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Has there been any updates to this horror story? I'd love to see a happy ending for the Radcliffs.
Posted Sep 9 2005 8:22AM CEST
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Fran Williamson
Oceanside, California |
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Couple sue to reclaim home they lost in foreclosure sale - By Michael Kolber -- Bee Staff Writer- , March 9, 2004
Lawsuit seeks a cash award from the Copper Cove Lake Tulloch Homeowners Association and
Coast Assessment in excess of the property's market value and asks the court to order Vardanega, the buyer, to hold the property in trust so the couple can buy it back from him.
Posted Mar 9 2004 9:37PM CET
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Username withheld
San Juan Capistrano, California |
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Theft of life, homes and rights should not happen to anyone in any society. No decent government would write laws like California;s Davis Stirling homeowner association laws to facilitate thelt of their own citizens' homes .
For two decaes, California homeowners have been swept out of their homes by a tidal wave of homeowner association lawsuits and foreclosures.
Californians buying homes in homeowner associations do not have constitutional rights, property or human rights. The politicians, lawyers and judges involved in this racket have become very powerful and very wealthy, so wealthy that they are courted by attorney generals, governors, presidents, judges, politicians and corporations.
With another recent public outcry after another tide of foreclosures and violence, Senator Rico Oller wants "a foreclosed home to be sold at appraised value" and Senator Ducheny wants to "give proper notice before a home is sold" Both these politicians seem to want to preserve the foreclosure gravy train for their fellow-lawyers, politicians and judges.
California lawmakes need to take away the foreclosure powers of homeowner associations. Anything less facilitates home foreclosure racketeering in homeowner associations by politicians, lawyers and judges.
Californias should watch the lawmaking activities of their lawmakers and vote out ones who work to steal their rights and property.
Posted Feb 23 2004 2:09PM CET
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Username withheld
San Juan Capistrano, California |
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A family member of the Radcliffs reported that their lawyer was able to have the court throw out the eviction summons because the eviction notice was not served correctly.
The Radcliffs will continue their fight to keep their own home.
Posted Feb 23 2004 12:14AM CET
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Username withheld
San Juan Capistrano, California |
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CIVIL CODE
SECTION 1351
1351. As used in this title, the following terms have the following meanings:
(a) "Association" means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
(b) "Common area" means the entire common interest development except the separate interests therein. The estate in the common area may be a fee, a life estate, an estate for years, or any combination of the foregoing. However, the common area for a planned development specified in paragraph (2) of subdivision (k) may consist
of mutual or reciprocal easement rights appurtenant to the separate interests.
(c) "Common interest development" means any of the following:
(1) A community apartment project.
(2) A condominium project.
(3) A planned development.
(4) A stock cooperative.
(d) "Community apartment project" means a development in which an
undivided interest in land is coupled with the right of exclusive
occupancy of any apartment located thereon.
(e) "Condominium plan" means a plan consisting of (1) a
description or survey map of a condominium project, which shall refer to or show monumentation on the ground, (2) a three-dimensional description of a condominium project, one or more dimensions of which may extend for an indefinite distance upwards or downwards, in sufficient detail to identify the common areas and each separate interest, and (3) a certificate consenting to the recordation of the condominium plan pursuant to this title signed and acknowledged by
the following:
(A) The record owner of fee title to that property included in the condominium project.
(B) In the case of a condominium project which will terminate upon the termination of an estate for years, the certificate shall be signed and acknowledged by all lessors and lessees of the estate for years.
(C) In the case of a condominium project subject to a life estate,the certificate shall be signed and acknowledged by all life tenantsand remainder interests.
(D) The certificate shall also be signed and acknowledged by either the trustee or the beneficiary of each recorded deed of trust, and the mortgagee of each recorded mortgage encumbering the property. Owners of mineral rights, easements, rights-of-way, and other nonpossessory interests do not need to sign the condominium plan. Further, in the event a conversion to condominiums of a community
apartment project or stock cooperative has been approved by the required number of owners, trustees, beneficiaries, and mortgagees pursuant to Section 66452.10 of the Government Code, the certificate need only be signed by those owners, trustees, beneficiaries, and mortgagees approving the conversion.
