have had my correct address. A simple letter to either one would have been a simple solution to locating me. It would have been forwarded to me , and not been a violation of the privacy law.

Because I never received anything from Rancho San Clemente Community Association (RSC) , I assumed it was incorporated in some way with my taxes, if I heard about it at all, which I must have.

I closed escrow on June 15, 2001. The property was rented from July 17, 2001 to January 17, 2002. It was vacant until September 27, 2002 at which time it was re-rented. The vacancy occurred due to construction and mold remediation, I also remodeled the unit at that time. I was at the job site whenever it was possible to work. NEVER was one piece of mail delivered to me at that address. NEVER was a notice from RSC ever posted, although I received notices from AMMCOR and vista Pacifica. However, Curtis Management Company continued (they say) to send mail and notices to that address for me for 1 1/2 years, even though it was ALL returned to them.

When I asked Cheryl Sharp why another such as Vista Pacifica wasn't utilized I was told they were not obliged to find me, that was the attorney's job, and it was my responsibility to pay my bills. I concur. However, I can't pay a bill I have never received and don't know that I owe to this day. I have no address for RSC Community Association, but I'll bet i can find one as easily as they could have found mine.

The same procedures were used by Epstein, Grinnell And Howell: even though they knew that all the mail had been returned to Curtis Management, they continued to send mail and notices to the unit address and they were all returned to them!!!!

Except for one dated January 22, 2003 sent to my correct address!!! By now , fees are over $3,000,. I asked Diane Rico why they hadn't used my correct address sooner, her andwer was, " I don't have to disclosre our procedures to you."

Really! I find this who chain of events unconscionable!! In fact, I consider it fraud, with crimminal intent to acquire my property with a $200,000 equity, for a mere $405. assessment due. There was no personal service, no posted notice, nothing.

I asked M. Rico what would have happened had I been in the hospital or out of the country. She replied that it would have been sold. And what about people who have $405. but not $3,135.. Their property would be gone.

No organization should have this kind of power, let alone three organizations working together.

I am going to to my best to see that this never happens to anyone again. If bills need to be changed, so be it. If attorney need to be fined and chastised, for excessive fees, so be it.


This whole procedure is a violation of the Homeowners Rights.

I respectfully request my refund of all fees.
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Contact information:

Mary Lee Tooker: Please contact AHRC for her contact information

Debora M. Zumwalt: Collection lawyer with Epsten Grinnell & Howell
Diane Rico - legal assistant
(800)300-1704

Curtis Management: Owner Lee Curtis, Manager Sheryl Sharp (760)643-2200