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She lost her job. Her husband died. Then HOA foreclosed her $150,000 home and sold it... for $3100

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charlie Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 04:41 AM
Original message
She lost her job. Her husband died. Then HOA foreclosed her $150,000 home and sold it... for $3100
BURLESON — Time is running out for Sherre Mueller to get her house back.

She lost it to foreclosure; not because she didn't pay her mortgage or her property taxes, but because she fell $1,200 behind on her homeowners' association fees.

Mueller faces eviction in July. "I'm homeless," she said. "I have no where to go."
...

"I wasn't taking care of business; it's my fault — I'll say that right up front, I know it's my fault," Mueller said.

She thought the Mistletoe Hill homeowners' association would just put a lien on her house — not sell it.
...

The $150,000 property was sold to a company in Dallas for just over $3,100 — that's the $1,200 Mueller owes plus legal fees.

She has until July 6 to match the price or be evicted, but Mueller is still unemployed and says she is still financially devastated.

"I don't know what to do," she said. "I'm at a loss right now; I'm terrified."

http://www.wfaa.com/news/local/HOA-forecloses-on-Burleson-woman-for--93650764.html


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Systematic Chaos Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 04:48 AM
Response to Original message
1. Did she lose her fucking bootstraps somewhere?
:shrug:
























































































Do I really need the :sarcasm: tag also?
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hfojvt Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 08:49 AM
Response to Reply #1
29. you might need the sarcasm tag
because if she owns a $150,000 house free and clear, then why can't she borrow on the equity? You borrow $20,000 with $150,000 collateral. Pay the $3,100 and you still have almost $17,000. With that money you pay your living expenses for over 6 months, including payments on the loan. If she doesn't find a source of income at some point she is kinda screwed no matter what. Although she might be able to sell the house in six months. If she gets $100,000 for it, then she is still left with $70,000 to live on after she pays the loan.
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Javaman Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 09:54 AM
Response to Reply #29
35. It's waaaaaay down at the bottom of the post. nt
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laughingliberal Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 03:03 PM
Response to Reply #29
43. Perhaps her credit rating has suffered while she has been unemployed. nt
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liberalhistorian Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 04:58 PM
Response to Reply #29
48. The problem is, you can't just automatically borrow
on your home equity anymore, certainly not nowadays. It's nearly as difficult in some areas as getting a new mortgage. She doesn't have a job or enough liquid assets/reserves, so that, alone, would make it almost impossible to get a HELOC.

And may I say that, as a former real estate paralegal, I absolutely LOATHE HOA's. With a deep, abiding, royal passion.
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MadMaddie Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 08:07 PM
Response to Reply #29
67. Banks aren't loaning money.....
she needs a lawyer.
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atreides1 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 04:51 AM
Response to Original message
2. If this is what being a "Christian" is all about
Then none for me, thanks.
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Dorian Gray Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 05:11 AM
Response to Reply #2
3. The story is so sad
and frustrating and horrible, but what does it have to do with anybody being Christian?
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ProdigalJunkMail Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 07:00 AM
Response to Reply #2
9. where the fuck do you get anything about an HOA being a
'christian' business? fuck, religion isn't mentioned ANYWHERE in the whole story! You have a seriously fucked up view of the world and your place in it if you go around thinking every fucking tragedy is about religion somehow...

fer fuck's sake...

just DAMN!

sP
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LanternWaste Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 09:18 AM
Response to Reply #2
34. I think it has more to do with...
I think it has more to do with being a citizen constrained by the financial system rather than anyone's belief or lack of belief in any particular faith.

Granted-- both religions and financial systems are wholly man-made constructs appearing nowhere but our imaginations, but it seems to me that our consumer culture has placed one much higher than other in allowing it to direct (and in some instances, control) our lives.
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Codeine Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-10 01:32 PM
Response to Reply #2
85. I missed the part where the HOA is a church.
:shrug:
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Xipe Totec Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 05:31 AM
Response to Original message
4. She's in Texas, she can declare a homestead
The Texas homestead exemption began as protection for the wives and children of the early settlers in the event the man of the house was lured into a not-so-honest game of chance or decided he needed a few dollars more to continue a night out on the town. More seriously though, the wives and children of a deceased breadwinner were secure in their home(stead) and could not be removed because of some improper or manufactured claim of debt.

