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AHRC EDITORS ASK CONGRESS TO REQUEST INVESTIGATION BY DEPARTMENT OF JUSTICE
Focus is on homeowner association lawyers and judges
April 29, 2008
By
AHRC News Services
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WE HANDLE ALOT OF HOA CASES, PRINCIPALLY FOR OWNERS. HAVE READ YOUR ARTICLE RE:MEETING WITH DOJ and Rep. Cummings.
We are very interested in getting involved. We are very tried of dealing with the bonehead OC Judges who are decidely Pro HOA.
I would appreciate contact from you!
Thanks.
Posted May 3 2008 7:45AM PDT
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Username withheld
, California |
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Michael Marotta in Denver, Colorado, wrote:"I have been engaged in a legal battle with my HOA in Denver, Colorado for approximately 4 years now. Their latest action is an attempt to foreclose on me in total disregard of our governing documents." Michael, I too live in Colorado (west of Colorado Springs up in the mountains). Have also been fighting my HOA for a good many years, ie, filed a lawsuit against them in February 2006; had been trying to get them to change what I saw as their "wicked ways" since around 2001.
Change for the legal better doesn't come quickly or easily with these destructive to HOA cabals. (sigh)
Did your attorney fight off their foreclosure attempt? My HOA's CAI lawyer tried to do that to me too, but my attorney fought back and, at least so far, we've won that point. We have already been to trial (the CAI lawyer was asking for the moon -- thousands of dollars -- in attorney's fees from me) and we went to court about that. All he got outta that court action was $312 from me. A far cry from what he wanted. And he doesn't have any money from me yet either since every claim we lost, we've appealed. :-)
Is your HOA's lawyer a CAI lawyer? If so, you've got your work cut out for you. Usually, CAI lawyers have no facts or law to back up a claim against a homeowner. However, they file anyway it what appears to be attempts to silence the homeowner by simply filing anything they can think up to run the homeowner out of money -- at which point they will then try to (and often succeed) in foreclosing on the homeowners home and property, taking from him everything he owns. :-("Most recently a judge awarded them summary judgment although there were numerous items in dispute. The case has been appealed. Awaiting an oral argument date." In today's courts, the HOA almost always wins. (sigh) Our Opening Brief (Appeals Court) is due May 28, 2008. How long after that does Oral Argument happen?"I have been pushing for HOA reform with the legislature in Colorado; but since they are all members of the same "good old boys school" actually read "lawyers" they do nothing but pass meaningless laws that leave eveything up to interpretation by their fellow attorneys." Absolutely right! I came to the logical conclusion long ago that "reform" is not what's needed (because of exactly what you wrote above). What needs to happen is for HOAs to be ABOLISHED in the state of Colorado. This coming November (elections), I was going to attempt to do that thru an amendment to our Colorado Constitution thru the petition process, ie, it would have appeared on our ballots. Had to get it all done by July, tho, and I just ran out of time because I was busy with other pressing HOA stuff. I will try again next year, however. :-)"I sincerely wish you all the best of luck in convincing the government that HOAs (and the lawyers that represent them and the judges that refuse to uphold the terms of the governing documents) should all be charged under the RICO statutes." I agree 100%!!! Question is, how to we go about doing that? That is, should we do it in a class action type lawsuit? Or should we do it as a criminal action, individually? Or what?As it is now, "justice system" in this country is the biggest oxymoron I have ever come across. What we have is a system that in no way even closely resembles justice. More like constant INJUSTICE which continually dogs HOA homeowners in court. :-(
Jan Jackson
Colorado Homeowners News
Posted Apr 30 2008 9:19PM PDT
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Jan Jackson
Florissant, Colorado |
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I have been engaged in a legal battle with my HOA in Denver, Colorado for approximately 4 years now. Their latest action is an attempt to foreclose on me in total disregard of our governing documents.
Most recently a judge awarded them summary judgment although there were numerous items in dispute. The case has been appealed. Awaiting an oral argument date. I have been pushing for HOA reform with the legislature in Colorado; but since they are all members of the same "good old boys school" actually read "lawyers" they do nothing but pass meaningless laws that leave eveything up to interpretation by their fellow attorneys.
I sincerely wish you all the best of luck in convincing the government that HOAs (and the lawyers that represent them and the judges that refuse to uphold the terms of the governing documents) should all be charged under the RICO statutes.
As it is now, "justice system" in this country is the biggest oxymoron I have ever come across. What we have is a system that in no way even closely resembles justice. My prayers are with you.
I will endeavor to put together a brief for you on my case and send it to you at a later date. Thank you for all your efforts on behalf of all homeowners who have suffered at the hands of an abusive HOA.
Posted Apr 30 2008 3:37PM PDT
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Michael Marotta
(View Profile)
Denver, Colorado |
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IMHO, perjury is the most important issue -- along with the lesser offense of perpetrating a falsehood upon the Court.
IIUC, it is the same in other States (other than Arizona) that only the judge that presides in a civil case can persue perjury against a witness. Note that I have tried to persue a perjury complaint against the president of the board of my HOA and that is what I eventually was told.
It should be obvious that this simply doesn't work. It should be obvious that a party to the case should be able to make a complaint to the District Attorney (County Attorney in AZ) or Attorney General of the State. If this doesn't bring results then the US Attorney's office needs to persue the matter.
It is also absurd that attorneys are allowed to lie to the Court and deliberately misrepresent the facts in the case with no consequences. Complaining to the State Bar is useless. These actions should be crimes and a prosecutor must investigate them.
