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An Article
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TEXAS REPRESENTATIVES, PLEASE DENY THIS TUPCA PROPOSAL
Please amend the Property Code so that homeowner association foreclosure is no longer a threat to homeowners
July 16, 2006
By
Beanie Adolph - HOAdata.org
(View author info)
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I've had several negative encounters already with our CAI-attorney and found out later that not only his he and some other area HOA lawyers on the CAI lobby which virtually wrote this legislation but are already listed as some of the top HOA foreclosure filing lawyers here in the Houston area.'
See and search http://courtcn.co.fort-bend.tx.us/pls/public/ck_public_qry_cpty.cp_personcase_setup_idx gor cases filed by Gammon (William Gammon and Marc Markel). I believe Markel is listed in the TUPCA lawyer lobby group.
Also check out the top Houston area HOA foreclosure lawyer filings list at http://pages.prodigy.net/hoadata/
It isn't hard to figure out who is benefitting from this racket. Many of these attorneys have their brokerage lic. and can pick the properties up for a song and point the finger at the "deadbeats" who didn't clean oil spots off their driveway. . . ;-)
Posted Jul 28 2006 5:35PM CEST
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responsible development
(View Profile)
, Texas |
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Look, the reality of the situation is that the power for HOAs to foreclose isn't going away any time soon. Currently, based on CASELAW foreclosures on homesteads have been deemed constitutional. This is unfortunate, possibly unethical, and there have been non-caselaw attorney positions that say this shouldn't be the case, but it is... At least for right now.. the FACT of the matter.
HOA foreclosures haven't been deemed unconstitutional in ANY of the other states that I know about. As such, I'm a proponent of suggesting that home owners deal with the laws we're dealt.
Many advocate groups spent a tremendous amount of time spinning their wheels - not to mention supporters time and money on the foreclosure issue. I'm suggesting a different approach:
1) Limit attorney fees. Attorneys are the ones that are making a killing with foreclosures, not HOAs. Of course, there are individuals in positions of power that are exceptions, but these are not the rule. Removing the outrageous attorney fees and making fees in line with the REAL debt will go a long way to massively reducing the foreclosures that happen. Hey, if home owners OWE the HOA legitimate funds, the home owners should have to pay. They shouldn't have to pay $4000 in attorney fees on a $200 assessment debt, which is what regularly happens. If you take away the ability for the attorneys to make money, watch the foreclosure rate come way down. HOAs will still have the power to foreclose, but they're not going to do so nearly as often if the foreclosure option is going to cost the HOA money AND it's going to remove the homestead from the home owner. Foreclosure SHOULD be a lose-lose situation for both sides and a means of absolute last resort.
2) Remove and ELIMINATE non-judicial foreclosure. This is where the real abuse CAN take place and equity can be stolen / redistributed to individuals. Guess what? TUPCA does this.
If you have specific objections to TUPCA, please post them... Complaining about the origins of our legistlative state of affairs does nothing to address the factual issues of home owners supporting or not supporting TUPCA.
There are a few Texas legislators have proven themselves to react to the demands of the CAI, even blocking legislation that would benefit the constituants that they swore to represent.. Shame on these people - and bring the light to the cockroaches.
Posted Jul 21 2006 10:31PM CEST
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Darin Ginther
Cedar Park, Texas |
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Following is a note to an AHRC subscriber who is promoting TUPCA, a bill which long time Texas homeowner advocates oppose.
Dear TUPCA promoter:
Thank you for taking the time to write an opinion on TUPCA.
As homeowners, media, and lawmakers have been misled many times by CAI foreclosure lobbyists, AHRC is working at preventing this by providing as much information as possible to our readers. e.g.
California bill analysts employed bu the lawmakers who sponsor the bill write deceptive analysis and include dozens of letters written by the homeowner association managers or an allied board member without the knowledge or consent of the owners. e.g. AB555 Manager license bill (Correa - Dutra) and AB 770 (Mullen)
Veteran CAI lawyer lobbyist James Lingle told Daily Journal reporter Linda Rapatoni he helped write "20 homeowner protection bills"
As you are urging Texas homeowners to support a CAI bill which veteran Texas homeowner advocates and their lawyers oppose, our readers are entitled to additional information about you and your interest in this bill.
Please provide a profile of yourself with your comments. Are you you a member of CAI, provide services to homeowner associations, or are you an HOA board member?
We'd be happy to publish your opinion along with this information.
Thank you
AHRC Staff
Posted Jul 21 2006 4:18PM CEST
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AHRC Staff
(View Profile)
, California |
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I, too, believe that non-judicial foreclosures are wrong. I also believe that associations have managed to amass a frightening amount of authority, including ignoring Consitutional rights and privileges. But so far, from what I have seen, homeowners in Texas have made little gains legislatively to reverse that trend.