As a state constitutional protection, it has withstood the test of time and remained virtually unchanged as we have moved from the 19th century through most of the 20th century.

The practical protections of the homestead laws prevent any creditor (except for the mortgage holder, a taxing authority, or the holder of a note created for a home improvement loan) from forcing the sale of the homestead to satisfy nonpayment of a debt. It is difficult to "abandon" the homestead protection to borrow against its equity. An owner who wants to maintain property ownership and be able to borrow against its equity would have to move out of the property and demonstrate it is now being used as rental/income- producing real estate and that he or she has established a new homestead elsewhere.

http://www.dallasrelo.com/homestead.html
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SoCalDem Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 05:57 AM
Response to Reply #4
5. But, if she has no income, she'll have trouble staying anywhere
Edited on Thu May-27-10 05:58 AM by SoCalDem
As cold as it sounds, she might be better off moving in with family or friends, selling what she can, and starting again, unburdened.

Having a house is not all it;s cracked up to be these days , and with no income, but determined to stay there, she's tied to the damned place , so looking elsewhere for a job is harder for her.

My friend tried so hard to hold onto an albatross house, and once she realized that it was not really "hers", she was able to cut it loose ..and she;s much happier now without the burden of it all.. Until you make that final payment, you don;t "own" it/..you just "rent" it from the real owner...the bank/lender..and you are responsible for all the upkeep & taxes.

If this woman could not come up with $1200.00 how on earth will she manage to hold onto it.

The shock of it finally happening, is disheartening, but the longer she puts it off, the longer the trauma will continue for her.
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tammywammy Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 06:57 AM
Response to Reply #5
8. She owned the house
She paid it off.
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SoCalDem Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 08:06 AM
Response to Reply #8
10. She needed a lawyer..
it's too bad someone in her family did not loan her the money to either pay the taxes or get a lawyer.. She's pretty much S.O.L. now, unless some lawyer takes pity on her and tries to get it back for her.. but taxes are relentless, as are home-upkeep expenses.
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tammywammy Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 08:30 AM
Response to Reply #10
17. It wasn't even taxes, it was HOA fees
Which the state is hopefully going to crack down on this practice of people foreclosing on homes over HOA fees during the next session.
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tammywammy Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 08:30 AM
Response to Reply #10
18. dupe
Edited on Thu May-27-10 08:30 AM by tammywammy
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LibertyLover Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 08:15 AM
Response to Reply #5
13. Take it from someone who knows first-hand
When you loose your house, nobody wants to know you. Not your family, not your friends, nobody. Move in with somebody? Yeah, great if you can get someone to acknowledge you even exist, let alone offer to put you up for a couple of days. While I understand what you are saying, believe me when I tell you that it doesn't work.
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SoCalDem Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 08:36 AM
Response to Reply #13
22. I helped my friend.. so there is ONE person
:)

I gave her $3k to get her settled into a rental she could afford, and she's now able to sleep nights and not be a nervous wreck :)
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LibertyLover Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 10:48 AM
Response to Reply #22
39. You are a good person!
n/t
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NashVegas Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-10 12:46 PM
Response to Reply #5
78. She Had ASSETS
Jewelry to sell and a 401(k) to cash in. Enough to live on for three years without working a single day, and she couldn't find the time to pony up a $300 check once a year?

Come on ....
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old mark Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 06:50 AM
Response to Original message
6. Rick Santorum used to say that being poor built people's character, so
it was a good thing. He wants to become President now.

This is fucking sad - where are the bailouts for regular people? I guess too much is spent on our wars to have anything left for the real people, not just the rich....


mark
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proudohioan Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 08:42 AM
Response to Reply #6
26. Well shit, Rick......
I have $8.26 in my bank account, have lost my self-sufficiency, dignity, and the last shred of optimism for future generations, so I'm glad you're around to remind me that at least I still have 'character'.....my landlord will be glad to hear that!

Hell, Rick, that makes me want to vote for you TODAY!!!