A condominium plan may be amended or revoked by a subsequently acknowledged recorded instrument executed by all the persons whose signatures would be required pursuant to this subdivision.
(f) A "condominium project" means a development consisting of condominiums. A condominium consists of an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof. The area within these boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. The description of the unit may refer to (1) boundaries described in the recorded final map, parcel map, or condominium plan, (2) physical
boundaries, either in existence, or to be constructed, such as walls, floors, and ceilings of a structure or any portion thereof, (3) an entire structure containing one or more units, or (4) any combination thereof. The portion or portions of the real property held in undivided interest may be all of the real property, except for the separate interests, or may include a particular three-dimensional portion thereof, the boundaries of which are described on a recorded final map, parcel map, or condominium plan. The area within these boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. An
individual condominium within a condominium project may include, in addition, a separate interest in other portions of the real property.
(g) "Declarant" means the person or group of persons designated in the declaration as declarant, or if no declarant is designated, the person or group of persons who sign the original declaration or who succeed to special rights, preferences, or privileges designated in the declaration as belonging to the signator of the original declaration.
(h) "Declaration" means the document, however denominated, which contains the information required by Section 1353.
(i) "Exclusive use common area" means a portion of the common areas designated by the declaration for the exclusive use of one or more, but fewer than all, of the owners of the separate interests and which is or will be appurtenant to the separate interest or interests.
(1) Unless the declaration otherwise provides, any shutters,
awnings, window boxes, doorsteps, stoops, porches, balconies, patios, exterior doors, doorframes, and hardware incident thereto, screens and windows or other fixtures designed to serve a single separate interest, but located outside the boundaries of the separate interest, are exclusive use common areas allocated exclusively to that separate interest.
(2) Notwithstanding the provisions of the declaration, internal and external telephone wiring designed to serve a single separate interest, but located outside the boundaries of the separate interest, are exclusive use common areas allocated exclusively to that separate interest.
(j) "Governing documents" means the declaration and any other documents, such as bylaws, operating rules of the association, articles of incorporation, or articles of association, which govern the operation of the common interest development or association.
(k) "Planned development" means a development (other than a community apartment project, a condominium project, or a stock cooperative) having either or both of the following features:
(1) The common area is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area.
(2) A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which may become a lien upon the separate interests in accordance with Section
1367 or 1367.1.
(l) "Separate interest" has the following meanings:
(1) In a community apartment project, "separate interest" means the exclusive right to occupy an apartment, as specified in subdivision (d).
(2) In a condominium project, "separate interest" means an
individual unit, as specified in subdivision (f).
(3) In a planned development, "separate interest" means a
separately owned lot, parcel, area, or space.
(4) In a stock cooperative, "separate interest" means the
exclusive right to occupy a portion of the real property, as
specified in subdivision (m).
Unless the declaration or condominium plan, if any exists,
otherwise provides, if walls, floors, or ceilings are designated as boundaries of a separate interest, the interior surfaces of the perimeter walls, floors, ceilings, windows, doors, and outlets located within the separate interest are part of the separate interest and any other portions of the walls, floors, or ceilings are part of the common areas.
The estate in a separate interest may be a fee, a life estate, an estate for years, or any combination of the foregoing.
(m) "Stock cooperative" means a development in which a corporation is formed or availed of, primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, and all or substantially all of the shareholders of the corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation. The owners' interest in the corporation, whether evidenced by a share of
stock, a certificate of membership, or otherwise, shall be deemed to be an interest in a common interest development and a real estate development for purposes of subdivision (f) of Section 25100 of the Corporations Code.
A "stock cooperative" includes a limited equity housing
cooperative which is a stock cooperative that meets the criteria of Section 33007.5 of the Health and Safety Code.
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Home Page
CCLTOA Board of Directors Meeting Minutes
January 17, 2004 10:00 A.M.
Call Meeting to Order: Yvette Villeneuve-Ezell
Pledge of Allegiance was given
Roll Call of Board: Bailey - All Board members present
26 members present
Membership open forum: Bailey
No members indicated a desire to speak on the sign in sheet. Tabled until end of meeting.
