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A Letter
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AB 2289 Gives Governmental Powers To CAI Lawyers- Tell Your Senator Not To Vote Away Your Property Rights
Christine Kehoe And Gov. Gray Davis's Political Gang Are Sneaking More Home Stealing Laws Past the California Legislature.
June 22, 2002
By
American Homeowners Resource Center
(View author info)
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Miller's talking out of the side of his mouth.
Someone needs to investigate these criminal legislators, judges, lobbyist and lawyers and put them in jail. Yes, jail. The nerve to pass and enforce laws for profit that clearly violate The Fair Debt Collection Practices Act of 1978, The Fair Credit Reporting Act, the Truth in Lending Act, the Rules of the California Bar Association and the Constitution by the very people entrusted to protect our rights under those laws is inexcusable and unforgivable.
Posted Oct 24 2002 9:24PM CEST
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Username withheld
Fountain Valley, CA, California |
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Having had experience on bills and interpretation of bills by supporters in Arizona,
Please read the statements used by the Staff, Mr. Miller very carefully. For example, response #3 sounds good, but going before the association board as your "due process" hearing misses the point about the lack of a fair "due process" in HOAs/CIDs. He states, "This assures an opportunity for the homeowner to verify the outstanding debt and enter into a payment plan if possible to avoid the foreclosure", reflecting the status quo bias that the board is always right. We need laws to challenge the so-called righteousness of these boards.
Posted Sep 5 2002 8:52PM CEST
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George Staropoli
(View Profile)
scottsdale, Arizona |
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Editor,
Your articles seem to be based on a misunderstanding of AB 2289. It appears that your concerns are really with existing California law and not with the legislation. This legislation creates NO new nonjudicial foreclosure authority whatsoever for associations. Instead, it provides homeowners with new protections against such foreclosures.
1) AB 2289 does not create a new authority for associations to use nonjudicial foreclosures. That authority already exists in California law. This bill creates new requirements for associations to meet before they initiate nonjudicial foreclosures. This bill provides new protections for homeowners who are potentially facing such foreclosures. If your arguments that this bill "gives police powers to CAI lawyers" and "lets collection lawyers steal homes for minor dues" are correct, why are the associations opposed to the bill? The truth of the matter is that associations do not like this bill because they believe it will make it more difficult to use nonjudicial foreclosures to collect dues.
2) AB 2289 requires that before a lien can be recorded in a nonjudicial foreclosure, the homeowner must have been notified 30 days in advance. This is to allow the homeowner sufficient time to adequately defend against the foreclosure and take any actions necessary to protect against an improper foreclosure. Remember: Nonjudicial foreclosures are already legal and this bill does NOT create this authority, it protects homeowners against these foreclosures.
3) AB 2289 requires that before a lien can be recorded in a nonjudicial foreclosure, the homeowner must be allowed the opportunity of a meeting with the Association board or its designee to discuss the alleged outstanding debt and the pending foreclosure. This assures an opportunity for the homeowner to verify the outstanding debt and enter into a payment plan if possible to avoid the foreclosure.
I hope this clears up any confusion about the effect or scope of this legislation. Please feel free to contact me if you have any questions.
Michael Miiller
Chief-of-Staff
Assemblymember Christine Kehoe
(916) 319-2076
Posted Sep 5 2002 6:58PM CEST
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Username withheld
San Juan Capistrano, California |
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This Kehoe wo man has a lot to answer for.
But the bigger question is, will she be answering the desperate pleas of those homeowners left homeless after this stupid bill is enacted and the foreclosure factory lawyers start filing costly civil claims against unsuspecting homeowners who appeared before a handful of so called "elected" neighbors and gave away their entire defense because of this "right" to a hearing before this board of neigbors acting as judge, jury and executioner?
What is wrong with that woman?
Well, if her mentality is any example of the assemblymember politician living in one association - no comment - would be safest answer.
It doesn't take a rocket scientist to figure out that non-judicial foreclosure is extreme punishment and DOES NOT fit the "crime" of non-payment of dues to the non-profit HOA corporation in place for keeping the grass green.
But then again, nobody said the legislature was brilliant. So what do you expect out of a handful of so called "elected" polticos?
Ann
Posted Sep 5 2002 6:26AM CEST
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Username withheld
, ot |
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Are the 'political prostitutes' and 'corporate crooks' desperately satisfying their feti$hes again?
There is medication to cure such conditions.
Posted Aug 15 2002 5:35PM CEST
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Username withheld
, California |
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Is the Marjorie Murray a workers comp insurance person....?
hmmm!!!
Posted Jun 22 2002 9:42PM CEST
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HOA Voices
, California |
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