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bobbolink Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 05:10 PM
Response to Reply #26
53. If what you are saying wasn't so sad, I would...
:rofl:

Instead....:hug:
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verges Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 08:45 AM
Response to Reply #6
27. There were bailouts for regular people.
Did you not notice the $400 tax credit given to 95% of the taxpayer's this year? What the hell was that?
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old mark Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 11:24 AM
Response to Reply #27
40. That was $400, which evidently got lost in the mail for some of us....nt
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onpatrol98 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 05:03 PM
Response to Reply #27
50. You meant this sarcastically, right?
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proudohioan Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 06:17 PM
Response to Reply #27
56. Crumbs?
Just a guess, and I'm sure it makes up for the poverty wages that we have all been subjected to....

Amazingly enough, even WITH that $400 tax credit, my SO, with an AGI of 37,000, STILL owed almost $1100 this year! I guess he was just doing 'too well'.......
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snooper2 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-10 01:16 PM
Response to Reply #56
84. or not claiming the right number of exemptions
nt
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proudohioan Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-10 01:46 PM
Response to Reply #84
86. Yeah, claimed the same # as last year...
but had gotten a 3.4% raise, and never changed his exemptions from two to zero to counter that.

Since he had no other deductions, I told him he should probably drop down to zero on his w-4.

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marshall Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 06:55 AM
Response to Original message
7. Those homeowner's associations are cut throat
I guess it comes with the desire to band together in an elitist neighborhood.
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SoCalDem Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 08:07 AM
Response to Reply #7
11. and the desire to have someone else mow the lawns & of course
those "planned communities" usually offer amenities like clubhouses, gyms & entry-guards,... Those things are not free..
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CreekDog Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 08:22 AM
Response to Reply #7
15. No
If you live in a condo, the HOA is how things are managed.

I'm president of an HOA and we definitely aren't cutthroat or elitist. We simply have shared walls and roofs and other community areas and the HOA is how things are legally set up to run.

We're also frequently in the position of protecting the interests of everyone who pays from those who do not or would not without taking action to make them do so.
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hobbit709 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 08:38 AM
Response to Reply #15
24. Haven't seen a HOA that sooner or later didn't get run by
Edited on Thu May-27-10 08:38 AM by hobbit709
a bunch of petty dictators.
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Blue_Tires Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 10:36 AM
Response to Reply #24
38. +1
i used to cover community news and dealt with quite a few of them and civic associations...about 75 percent of the draconian stuff on their books wouldn't last 30 seconds in court before being declared illegal (if anyone challenged it...)
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liberalhistorian Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 05:03 PM
Response to Reply #15
51. Yeah, right. So, instead of trying to work something
out with a jobless widower, you'd think nothing of selling her home for peanuts? Sounds like every HOA I've ever had the misfortune and displeasure of coming across in my former position. And I will never, ever be subject to one, ever.
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CreekDog Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 10:08 PM
Response to Reply #51
70. Wow, you've chosen to lie about me
Edited on Thu May-27-10 10:09 PM by CreekDog
in order to accuse me of things i don't think and never have done.

and YOU ARE lecturing me about matters of conscience and character.

any idea what that makes you look like?

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uponit7771 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 08:11 AM
Response to Original message
12. Heart Less Bastards
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cbdo2007 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 08:17 AM
Response to Original message
14. I'm not understanding - how does a HOA sell someone's house?
This doesn't make sense. They can take you to court and stuff to get their money and force you to move but they can't sell your house for pennies on the dollar for you.
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TwilightGardener Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 08:23 AM
Response to Reply #14
16. I don't get it either--there must be a state law that awards them title when
Edited on Thu May-27-10 08:23 AM by TwilightGardener
someone doesn't pay their dues. Which is why I would never live in a HOA neighborhood. Who the hell are they to take possession of someone's house?
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tammywammy Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 08:31 AM
Response to Reply #16
19. This has been big big news
Edited on Thu May-27-10 08:31 AM by tammywammy
Supposedly the Legislature is going to tackle this issue during the next session and slap the HOAs back.
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TwilightGardener Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 08:37 AM
Response to Reply #19
23. Good--no one should lose their home over HOA fees--the HOA can sue, place a lien, revoke
privileges, etc.--all fair and acceptable when someone doesn't pay, but how on earth do they have the power to seize a home and sell it? It's ridiculous.
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tammywammy Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 08:40 AM
Response to Reply #23
25. I agree
If you go to the WFAA link there's a lot of stories about HOAs on the right side of the article. Also you can search www.dallasnews.com for more as well. I'm so thankful that I don't live in an area with an HOA, and you know what our neighborhood looks just fine.