December 2003 Minutes: Approved as written 5-0
Treasurer’s Report: Whittley
CCLTOA changed CPA Company. We found old company had errors in CCLTOA taxes. CCLTOA is not a non-profit organization and must pay taxes on interest it earns from bank accounts. We have paid the back taxes, but there may be some additional fines to pay. There was a question about looking for other insurance companies. There are only two insurance companies currently insuring in California, one in Dublin and one in Scottsdale, AZ. Those are the ones we are using.
By-Laws Committee:
Current membership; Tom Pappageorge, Chairman, unit 2; Norm Whitsed, unit 3; Wayland Ezell, unit 3; Evelyn Thompson, unit 7; Bill Albee, unit 1 and alternate Dee Zolezzi, unit 7: Norm Bailey, board member rep., unit 4. Unit 8A was invited to participate as a member but no one from 8A was present. A meeting was held Michael Woodbury (CCLTOA Attorney). Also present were Board members, Yvette Villeneuve-Ezell, Gary Whittley, and Architectural Board member Julie Eggert. Woodbury outlined the process and advised on the approach to be taken. At this time, the focus is on the By-Laws only. In the future the CC&R’s will need review and updating. Woodbury also recommended that we write a complete new document rather than modify the old By-Laws document. Woodbury is developing a set of By-Laws, which he will present to the By-Laws committee February 19 Th. We will research other Association By-Laws.
Architectural Board: Villeneuve-Ezell, Julie Eggert
There haven’t been any new volunteers to work on the ACB. The Board of Directors is looking at hiring professional assistance to fulfill this obligation.
* Plans Submitted: 7 Approved: 6 - Last year total 100
Transfers: 8 Last year total: 285
Maintenance: Swilley and Whittley
Continuing to develop corner landscaping. Developing plans for lawn and landscaping between Black Creek building and Black Creek. This includes testing well (which is sufficient) and upgrading holding capacity.
Upcoming projects being developed are dredging of cove at Kiva and realigning ramp to allow winter launching of boats. Permits are being sought now. This project may take a couple of years to complete.
Money is coming from reserves and current assessments.
A member expressed concern that with changing Board in the past, that long term projects never got done.
This is a concern of the present Board also. Three Board members have a year and half left on their terms so these projects should get done.
A member also expressed thanks for cleaning up the old scrap pile. (Gary Lutes and Gary Whittley and others).
New Business: Villeneuve-Ezell
Resolution to change banks to Guaranty Bank in Angels Camp. Approved 5-0.
Community Concerns:Villeneuve-Ezell
Branch Library rummage sale March 27th Black Creek Center.
$3200 was collected from the home tour.
Western Dance and potluck January 24th open to all.
Members Forum reopened: Bailey
Members expressed concerns in these areas.
DeVlugt- Lot 2105: Assessments are much higher than in 1969. What is being done to keep property values up? Can something be done about trash and junk cars in front of houses? Some people are saying that Copper Cove is looking bad. Still waiting for the boat ramp to be upgraded. People bought 1st for
The lake and 2nd for horse trails not the ballpark.
Turner- 8A63: 8A residents concerned about having to pay two assessments, particularly since they are both much higher than when they first bought. (CCLTOA sent letter to 8A’s board, asking them to participate at our members meeting). CCLTOA is bound to resume billing 8A’s homeowners unless the Court makes a “Stay of the Court ruling?. 8A assessments are being held in a separate account until the situation has been adjudicated.
Leone- 1007, 82, 843: Concerned about dirt bike riding at corner of Canoe and Choctaw. Who does she refer this matter to? They are permitted to ride on their own property. However if they ride on the roads than the Sheriff’s department should be notified. If there is a noise problem it should be noted and a neighborhood petition sent to the Board.
Lander" 724, 725: Cost of insurance is going up. Commend the board on controlling the expense.
Erkson " 643: Bought a couple of acres and put a house on it. This will be my last home. Knows of many Associations that pay more than $144 per month. We should consider how lucky we are to have such low assessments. We need to give the Board some help. Don’t let anyone on the P & E Easements because there is no insurance.