Quite the contrary. Changes in the foreclosure law seemed to have been inspired by the Winoa Belvins ruling by the Texas Supreme Court - not by any legislative impetus and not by the voters alone. That is a shame - but that is a fact. I wonder, have any states with non-judicial foreclosures been able to affect any meaningful changes regarding foreclosure? I have not been able to find any.
Now comes TUPCA. From what I currently see, a big chunk of it reiterates existing laws and simply consolidates them without change. But, and this a big BUT, it does insert a couple of things that are of major importance. One it requires reasonableness in promulgating rules and regulations, vague and ambiguous though it may be.
Not so vague and ambiguous, in Section D, Protection of Owners - a innovative new idea! It guarantees homeowners the rights and privileges of the US Constitution and the laws of this state. Does any other state have this provision? Has any legislation in Texas managed to come close to doing this?
I strongly urge that we continue to try to change non-foreclosure laws. But let's not throw out the baby with the bath water. Having Consitutional rights restored - regardless of who wrote TUPCA - is nothing to throw away. It is not the game, but it sure is a home run. Foreclosures, next inning.
I am not a lawyer, but it does seem to me, that with our Constitutional and state rights restored, we have an added weapon in the arsenal against non-judicial foreclosures. It seems to me that it takes the question out of contractual law and puts it in the realm of constitutional law and state law.
This legislation has an opportunity to pass - unlike every other piece of truly meaningful legislation that has come down the pike. If we can get our constitutional rights and privileges restored in 2006, I am all for it.
Posted Jul 21 2006 2:53PM CEST
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Judith Watkins
, Texas |
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Wasn't it George W, Bush that signed HB 2152 - the Texas foreclosure laws - into effect?
He has a LOT to answer for!!!!!!!
Well Texas - looks like you all are toast if this gets passed.
Good luck.
Sincerely,
California Homeowner Activists
Posted Jul 18 2006 5:59AM CEST
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Username withheld
, ot |
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Just what America's homeowners need! CAI foreclosure lawyers continuing their scheming, writing of law,s and corporatizing all of America's private properties for their meal tickets!
Two of these TUPCA - CAI LAWYERS were assigned to " hear the homeowners voice loud and clear" ,,,and they did this by scouting websites.
The following quotes are from the TUPCA - CAI lawyers website:
TUPCA Q&A
Q: DID HOMEOWNERS - WHO ARE THE MOST AFFECTED BY THIS TYPE OF LAW -CONTRIBUTE TO THE DRAFTING OF TUPCA?
A: Yes, the homeowner voice was heard loud-and-clear during the drafting of TUPCA.
That is why TUPCA has an entire subchapter devoted to "Owners Rights." How did homeowners participate? In a number of ways. TUPCA Drafters drew upon several years of testimony by homeowners at public hearings sponsored by the Texas legislature.
The TUPCA Drafters also visited grassroots websites - such as www.ahrc.com (American Homeowners Resource Center) - to stay abreast of issues identified by activist homeowners. Further, the TUPCA Drafters studied homeowner-protective bills introduced (whether or not enacted) in Texas and in other states.
Two of the TUPCA Drafters were designated as the "homeowner representatives" to make sure the TUPCA Drafters were ever mindful of the homeowner perspective on any issue discussed. The TUPCA Drafters also have decades of professional experience working with homeowners in the context of planned communities. Finally, many of the TUPCA Drafters brought to the process their personal experiences as homeowners in planned communities.
Q: WHO ARE THE "TUPCA DRAFTERS"?
A: The TUPCA Drafters are a group of dedicated Texas real estate attorneys who generously volunteer their time and talent to improve the legal environment in Texas for planned communities. The core members of the group have been working together (as volunteers) since 1989 on legislation affecting condominiums and homeowner associations.
Texas has had public hearings on HOAs. Government employees with no affiliation to HOA vendors and conflicts of interest should now be drafting the legislative initiatives.
Lawmakers who sponsor legislation by wolves for the chickens they are required to protect should be removed from office and required to make restitution.
Posted Jul 17 2006 11:53PM CEST
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Username withheld
, California |
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Related links:
Comment 9. Discussion Forums are for people who have a genuine commitment to the rights of homeowners
Comment 10. The room was full of CAI lawyers, they even flew some in from out of state.
Comment 11. America's illegal property laws that herd property owners into homeowner associations with landmines to be robbed by the CAI lawyer, politician, judge gangs
Posted Jul 17 2006 10:53PM CEST
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AHRC Staff
(View Profile)
, California |
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