Sure put a lien on the house, but seizing a house is giving them waaaay too much power.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 08:56 AM
Response to Reply #23
30. We can evict in our state, but we do not obtain ownership and cannot sell.
Edited on Thu May-27-10 08:56 AM by WeDidIt
We can rent to recover the past due amount, legal fees, and expenses incurred in renting, but we cannot sell.

In practice, we never get that far. The 2 cases where we have actually evicted, the houses were vacant when the sheriff showed and the banks foreclosed within weeks of the final eviction.

We got to the point of bringing the sheriffs out 37 times total since I've been on the board. Of those, 35 came up with a cashiers check within two hours of the sheriffs showing up and became current on their bills.

Sadly, this is usually over about $700 in past due association dues. We work with people and they have ample opportunity to do so. Our dues are $35/month, so we're talking people are about two years in arrears when the sheriffs show up. Their total bills, however, exceed $2500. Everything beyond the dues are legal fees. The first attorney letters don't go out until they are 6 months behind and even then, they can work out a payment plan to get up to date. In fact, our position has been very clear. We are willing to work out a payment plan all the way up to the court order that gives us the power to evict and after that day we must have 100%. That's nearly two years of being willing to work with somebody.

And the 35 homes we've recovered the full amount from? It's mostly the same 12 homes multiple times.
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TwilightGardener Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 09:04 AM
Response to Reply #30
31. Evicting for the purpose of renting doesn't sound very cost-effective--
Edited on Thu May-27-10 09:04 AM by TwilightGardener
in terms of recovering fee money. The home needs to be cleaned out and brought up to speed, maintenance-wise, in order to do that, I would think. Plus, the homeowner might just take things they own, like appliances--the way they do during regular bank foreclosures. I don't think that's a good idea in practice, but it might make an effective threat.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 09:10 AM
Response to Reply #31
33. We've never actually rented.
As I said, the two times where eviction actually occurred the homeowners had vacated before the sheriffs showed up and the banks foreclosed shortly thereafter.

In fact, that has become our de facto strategy when we have to actually evict. Just wait it out because the bank will end up foreclosing if it actually gets that far. We figure if they are two years behind and have ignored the dozens of attorney letters, subpoenas, and court orders then we figure they have bigger worries from their mortgage holder.

There is one home, though, that we've had to go all the way to bringing out the sheriffs three times. If we ever actually evicted that one, we'd clean up the place for rental and charge it all to the account just because the place needs cleaned up desperately and there's nothing we can do to force him to do it (we were left with an inadequate declaration by the developers and amending it is next to impossible). Sadly, this guy pays an average of $215/month for his $35/month dues because he simply ignores them and lets it get to the point where the sheriffs come to kick him out before he pays.
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cbdo2007 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 08:34 AM
Response to Reply #16
20. I wouldn't live in a HOA either if I can help it.
When my wife and I were house shopping, HOA wasn't completely off the table but was definitely looked down on. I've heard of HOA's with the stupidest rules! It's really just people wanting to exert their power and dominance over others.
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liberalhistorian Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 05:14 PM
Response to Reply #20
54. Did you ever see the X-Files episode that dealt
with this? Strange stuff was happening in a condo area and Mulder and company were checking it out. It turned out to be an HOA whose leadership was out-of-this-world dictatorial, in that it dictated not only every little petty thing imaginable, but punished those who went against the slightest rules by sending its own underground "monster" after them.
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 08:35 AM
Response to Reply #14
21. Maybe it depends on the State but you can't do that in VA.
At best they can put lien on the residence.

There is one guy in my neighborhood which has over a decade of HOA leins on his home.
If he sells they will need to be settled in escrow before ownership is transfered but I doubt he will ever sell.

Some states must give HOA a lot more power (and in this instance WAY too much power).
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 08:47 AM
Response to Reply #14
28. In most states HOA's hold rights of lien on all member homes
Most states will not allow a home sale to close without signoff from the HOA that the bills are up to date.

In my state, the HOA has first right of lien which means if the bank forecloses and the home is not up to date on the HOA dues, the HOA gets its money first.

