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Every California law that results in "help" for the homeowners is full of loopholes in favor of CAI and their ongoing bid for control. The vague wording in the laws results in homeowners THINKING they have gained some control over their lives but instead leave open just enough room for another onslaught of injustices against us.
Public outcry against non-judicial foreclosure may result in some feel good affect but there is too much money to be lost by too many people to end it completely.
CAI has brainwashed communities into believing the only way to make the associations succeed is to get rid of those that won't pay their fair share. The need for non-judicial foreclosure isn't a matter of getting rid of those who won't/can't pay. It is a way of making money for trustee companies, attorneys, real estate agents and those who could care less about any of us losing our homes. Until Sacramento stops bowing to the special interests and start serving the people who elect them, this battle will continue.
Posted Feb 20 2004 7:42PM CET
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Username withheld
Pittsburg, California |
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We need legislative help getting the HOA bloodsuckers out of our associations. What concerns me is every time we see legislation begin, the CAI lobbyist lie and we end up with laws that serve them, NOT homeowners. I was just told that they do not count the 1-2-3 Association as one member, but as 864 member. How, they count every member.
What a joke. I've lived here for 7 years and been on the board for almost 2 and I've never been invited to a CAI anything (we've cancelled our association's membership). What happened to Radcliff is shameful and those responsible should be prosecuted. I hope the Governor decides this won't happen again on his watch.
Posted Feb 20 2004 3:06AM CET
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Username withheld
, California |
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What happened to Melissa Coburn reminded me of the movie, The Insider, that revealed the events exposing the tobacco industry denials that nicotine as a drug as a lie. Big tobacco used a threat of a lawsuit against 60 minutes in an attempt to prevent the airing of statements by the whistle-blower, Jeffrey Weigand.
We need to speak out to support Melissa and stop such actions from occurring again. It's sad to think that we need a whistle-blower law to protect homeowners from speaking out against these rogue HOAs and their attorneys, so they can speak freely without the fear of reprisals.
Posted Feb 19 2004 7:10PM CET
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Marcus Aurelius
, Arizona |
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It's about time! Hoooooray!!!
As a board member (whose board opted AGAINST using non-judicial foreclosure) I will tell you this is a step in the right direction.
There are people who will flat stop paying dues and that's why I think non-judicial foreclosure was developed; to deal with worst case scenarios. Unfortunately, the HOA industry "USES" it to steal people's homes over data entry errors, late fees and other nonsense. THEY are the problem and we need to kick these HOA Management vultures out of our communities.
What concerns me is the next trick these vultures will try, and we know they will. What stands out to me today is their involvement with banks and the loan contracts from those banks. I've seen a couple and they appears to give the bank powers over the board in certain instances. They also use assessments as collateral which is a very very bad idea for homeowner associations. Keep your eyes out people, this won't be over any time soon.
Here's something I do not understand and perhaps someone can help me. IF an account is sent to a collection agency prior to being placed with an attorney, why does the attorney get to tack on $425.00 befor he even sees it? If their is an earnest effort to collect, it would never even get to the attorney anyway. If someone can walk me throught this process I would be grateful.
Posted Feb 18 2004 9:03PM CET
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Username withheld
, California |
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Can they prohibit her from complying with the subpeona?
It just seems that a document which obsrtucts justice would not be legally binding and confidentiality would apply to going out and doing 20/20 or something. Does anyone know?
Posted Feb 18 2004 8:16PM CET
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Username withheld
, California |
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Melissa Colburn may risk being sued by those malicious CAI attorneys if she testifies, even if subpoenaed, because that's just one of CAI's tactics to keep victimizing homeowners.
What MAY be happening is those CAI attorneys "settled" with her on CAI's terms -- specifically, they threw some money at her threatening to continue their harassment if she didn't "accept."
Part of the CAI-authored "settlement agreement" likely contained a "confidentiality" clause whereby Ms. Colburn's disclosure of the conditions giving rise to her claim agains the HOA and/or "settlement" terms would be a breach of this "contract."
Therefore, if Ms. Colburn discusses her case -- possibly even if she's been subpoenaed to testify before a government panel or agency -- she could be sued by those CAI attorneys and/or the HOA directors for allegedly "breaching" this "settlement" contract.
In order for CAI to continue perpetrating unconstitutional abuses against homeowners, CAI must continue intimidating plaintiffs even after "settlement" is reached.
I personally know of homeowners in Las Vegas who were forced into this same position by one of CAI's chief operatives practicing law in Nevada.
Even if those homeowners sell their HOA-dominated property, this "settlement" contract could still bind them from disclosing its terms forever and, if they "breached" this contract, they could be sued (for sure) by their former HOA.
Know CAI for what it is -- the nationwide entity that indoctrinates unscrupulous people to manage, govern and litigate for HOAs at the expense of individual homeowner's property, as well as the collective funds of the entire HOA.
CAI is an extremely well-funded extortion racket where operatives routinely conspire to lobby for state laws enabling nonjudicial foreclosures with absolutely no due process of law before vulnerable people lose their homes and, too often, their life's assets.
Posted Feb 18 2004 6:57PM CET
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Kate Davis
(View Profile)
Sacramento, California |
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When will we be rid of the likes of Peters & Freedman?
It is too bad that Melissa Colburn "settled" with Peters and Freedman because there is no doubt she could have taken them down in a big way.
We hope that she will be able to testify without any further threats or harm by Peters & Freedman.
Posted Feb 18 2004 4:15PM CET
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Username withheld
, California |
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This awful law should be thrown out and reparations paid by the state for damages done to these victims of foreclosure.
The Davis Sterling act should be recalled and disbanded and made retroactive back to 1985, when the law was enacted.
Responsibility should lie on the authors and those who represented it. Investigations into racketeering and collusion and intimidation and just plain theft by officers of the court (Lawyers) should have been under way a long time ago, why hasn't it? Give back the homes that were stolen!! Give back the money that was embezzled from the home owners!
Jim Radcliff, brother to victim Tom
Posted Feb 18 2004 10:53AM CET
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James Radcliff
(View Profile)
, California |
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