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An Article
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Governor Scwarzenegger: What Can I Do? What can you do?
The Homeowner Association sold my home to collect a $120 bill
January 23, 2004
By
Thomas & Anita Radcliff
(View author info)
Copyright AHRC News Services
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I am not an attorney and this is not legal advice.
Mr. Radcliff - What can the Governor do? He can ask the State Attorney General why he let the Foreclosure Gang to violate the Fair Debt Collection Practices Act and illegally foreclose on thousands of Californians homes? See - FDCPA, 15 USC 1692 He can deem your foreclosure illegal due to violations of the act.
I do not understand how they've gotten away with it, but this gang has violated almost every law governing bill collectors that exists. These laws would have stopped illegal foreclosures, that's one reason they were written. I am aware that the Foreclosure Gang "decided" the Act does not apply to them, but it does without question (Section 803). They fit every definition of a third party debt collector and qualify for zero exclusions as defined under 803.
Ask the Governor's representative to look at (15 USC 1692g) under the following sections if they want to know what they blatantly violate on a daily basis;
Section 807 False or Misleading Representations (4,5,6a,6B,8,11)
Section 808 Unfair Practices (1, 6a – major)
Section 809 Validation of Debts - All of it
These violations were made to insure foreclosure and to profit from it. Why haven't they been prosecuted for racketeering under RICO? Doesn't this qualify? I've seen collections agencies shut down for lesser infractions of the ACT than these vultures have committed.
Posted Feb 7 2004 6:11AM CET
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Username withheld
, California |
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What can the Governor do? First, begin an immediate investigation of the Community Association Institute's (CAI) monopoly created when Davis gave them complete control over state required licensing, testing, education and disciplining of HOA management companies.
Second, ask if a state required license should be managed by a private organization, much less one comprised exclusively of persons who represent HOA management companies and none who represent the rights of homeowners. Just look at their membership. How many members are homeowners that are not employees of management companies, their vendors, attorneys, collection agencies and foreclosure companies. Permitting a private organization to control a state required license is like letting auto insurance companies control who can have a driver's license and who can't.
Third, I am a board member and the Governor needs to look into the way management companies abuse "indemnification" clauses in their contracts. They are indemnifying themselves from their own negligence and theft. Simply put, if we file criminal charges with the DA's office, the association will have to pay the management company's legal fees to defend it. They steal from us and we have to pay their legal fees, what's wrong with that picture? We heard this from CAI lawyers and when we said we wanted to speak with someone who was not a CAI member, the management company threatened to cancel us. We would have been thrilled since we were already searching for a non-CAI management company, but hadn't been able to find one in 4 months. So for now we're stuck with people who are stealing from us, we can't stop them, we can't prosecute them and we can't find another management company who won't do the same. If that isn't organized crime, what is?
I understand that management companies need to be indemnified from bad decisions a board makes, but what protects the association from them? Absolutely nothing. If they can steal from us and we have to pay their legal fees, what stops them from stealing from us? Nothing. If you indemnify them from everything they do, what incentive do they have to do the job they were hired to do? None. If all management companies are CAI members, where can an HOA go? Nowhere. If the board can't fight any of this how can we protect the members? We can't.
The Governor must get investigate this monopoly, abuse of indemnification and possible organized crime. He needs to understand that this CAI reached all the way up to Davis and that this will neither be an easy or swift road to travel, but frankly I think he's the only one with the balls to do it.
Posted Feb 3 2004 10:09PM CET
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Username withheld
, California |
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Mr. Radcliff,
They didn't sell your home to collect the $120. You tried to pay that. They sold your home for $1.50. Why didn't they just tell you needed to write another check or come by and pay it? They wanted to sell your home. Someone gained financially from this.
Now that the board has figured out how easy it is to take someone's home, you won't be the last. You are just the beginning of a very sad but true saga in your HOA.
The Governor needs letters from all of us. Start writing folks!
Click here to write the governor of California
Posted Feb 3 2004 4:17PM CET
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Username withheld
Pittsburg, California |
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I am in a HOA and regret ever signing the papers without reading every single little line. I was misled into believing that they (the HOA) would do everything to keep our development in proper repair. The funds have been used inappropriately and I cannot even look at the financials. I have gone to member meetings and voiced my concerns without any result.
I feel for anyone who has lost their home in the "OC" over this. Isn't it time to fight for our constitution. I didn't purchase my home in a corporation with directors telling what I could do. That's what they say I did by signing the papers. What a scam! I have never been in this situation in other states when I purchased a home.
In reality, what did I purchase? Not a home.. but only a piece of the corporation of which I have no control and hope for the best in future appreciation. In the "OC" right now that is occurring, but what will happen when the market heads south.
And the HOA says.. Oh well.. we could only do so much.
When a mechanic works on your car and you don't pay, he puts a lien on your car. When a Contractor works on your home and you don't pay, he sues you and puts a lien on your home to be paid when you sell. The HOA just goes a little further and FORCLOSES ON YOU!!!. A lot further than what is reasonable.
Where do I sign up to reform the laws on HOA fiscal responsibility and human compassion.
Posted Feb 3 2004 9:23AM CET
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Username withheld
, California |
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Notes on reaserch on Coast Assessmant transactions in Orange and Alameda counties.