We have the right to evict if somebody lets it get that far, and we have done so. We do not have the right to sale, however. We can rent the home until the HOA recovers all past dues, legal fees, and expenses incurred in renting the home at which time the original homeowners are free to move in. In practice, that does not always work out. In the two cases where we actually evicted the homeowners, the banks finished their foreclosure proceedings within a matter of weeks after the eviction, took ownership, and paid the bill.

In my time on the board of directors for our HOA, we have gone all the way to the sheriff showing up to evict 37 times. Of those, two actually ended up in eviction. Both had already vacated the premises before the sheriff showed and both ended up being foreclosed.
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flvegan Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 03:52 PM
Response to Reply #14
45. In Florida and some other states, the HOA can place a lien for unpaid assessments.
If that lien isn't satisfied, they can file a foreclosure action and foreclose the lien, taking title to the property. However, that HOA is now on the hook for any mortgage or other debt that was superior to their lien when filed. If the HOA doesn't make the mortgage payments/pay it off, the mortgage can then be foreclosed wiping out the HOA's interest in the property.

So, for example, this case acted out in Florida, they'd foreclose the value of their lien, $1200 plus attorneys fees and costs and get Final Summary Judgment in the amount of $3k and would then bid at the sale up to that $3k. Then, they'd have to start paying the prior debt on the house. Plus the taxes. Plus the insurance.
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liberalhistorian Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 05:06 PM
Response to Reply #14
52. They put a lien on the property and then are able
to file a foreclosure to collect on the lien. It isn't just mortgage holders who can foreclose on a property. Anyone who has a lien against a property, no matter how small, can file a foreclosure action demanding that the property be sold and they then be paid the amount of the lien, plus costs, from the proceeds. It happens a lot more than you'd think.
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Subdivisions Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 09:06 AM
Response to Original message
32. Damn, that's right down the road from me. Hits close to home. =( n/t
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Cleita Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 09:59 AM
Response to Original message
36. This isn't the first time I have heard of a widow down on her luck who
has had a home sold out underneath her and her children for a fraction of its worth. There ought to be a law. At least they should get market value, take what's owed them and give the rest of the money to the evicted owner so they can start over again. It's criminal what we do to people who are slipping between the cracks in this country. I'm beyond disgusted. This really amounts to legalized thievery.
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prolesunited Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 10:01 AM
Response to Original message
37. Well, I certainly hope the people in her community see this
and give her the help she needs. Can't imagine losing your job and your husband. Of course she's probably depressed and let things slide. It's hard just getting out of bed some days.
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Confusious Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 11:51 AM
Response to Original message
41. homeowners' associations
Edited on Thu May-27-10 11:51 AM by Confusious
Fucking NAZI bastards as my Jewish friend says. He doesn't use the comparison lightly.
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Liberal_in_LA Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 02:58 PM
Response to Original message
42. sad story. I hope someone comes to her aid.
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gmoney Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 03:43 PM
Response to Original message
44. well, she can match the price and buy it back.
Surely if she had the assets to live in a $150,000 home, she could scrounge up $3100 by selling or borrowing.

She'd need almost $3100 to get an apartment with first/last/deposit and moving costs.
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Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 03:54 PM
Response to Reply #44
46. "Surely" - - No. Not in this day & age. Some people are a breath away from homelessness.
Any of the options you propose may well be out of her reach :(
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Greyhound Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 06:24 PM
Response to Reply #44
58. Ever wonder why so many people all over the planet think Americans are the
dumbest assholes on earth?