A second area where the DOJ should have justdiction is when the local police are prejudiced in favor of the HOA and will do nothing when Members attempt to make complaints. This is clearly a civil rights issue. In my case they refused to allow me to make a complaint of aggravated (felony battery) assault against a director that used a choke hold on me.
Posted Apr 30 2008 1:14AM PDT
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James Tyrer
Green Valley, Arizona |
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It is respectfully submitted to the congress to impress upon Department of Justice to look into the concerns of Homeowners on merit.
Attention has since been drawn from time to time thru these columns but it appears that it has been overlooked
An article from AHRC.COM is reproduced for ur info and necessary action:
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HOA LAWYER ALERTS & INVESTIGATIONS
Racketeering • RICO • Class Action Lawsuits • Illegal Judgments • Fraudulent Property Seizures
November 22, 2007
By AHRC News Services
Los Angeles, California -
Lawyers in America created Homeowner Association Corporations (HOAs)to facilitate the taking of citizens' life savings and homes. These corporations transfer control of private property and assets to the HOA Corporations that lawyers (they also work as judges and politicians) milk, just like CEOs milk public stock market corporations. These news stories will familiarize homeowners with Racketeering, RICO, Class Action Lawsuits, Illegal Judgments, and Fraudulent Property Seizures in America's HOAs. If you have stories you wish to publish, please submit them using the News Submission Form. Please also submit Directory Listings for the lawyers and parties and include related files, images and website links with your submissions.
• FINE, LIEN AND START A FORECLOSURE - Case studies on America's homeowner association foreclosures - November 22, 2007 By Ohio Sociologist - Boardman, Ohio
• Senator John Carona Authored of Texas Property Code 209 and "games" it
He convinces his HOA Boards to adopt home foreclosures for fines resolution which primarily benefit his management company - November 21, 2007 - By Texas HO - Austin, Texas
• Homeowner Battles to Stop Home Foreclosures for Fines - Texas Senator John Carona's management company manages her HOA - November 20, 2007 - By Amy McCorkle , Rockwell, Texas
• The Law Offices of Philip A. Putman is continuing the RICO investigation of Peters & Freedman - October 23, 2007 - HOA Investigation by Law Office of Philip A. Putman - Santa Ana, California - HOA Lawyer: Peters & Freedman
• MY daughter ..committed suicide upon receiving the notice of judgment from the court" - "The judge had a trial without my presence or notice and gave the judgement " - October 17, 2007 By Jerri Beardslee - San Clemente, California - HOA Lawyer: Gregory S. Lew - Feldsott & Lee
• My lawfirm currently is representing someone from the same HOA as "Sea Captain" - Laura Bieser - HOA lawyer - October 4, 2007: Swedelson & Gottleib
• Massive Fraud At Hamilton Cove Homeowner's Association, a California Condominium - Hamilton Cove Homeowner's Association Ignores CCRs, Bylaws, Davis Stirling Laws - June 15, 2007 - By Stephen B. Chasko, M.D., J.D., F.C.A.P. - Avalon, California
• Homeowner Association Takes Home of Mentally Ill Person For $549 in Maintenance Dues - Jay Goldstein - June 6, 2007 - HOA lawyer: Swedelson & Gottleib
• HIT THE JACKPOT WITH COMMUNITY LIVING? - Homeowners must man the barricades and stop these CAI vendors - July 05, 2007 - By Marie in America - Chicago, Illinois
• LAW OFFICES ANNOUNCE RICO INVESTIGATION OF PETERS & FREEDMAN - Information Requested from Public - June 04, 2007 - By Gottschalk & Associates - Santa Monica, California - HOA Lawyer: Peters & Freedman
• LAW OFFICES ANNOUNCE INVESTIGATION OF RICO ACT AND OTHER CLAIMS AGAINST ATTORNEYS AND MANAGEMENT COMPANIES OF CALIFORNIA HOMEOWNERS' ASSOCIATIONS ON BEHALF OF HOMEOWNERS - Information Requested from Attorneys and from the Public - March 21, 2007 - By Gottschalk & Associates - Los Angeles, California - HOA lawyer: Swedelson & Gottleib
• PROMINENT CLASS ACTION ATTORNEY COMMITS TO FILING RICO ACTION AGAINST PETERS AND FREEDMAN - He is looking for boards of directors of homeowner associations to be plaintiffs - August 24, 2006 - Los Angeles, California - - HOA Lawyer: Peters & Freedman
• Melissa Colburn agrees to sette her RICO Case Against Peters & Freedman - Settle is Confidential - July 26, 2003 HOA Lawyer: Peters & Freedman - David Peters
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Attention is also drawn to recent judgement in Twin River Case Honorable judges have mentioned that to resolve issues by democratice means viz interaction to be read in letter and spirits in principle but instead efforts are being made to silence the voice of Homeowners thru ahrc.com
It strongly suggested that Honorable Congress may look into the subject on merit to be read in context with Bill of rights and may do the needful in the manner deem fit.
It is high time that prevention is better than cure and all out efforts may be made in future as case study that such unpleasant issues do not re-occur.
It is once again submitted respectfully to Honorable Congress and Department of Justice to intervene on the subject at the earliest
With kindest regards,
Ravi Kapoor
Paramount,California
Posted Apr 29 2008 4:13PM PDT
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Ravi Kapoor
(View Profile)
Paramount, California |
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