Meeting Adjourned: Villeneuve-Ezell
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DISCLAIMER: The information displayed here is current as of FEB 06, 2004 and is updated weekly. It is not a complete or certified record of the Corporation.
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Corporation
COPPER COVE AT LAKE TULLOCH OWNERS' ASSOCIATION
Number: C0578883 Date Filed: 8/28/1969 Status: active
Jurisdiction: California
Mailing Address
920 BLACK CREEK DR
COPPEROPOLIS, CA 95228
Agent for Service of Process
STEIN BAYDALINE
920 BLACK CREEK DR
COPPEROPOLIS, CA 95228
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Posted Feb 11 2004 7:11PM CET
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CyberSpace Activist
(View Profile)
, California |
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FACTS ABOUT C.C.L.T.O.A.
C.C.L.T.O.A was formed August 22, 1969 by John Sparrowk, Richard C. Rolleri, & Louis Miller in Alameda County. Notary Public was Barbara L. Bricker.
CALIFORNIA CIVIL CODE SECTION 1351.
1351 As used in this title, the following terms have the following meanings:
(a) "ASSOCIATION" means a nonprofit corporation or UNICORPORATED ASSOCCIATION created for the purpose of managing a common interest development.
Copper Cove at Lake Tulloch Owners ASSOCIATION, Board of Directors Meeting Minutes for January 17, 2004 states. “C.C.L.T.O.A. IS NOT A NON-PROFIT ORGANIZATION.”
http://www.ss.ca.gov/business/corp/corporate.htm List updated as of Febuary 6th, 2004
“C.C.L.T.O.A. as an ACTIVE CORPORATION. California Corporation #C0578883
THERE MAY BE MORE DEALS LIKE THE ONES LISTED BELOW
January 18, 1997 C.C.L.T.O.A. President (at the time) James E. Green & Secretary Betsy Duncan. Granted the Deed of Lot 2030, Unit 7 “4528 Tomahawk Trail” & Lot 1756, Unit 7 (4692 Tewa Ct.) & Lot 214, Unit 1 & 2 (2871 Bow Dr.) to Mai Thi Huynh. Active Agent for Coast Assessment Company, Trustee for C.C.L.T.O.A. Calaveras County Notary Public Dorothy M. .Knight.
Dorothy M. .Knight comes up in Alameda County Recorders Office in 1969-72. From 1977-1988 Dorothy M. Green shows up. On July 29, 1983 James E. Green & Dorothy M. Green Appear on the same Deed.
November 26, 1997 D.J. Morger, Senior Vice President of Coast Assessment Service Company, Signed Trustee’s Deed of A.P.N #061-030-018 ( 990 Morado Cir.) over to Mai Thi Huynh making it her sole property. Mai Thi Huynh is the Active Agent for C.A.S.C. Notary Public Bicky N. Ngo.
Mai Thi Huynh, D.J. Morger, & Bicky N. Ngo are the 3 individuals whom make up Coast Assessment Service Company
November 12, 1998 D.J. Morger, Senior Vice President of Coast Assessment Service Company, Signed Trustee’s Deed of A.P.N #055-046-019 ( 1398 Sawmill Rd.) over to Mai Thi Huynh making it her sole property. Mai Thi Huynh is the Active Agent for C.A.S.C. Notary Public Bicky N. Ngo.
April 7, 1999 Mai Thi Huynh filed a Judgment Quieting Title using Attorney Steven M. Morger of Oakland ,CA. Whom I believe to be the brother of D.J. Morger Senior V.P. of Coast Assessment Service Company. The outcome of this case gave Mai Thi Huynh, Sole Ownership of Lots 214, 1756,1841, 2030 as of February 3, 1999
November 13, 2000 D.J. Morger, Senior Vice President of Coast Assessment Service Company, Signed Trustee’s Deed of A.P.N #061-016-008 (1984 Choctaw Rd.) & A.P.N. #067-002-010 (4314 Edgewater Ct.) over to Robert Vardanega of Alameda County making it his sole property. Mai Thi Huynh is the Active Agent for C.A.S.C. Notary Public Bicky N. Ngo.