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hunter Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 09:21 PM
Response to Reply #58
69. We put up with crap that would have other peoples rioting in the streets.
Our "health care" system, for example...
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NashVegas Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-10 12:59 PM
Response to Reply #44
82. She Could Raise Almost $1k Just By Selling the Copper Cookware in Kitchen
You can see it in the video. Something like an 8-piece set.
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Lorien Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 04:53 PM
Response to Original message
47. I wish I had that kind of money. I'd give it to her
but I'm out of a job too. May SOMEONE with money to spare save her!
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WinkyDink Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 05:00 PM
Response to Original message
49. Nice that we still have billionaires, though.
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southernyankeebelle Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 05:18 PM
Response to Original message
55. I WANT TO FUCKING SCREAM. Where the hell is the compasion in this country?
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Nikki Stone1 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 06:21 PM
Response to Reply #55
57. It's not about compassion. It's about why an HOA can put your out of your house.
This is ridiculous that the woman was paying her mortgage but lost her house due to an HOA. HOAs are evil and need to be destroyed. They make a mockery of private property as a concept. It's never yours: even if you own your house outright, the HOA can demand you keep paying and paying.
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kelly1mm Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 06:43 PM
Response to Reply #57
60. couldn't you replace "HOA" with "County Tax Office" and have the same result? n/t
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Nikki Stone1 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 06:48 PM
Response to Reply #60
61. At least the county tax office represents my government. HOA represents
the selfish busybodies who have nothing else to do but spend other peoples' money. May they all rot.
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kelly1mm Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 07:01 PM
Response to Reply #61
62. An HOA is actually one of the purest forms of "government" in that it is
totally voluntary, unlike the traditional government of the feds/states/counties/etc that you really can't opt out of. Anyone who is subject to HOA "government" has volunteered to do so by purchasing a property subject to an HOA. I agree they suck and the one provision I had for my realtor was NO HOA's (and minimal restrictive covenants) when I bought my house. I just don't see the point of vilifying some organization that the person subject to the rules volunteered to be subject to.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 07:22 PM
Response to Reply #62
66. PRECISELY, it's a contractual agreement
She agreed to pay the dues when she purchased her home.
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tonysam Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 07:15 PM
Response to Reply #57
64. Those things are the most evil things on the planet--or just about.
I agree they should be outlawed.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 07:20 PM
Response to Reply #57
65. The only reason HOAs even exist are so cities and towns can abrogate responsibilities
This is no different from nonpayment of taxes only an HOA is a private form of government that you contractually agree to.

She signed a contract. Like it or not, the contract is valid. She is responsible for payment and failure to pay can end up in you losing your right to your property.

Where I live, you CANNOT buy a home that is not in an HOA. That is why I got involved in the HOA and sit on the board. It's too important not to.
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Patiod Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 08:48 PM
Response to Reply #65
68. Just curious - what general area do you live in?
My friend lives on the far west side of Phoenix, and all of those communities are HOAs.

I'm blessed to live in an area where they are pretty uncommon. The township is pretty damned invasive, but at least I can vote out the commissioners.
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NashVegas Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-10 12:44 PM
Response to Reply #55
77. This Is Less About Compassion and More About Stupidity and Arrogance
But she let the $300 annual HOA fees go unpaid for four years.

"I wasn't taking care of business; it's my fault — I'll say that right up front, I know it's my fault," Mueller said.

She thought the Mistletoe Hill homeowners' association would just put a lien on her house — not sell it.


The house was PAID.She had the assets to raise money for other necessities while she remained unemployed, but neglected to scrape up $300 for four years running.
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kelly1mm Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 06:41 PM
Response to Original message
59. I wonder if there would be so much outrage if the state/county sold her
house for unpaid taxes? My county is about to do it's annual tax sale. In a county of 120,000 people, there are over 800 properties on the block for back taxes averaging 2.5% of assessed value.
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Gormy Cuss Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 10:56 PM
Response to Reply #59
71. To me, it's no different.
Edited on Thu May-27-10 10:57 PM by Gormy Cuss
If it needs to be sold to satisfy the lien, fine but it had better be sold at market value.
eta: for a primary residence, that is.
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kelly1mm Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 11:29 PM
Response to Reply #71
73. From my research the tax sales usually sell for about 40% assessed
value and foreclosures usually sell for between 60-80% of assessed value. As "market value" of distressed properties is very low as there generally is no opportunity to see the interior of the property or inspect any systems, those facing foreclosure do not fare very well. Add in the auction fees/attorneys/IRS liens fees etc and the property owner get little to nothing in these distressed sales. That is however, the "market value" for those types of sales.
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Gormy Cuss Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-10 12:22 PM
Response to Reply #73
75. Nothing about the house mentioned in the OP suggests that it's distressed.
Edited on Fri May-28-10 12:44 PM by Gormy Cuss
Assessed value is quite often different from market value. In rapidly changing real estate value periods assessments can be out of sync with market value and that difference can mean that assessed value is either much higher or much lower than current market value. Market value is fluid but a qualified appraiser or realtor can make the assessment for current conditions.

