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With due respect to the author and Ms Donie for this eye-opening case study to be read in context of California state as I am not conversent with the laws of Arizona.
It is strongly felt in consideration of real estate mess and part of reforms being considered in the present state of affairs to avoid such reoccurances, the matter need to be viewed seriously in my opionin.
It is also felt if deem fit Attorney-General office/ IRS/ FTB and to make mandatory first offer to the mortgage company on the basis of payment due may look into such cases based upon market fair value/appraiser value as a part of reforms for which if necessary specfic orders may be issued by the competent authorities say FHA, HOUSING BOARDS in public interest and /or Government lawmakers.
It is important to plug the drain in my opionin to be read in letter and spirit and moreover Homes as every one may agree that these are not commodities and may please be dealt strongly so that Homeowners do not become victim to such malpractices in my opionin.
It is submitted respectfully that it is high time Government agencies/lawmakers need to intervene on the subject in the best interest of all concerned without any further delay as the matter seems to be of serious nature in my opionin.
As stated elsewhere media mainstream may also come forward to high light such case studies with the salient feature as homeowner need to context the price as stated in the article.
Thank u very much for the article .
With kindest regards,
Ravi Kapoor
Paramount,California
Posted Nov 24 2007 1:02AM CET
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Ravi Kapoor
(View Profile)
Paramount, California |
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"Whether homeowners know of this 'remedy' or not is irrelevant - by the time the matter has reached this portion with the harassment and such it appears which precedes it, most neither have the financial resources nor emotional or mental fortitude after such abuse to proceed with this rather weak excuse for a 'remedy.'"
Nor, after what occurs in a great many of these actions, would such a homeowner even want this property back, as by then it is quite apparent just how little 'ownership' or protection for his property rights he actually has, and how 'friendly' and how much 'community' there actually is, and how vulnerable in the future if there is ever again a financial setback, illness or other reason for which his ownership rights might be challenged again, and at a much great risk (if there is even then more equity in the property).
And living in a home also which is equity poor in order to protect yourself from such unlawful tackings, also leaves you at risk either way.
Again, quite clearly HOAs are nothing more than land fraud and unlawful state/municipal tax scam at their core.
Posted Nov 24 2007 12:53AM CET
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Username withheld
Phoenix, Arizona |
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Interesting, but the 'remedy' that in order to escape the property theft and fraud committed against the homeowner then requires additional sums to go before the court with a Motion to Set Aside (not to mention, with the CAI corrupted Arizona courts at the present time, the likelihood and/or financial leverage needed to so do, sums for which he may not have since he either was unable to challenge or could not pay the 'foreclosed upon' assessments).
Still does not adequately 'protect' private property, since it then takes more sums in order to 'get back' the property, sums most retirees and those on fixed incomes do not have.
Nor address the unconstitutionality of this tax scam to begin with, and that as a 'state taking' actually, making citizen's 'pay' in order to get their homes back from a tax extortion scam would seem the mentality as an 'adequate' remedy from the insanity which created this racketeering scheme.
And since this scam began in real earnest in Arizona during the Keating fiasco mainly in the '80s with respect to detached housing, appears the case citings would be irrelevant to what is actually occuring here.
And, of course, bottom line it is the attorneys and brokers who are making out like bandits (both in their representations in such actions, and in their involvement in many of the LLCs purchasing these properties), through their 10-15 year lobbying efforts at, it appears, both the state and federal levels (as with the Fannie Mae and Freddie Mac PUD riders which acknowledge this collusion).
And this 'remedy' is also being promoted now since there have been so many unlawful takings now being reported to both the legislators and agencies - since 'threatening' and actually unlawfully foreclosing on homes is part and parcel of the entire scam.
Whether homeowners know of this 'remedy' or not is irrelevant - by the time the matter has reached this portion with the harassment and such it appears which precedes it, most neither have the financial resources nor emotional or mental fortitude after such abuse to proceed with this rather weak excuse for a 'remedy.'
Posted Nov 23 2007 10:05PM CET
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Username withheld
Phoenix, Arizona |
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Return to 'Unconscionable Arizona HOA foreclosure sales' |
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