Posted Feb 2 2004 12:09AM CET
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Username withheld
San Juan Capistrano, California |
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It's well past the time we took away the power these homeowner assoiations. seem to hold. They are the most despicable and disgusting form of humanity on this earth.
A man's home is his castle, let us keep it that way. The law should not only be changed to make this situation impossible, and I hope the Radcliffs bring a civil suit against these carnivores.
srjarvis
Posted Feb 1 2004 1:41AM CET
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Username withheld
San Juan Capistrano, California |
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Wouldn't it be enlightening to find out if the HOA attorney, board member(s), HOA management and the person who bought this house under non-judicial foreclosure by neighbor have ANY ties to the Community Association Institute? FIND OUT!
Folks, let this be a warning to you. PUrchasing a home in an HOA is financially RISKY! What may be a $5 dollar late charge can quickly balloon into thousands of dollars with legal fees, penalties, etc. attached. And every phone call to the HOA and its ilk will be met with MORE lawyers bills that will be attached. It is the litigation vortex of HOA's.
The Constitution of the United States proclaims, among other protections, the following:
Amendment IV - The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated....
Amendment V - nor be deprived of life, liberty or property WITHOUT DUE PROCESS OF LAW nor shall private property be taken for public use without JUST compensation.....
Amendment VIII - Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment XIV - ...nor shall any state deprive any person of life, liberty or property WITHOUT DUE PROCESS OF LAW, nor deny to any person within its jurisdiction the EQUAL PROTECTION OF THE LAWS....
AND SO ON AND SO ON.....
Why, pray tell, is any non-profit private organization like a homeowners association above the law? Because the industry says the homeowner AGREED TO IT??? Bull....
You have to sign and initial dozens of pages and paragraphs ON THE REAL ESTATE PURCHASE CONTRACT BUT NOT EVER EVEN HAVE TO SIGN OR INITIAL OR HAVE NOTARIZED THAT YOU HAVE READ AND UNDERSTOOD ALL APPLICABLE CCR'S OR CIVIL AND CORPORATE CODES REGARDING HOA HOUSING!!
Does that make any sense? Of course not - and it's because the HOA industry doesn't want you to know the facts because IF YOU DID YOU WOULDN'T BUY IT! The HOA industry, the real estate industry, the municipalities AND your legislators are all engaged in the dumbing down of the homebuyers.
Does anybody really believe that if someone truly "READ AND UNDERSTOOD" the realities and risks of non-judicial foreclosure by neighbor that they would EVER buy a home in an HOA??? Highly unlikely.
OF COURSE - the municipalities are just pleased as punch about planned developments, gated communes, etc., because they are perfectly happy to have cities full of privately held planned developments full of homeowners still paying the full amount of property taxes that they really don't benefit from with homeowners footing the bill for and accepting all liability for all the infrastructure the municipality would otherwise have to pay for - i.e. streets, sidewalks, curbs, lighting, landscaping, parks, pools, etc. etc.
HELLO OUT THERE HOA HOMEOWNERS!!! You are a pawn in the game of HOA housing.
Think about it - would you even buy a motorhome and share it with hundreds of people you don't know and a handful of people you don't know telling you how to use it and live in it?
From behind the Orange Curtain,
P. Flamingo
Irvine, Caliphoney
(The ultimate HOA municipality)
Posted Jan 29 2004 6:46PM CET
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Username withheld
, ot |
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To hear all these voices come out of the dark to say all that has been said on your sight gives me faith that all will turn out alright. And my daughter of 4 will not have to fight this one battle when she grows up.
We leave so much undealt with, and our children will have to deal with them when they grow up. I hope that all these voices become bodies and fight this to the end.
THANK YOU MUCH!
Carolyn Radcliff
Daughter-in-law of foreclosure victim Tom Radcliff
Copperopolis, California
Posted Jan 28 2004 12:34AM CET
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Username withheld
San Juan Capistrano, California |
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This is a very unfair example of Social Control Exploitation at a micro Managed level. Such ironys in Democracy reminds me to fall back to the Constitution our Founding Fathers wrote.
Have we become so out of touch with our unity that singular dictating processes agressively punish, then take over who we are and how we are to be? I am a firm believer in social organization when we all fairly share and unite our standards.
Why not allow the checks and balances of the system, weed out the wrongs in the hierarchy. Allow the Majority of people to standardize practice for their community. If you were to take the consensus of the Community of Copper the majority would question the practiced enforcement of this situation.
This is without a doubt dictated by the minority. not the majority. What went wrong?
Someone has too much time to play like this, and waste taxpayers money. Other things need to be done that are socially constructive.
Posted Jan 27 2004 7:46PM CET
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Username withheld
, California |
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Check your bylaws. Contact your neighbors and make a change. If you paid some of your dues you probably should only endure a late fee. They should not be allowed to take away your home.
It is only a matter of time before enough complaints will make a law to not take away a home due to late or for nonpayment of HOA dues-especially if the HOA has been contacted ahead of time requesting a grace period.
Go to your local courts to file a suit against the Board. You can take them to small claims court for only a few dollars- or retain an attorney on pro-bono- they get paid when and if you win. There are many states that are having the same problem with HOA's and you are not alone. Don't give up on your house so quickly- take legal action now before it's too late.
What is the worst that can happen? They take your home? Ha!
Posted Jan 26 2004 2:57PM CET
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Username withheld
, North Carolina |
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