Requiring that properties be sold at or near market level isn't asking much.
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kelly1mm Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-10 12:37 PM
Response to Reply #75
76. I was using "distressed" as to mean non regular MLS listing sale.
This includes sheriff's sales, tax sales, foreclosures etc. In my state assessed value is supposed to be 100% of "market value". I know in some states it is different. I also understand that in states where the housing market has declined that assessments are out of whack. The definition of market value is what a willing buyer will pay a willing seller. Distressed property sales take out the willing seller and replace with forced seller.
Assuming forclosures/tax sales will be significantly below "market value", what would you propose the county do to collect it's tax revenue if the bid at the tax sale is less than "near market level"? Their cash flow needs will not allow for simply carrying the lien on the books till the property is transfered.
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Gormy Cuss Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-10 12:58 PM
Response to Reply #76
81. I would propose that the county use due diligence to sell the property at or near the market value.
Edited on Fri May-28-10 01:02 PM by Gormy Cuss
For one thing, if the bids at tax sales aren't high enough there shouldn't be a sale that day. The county (or other municipal taxing authority) should have the capacity to carry the lien until sale -- it's a cost of doing business. Since the county has already been carrying on without the taxes from the property in question it certainly seems like they do have the capacity to carry a lien for a bit. IF your state has homestead exemptions I'd bet money that the county is carry liens.

Remember that I'm only suggesting selling it at current market value. If the property is on a street of houses that sold for 500K last year but now because of a high rate of foreclosures is unlikely to get more than 150K, the latter number is market value. If the county lien is 20K plus an estimated 10K in expenses related to carrying the lien and disposal, selling it near market value would clear the books for the county and mitigate the loss for the prior owner.
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tonysam Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 07:14 PM
Response to Original message
63. It's her own damned fault she didn't live within her means. It's her own fault she doesn't have a
job, that bum. She should have treated her husband better.

:sarcasm:

However, there are people on this board who argue this nonsense with utter seriousness.
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Berserker Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 11:14 PM
Response to Original message
72. Is she better than a renter?
Edited on Thu May-27-10 11:15 PM by Berserker
Many people who rent and can't pay are put out in the streets and no one says SHIT. Where are all the posts? I have been there. Millions of sad stories in this country and I see so many who pour tears for people like this because they lost a home. Even if you rent it is still a home. It is just another fucking sad story among many thousands. In a response to this story someone said I hope someone helps her. Why is that is she better than a renter?
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NNN0LHI Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-10 06:14 AM
Response to Original message
74. Had some redneck move in next door to me about 20 years ago
We have an HOA here. First thing this dip shit wanted to do was build a two and a half car garage in his backyard. Right next to my house.

All the homes out here including his already have at least two and a half car attached garages.

This idiot wanted to do body work on the side in his garage in his backyard. Next to my house. Just what I wanted. After spending 12 hours in an auto factory come home and listen to this idiot banging around and welding on cars. Noise and smoke. Just what I wanted here.

He withheld his dues for a while too. Thinking he could force the HOA into giving him a permit for his stupid fucking garage next to my house.

It took putting a lien on his house to get this prick to pay what he had agreed to pay when he bought the house.

Needless to say I like having an HOA here. If I ever get to the point I can't afford the dues I will sell the house.

Don
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Bo Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-10 12:50 PM
Response to Original message
79. This HOA is a piece of SHIT
Edited on Fri May-28-10 12:50 PM by Bo
Slap a lien and forget about it....may they rot in HELL..as a former finance officer I am shocked that they are allowed to foreclose for that amount in TEXAS! They are obviously are getting a kickback from the company that bought the note. ASSHOLES.
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NashVegas Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-10 12:57 PM
Response to Original message
80. This Is a Story About the Price of Arrogance, Not Poverty, IMO
I wish people who are talking about how wrong this eviction is would visit the link, look at the house and the woman.

She's got about $800 in cookware hanging from the kitchen ceiling.

It sucks for her that her husband died and, like many people, she was devastated by grief.

She had enough assets to sell and live on for *four fucking years* without working a single day. She *owned the house* outright. I feel bad for her, but can't fault the HOA. Everything she says in the article indicates she had no intention of paying them until she was forced to.

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NNN0LHI Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-10 01:04 PM
Response to Reply #80
83. There is more to this story than we are being told here
My guess is she got into a pissing match with the HOA over something completely unrelated to what she is claiming.