December 1, 2001 C.C.L.T.O.A. President (at the time) Dortha Boner Granted the Deed of Lot 1954, Unit 7 “4775 Pueblo Trail” to Mai Thi Huynh. Active Agent for Coast Assessment Company, Trustee for C.C.L.T.O.A. Calaveras County Notary Public Joette MacDonald. Joette MacDonald filed her Notary Bond in Alameda County February 10, 1969.
November 6, 2003 Coast Assessment filed 7 different NOTICE of SALE with the Calaveras County Recorders Office with a sale date of November 26, 2003. With the sale date being 20 days after the Notice of Sale, State Law Orders a minimum of 30 days notice be given
December 22, 2003 D.J. Morger, Senior Vice President of Coast Assessment Service Company, Signed Trustee’s Deed of A.P.N #061-024-014 (1057 Quill Rd.) over to Robert Vardanega of Alameda County making it his sole property. Notary Public Bicky N. Ngo.
If anyone has any information about the current or past business dealings of Copper Cove at Lake Tulloch Owners Association, or Coast Assessment Service Company, please feel free to contact Thomas_Radcliff@yahoo.com or cyberspaceactivist@yahoo.com with your information it will be held in strict confidence and relayed to no one without consent from the sender.
Posted Feb 11 2004 7:10PM CET
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CyberSpace Activist
(View Profile)
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You may want to read the Davis-Sterling Act of the California Civil Code. After sending a Notice of Intent and giving you 30 days, the Association must record and mail a Notice of Delinquent Assessment Lien, give you another 30 days, record and mail a Notice of Default & Election to Sell, give you 90 days, and finally, publish and post the sale of the property.
Most forbearance agreements/payment plans are in writing, however, if you did make payments which were accepted, then you may be able to make the argument to a court that there was an established plan in place and that the HOA continued to foreclose even though you were making payments.
The best thing to do now is hire an attorney and get an immediate hearing on the eviction. Then, file suit against the new owner, the association, and the agency that conducted the foreclosure. You may be able to use the argument that it was not an equitable sale since the value of the property was over 3 times what was paid at the sale. However, if the sale is 'unwound' and you do get title back, in most likeliness, you will be responsible for all fees and costs of the other parties involved.
Posted Feb 11 2004 4:14AM CET
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Username withheld
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I am not an attorney and this is not legal advice.
No Mr. Radcliff, I don't think this is legal at all. I see violations of the Fair Debt Collection Practices Act all over the place. Since that Federal law provides more protection than the Davis Stirling Act, I don't believe this state law can overide it, but I am not an attorney.
1. Regarding the verbal agreement made with Coast, did you make any payment between the time the agreement was made and your home was sold?
2. Did you ever receive any correspondence from anyone telling you that you had 30 days to dispute the debt?
3. I agree with Mr. Rosner, can you post the documents, notices, etc?
4. Who is your property management company?
5. Has anyone done a search on the buyer purchasing other foreclosures in California? How did he find out about the auction?
Is there record of him or his spouse purchasing other homeowner association foreclosures? How many? Are the foreclosures generated by any particular law firm, attorney or managment company? Does he sell the properties to the same person or company, repeatedly? Is he a member of the CAI?
I did not find any the buyer listed with the California Bar Association, though he may be an attorney based on the links I found regarding foreclosures (if they are the same person):
Suit against IRS regarding Foreclosure:
List of foreclosures in multiple counties:
Posted Feb 10 2004 11:31PM CET
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Username withheld
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Dear Tom:
Industry lawyers gang up and work together to keep their hold over homeowners rights and resources.
It may help to get pro-homeowner lawyers discussing this case and sharing ideas to protect the rights of homeowners.
Posted Feb 9 2004 8:20PM CET
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Username withheld
San Juan Capistrano, California |
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I need more information to respond to your question. Can you post all of the documents, e.g. CC&R's, all notices,?
Doug Rosner- Attorney
Posted Feb 9 2004 4:12PM CET
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Doug Rosner
(View Profile)
Calabasas, California |
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Return to 'THEY STOLE MY HOUSE' |
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