I would like to hear what her neighbors have to say about her.

Don
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NashVegas Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-10 05:58 PM
Response to Reply #83
87. You May Be Correct
The whole thing may be a set-up with the intent of breaking HOAs.

http://www.kvue.com/home/Renewed-effort-in-Austin-to-limit-HOA-powers-94823544.html


It was a story that not only caught your attention, but piqued the interest of state lawmakers.

"You don't seize someone's home that's entirely paid off for a few hundred dollars in back dues," said State Rep. Chris Turner (D-Dist. 96). "That's fundamentally unfair and not right."

Turner is the latest state legislator to tackle HOA reform, and on Monday, he recruited Sherre Mueller to join his fight.

"I want to be an advocate for people to never let this happen again," she said.

State lawmakers have tried unsuccessfully to reduce the powers of HOAs for years. In 2009, two proposals in the House and Senate ran out of time.
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Odin2005 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-10 05:59 PM
Response to Original message
88. Evil, just evil.
:grr:
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johnaries Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-10 06:11 PM
Response to Original message
89. I fucking hate Homeowner's Associations.
They measure your grass to make sure it's not too tall. They dictate what colors you can paint your house. They dictate what flags you can fly and how big they can be. They are nothing but House Nazi's.

I live in the woods - My satellite dish only gets local channels in the summer because of the trees. That's because DishTV has 2 satellites and I can only pick up one when the leaves fill in. DirecTV can't get a signal, period. No cable. No wireless signal, because I'm surrounded by hills. No DSL. So my only internet option is dial-up.

But, I am constantly surrounded by God's own beauty. I don't have grass to mow, my front yard is wildflowers.

And NO "Homeowner's Association". Hell, I pee off the front deck when I feel like it.

Would I move? Hell, no.
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charlie Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-10 08:45 PM
Response to Original message
90. Shipped out to Iraq. HOA sold his $350K home for $3500 for $800 debt
Same story, home owned free and clear sold out from under him. Texas again.
...Michael went on active duty in February 2008 and was sent to Iraq. After he shipped out, his wife May slipped into a deep depression, according to court documents. "A lot of people say that the deployment is more stressful on the spouse than the actual person who's being deployed," Michael, 37, says in an interview with Mother Jones. May Clauer had two kids to take care of—a ten-year-old and a one-year-old with a serious seizure-related disorder. In addition, she was worried sick about her husband. Michael's company was doing convoy security in Iraq—an extremely dangerous job. "It was a pretty tough year for the whole company," he says. "We had IEDs, rocket attacks and mortar attacks, and a few soldiers that were hurt pretty bad and had to be airlifted back to the States."

Seeking to avoid hearing about the situation in Iraq, May stopped watching the news. She rarely answered the door, and Michael says he couldn't tell her when he went "outside the wire"—off-base. May also stopped opening the mail. "I guess she was scared that she would hear bad news," says Michael. That was why she missed multiple notices from the Heritage Lakes Homeowners Association informing her that the family owed $800 in dues—and then subsequent notices stating that the HOA was preparing to foreclose on the debt and seize the home.

In Texas, homeowners' associations can foreclose on homes without a court order, no matter the size of the debt. In May 2008, the HOA sold the Clauers' home for a pittance—$3,500—although its appraisal value was $300,000, according to court documents. The buyer then resold the house to a third person. (Select Management Co., the company that manages Heritage Lakes, declined to comment for this story.)
...

At no point did anyone from the HOA—which is, after all, composed of the Clauers' neighbors—appear to have tried to visit May Clauer's house to talk to her about the problem. "The HOA board members...don't live very far from me at all," Michael Clauer says. There were "neighbors owing much more than us were notified in person of pending foreclosures, but my wife only received a few letters." David Schechter of the Dallas/Fort Worth television station WFAA, which first reported this story, notes that the "Clauers' HOA says homeowners are free to call them, but they do not call or visit homeowners when there's a problem. They're only required to send a certified letter."...

http://motherjones.com/politics/2010/05/soldier-iraq-loses-home-homeowners-association-foreclose
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McCamy Taylor Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-10 08:46 PM
Response to Original message
91. Homeowners associations are the worst. Never associate with one.
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Mimosa Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-10 09:19 PM
Response to Original message
92. OMG
This is what America has come to. *sad*
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