Back from Iraq, Frisco soldier find home sold by HOA

Discussion in 'Up to the Minute' started by fhc, May 17, 2010.

  1. fhc

    fhc New Member

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    http://www.wfaa.com/news/local/Frisco-soldier-comes-home-to-find-home-sold-by-HOA-93829194.html

    FRISCO — A soldier returned home from combat to find his Frisco home, which was owned free and clear, sold off by his homeowners' association.

    While there is a law to protect service members from financial disaster while they're off fighting a war, it is frequently broken.

    On dangerous missions in Iraq, Capt. Michael Clauer of Frisco was responsible for the lives of 130 soldiers. He had a lot on his mind.
     
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  3. Vegas Bride

    Vegas Bride New Member

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    Oh this is just so wrong!!
    I hope they're able to fight this and get the house back, it smells way fishy to me that a home worth several hundred thousand dollars end up being sold for 3,500!
    If they owed the HOA dues, then yes I can see them taken to small claims for that, but to be able to take their entire home is just wrong.
    I've never lived where there's a HOA and reading things like this I know I never will. Power changes people.
    It's sounds like his wife was having a horrible time and no one was around to reach out to her, just so sad.

    VB
     
  4. MagicRose99

    MagicRose99 Watch out for my thorns!

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    At least they're suing the HOA under the military act. I hope they win.

    The HOA says they were "unaware" this was a military family. Gee... you'd think idiots like these might actually do a little investigating before they take such severe action.

    But, no... bullies the lot of them!
     
  5. Kimberlyd125

    Kimberlyd125 Softball is for everyone. Fast pitch is for athlet

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    I don't understand. If he owned it free and clear, how did they sell it.
    Who is listed as the vendor on the sale? When a house sells, research is done on the title to make sure the seller is the legal owner.

    I don't see how this is a legal sale.
     
  6. Kimberlyd125

    Kimberlyd125 Softball is for everyone. Fast pitch is for athlet

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    Things must be done a lot different in Texas.
    Here, if you are behind on your HOA dues, they can't just take your house!
    I find this crazy.
     
  7. raeann

    raeann Well-Known Member

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    I have not only lived where there are HOA's, but also served on the executive boards of these organizations. There is NO reason to have done this, the most that should have happened, in any case, is that a lien would be filed against the property. This ensures that when the property is sold by any owner, that the lien will have to be paid as part of the process of settling and closing fees. We had to deal with this sort of thing on occasion, in addition to empty lots that were owned where the HOA had to pay to keep them mowed and weed free. I can't even imagine a situation where the HOA would not be completely aware of the fact that this was a military family.

    jmoo
     
  8. fhc

    fhc New Member

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    This isn't the first time in Texas that this has happened and it is pathetic, but not unheard of. HOA's here have unbelievable power and abuse it. jmo
     
  9. legalmania

    legalmania Verified Paralegal

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    In Florida they were out of control, they wanted one family out because they had God Bless Our House on the front door, they had a rule you couldn't display any religious items, another one because their dog was to big. They finally started taken the Association to court and they had to curve some of their rules, but if you don't pay your association fees a lien is put on your home and they can take your home. What they did to this solider is low, but doesn't surprise me.
     
  10. Jenni979

    Jenni979 Member

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    I am on a HOA here, and the most we do is send you to collections and slap a lein on your property... This is way beyond what I would have expected from any HOA...

    I would wonder if, perhaps, a family member (if not someone on the actual HOA) didn't buy that house... Hmmm....
     
  11. Melly53

    Melly53 New Member

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    Something smells fishy about this whole story. If the wife had been sent a certified letter, which she had to sign for, don't you think she would have at least opened it? I mean how many people sign for certified letters and then totally ignore them? I am curious to know if the HOA would be able to sell a home if there was a mortgage on it? I know that there was not a mortgage on this particular home, but if there had been one, would the outcome have been the same? I can see putting a lien on the property for the unpaid HOA fees, but selling the home seems legally questionable to say the least. I hope the family is able to get their house back because no one deserves this kind of treatment, especially a member of the military.
     
  12. Trident

    Trident Well-Known Member

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    There needs to be an uproar about this, and a thorough investigation. This is one of the most disgusting things I've heard in a long time.
     
  13. MCDRAW

    MCDRAW New Member

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    To think a HOA can just take your home when you own it free and clear is scary. I hope this family wins. No organization should hold that much power.
     
  14. Vegas Bride

    Vegas Bride New Member

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    That's what I'm wondering also. There has to be a way of checking to see who's name is on that property now, I'd like to see that name compared to names on the HOA Committee.

    VB
     
  15. STEADFAST

    STEADFAST New Member

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    The story is fishy from beginning to end to me. Definitely check the current owner for any ties to the HOA. But also check the owner for ties to the wife or her family. Buying the house for $3500 would be a good way to keep from giving half of the house to the husband in a divorce.

    Another thing that's fishy to me is that somehow the wife moved out of the house so the current owners could move in, but she didn't tell her husband? He only found out when he came back? If she was depressed to such a point, how did she handle arranging for the movers? Also, if she wasn't opening mail, how did the utilities get paid? Why weren't the electricity and water turned off early on?

    Plus, how could she be so depressed that she didn't open their mail, even certified mail, but was able to take care of the children?

    I bet this guy can get his house back, but I do think there's more to the story than his wife not reading the mail.
     
  16. legalmania

    legalmania Verified Paralegal

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    Don't they put something on your door when your getting evicted? She didn't read that. She didn't talk to anyone for all that time saying she was to depressed to open the mail. What about the water, lights, heat how did that get paid, unless they had direct billing. I agree SteadFast something is fishy here.
     
  17. luthersmama

    luthersmama Active Member

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    Here in PA an HOA can place a lien on a house AND take it through Sheriff's Sale.

    However, you MUST comply with the Soldier & Sailors Act.

    The wife is culpable too, however. She really should have sought help from Legal Aid or the VA or somebody. If a soldier's wife came to me with a notice of sale that didn't comply with the Act, I would probably handle the case for free and kick the a$$ of the HOA.
     
  18. STEADFAST

    STEADFAST New Member

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    Another thing that's fishy to me is that the house sold at an auction for $3500. C'mon now, if this auction was on the up and up, wouldn't someone have put in a bid for, say, $4,000, or even $100,000? How public was this auction?
    Looks like the parties involved in the sale (going by the defendants in the lawsuit) are the Heritage Lakes Homeowners Association, Mark DiSanti, Steeplechase Productions, and Jad I. Aboul-Jibin.
    http://dockets.justia.com/docket/court-txedce/case_no-4:2009cv00560/case_id-119777/
     
  19. txsvicki

    txsvicki Active Member

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    I can't believe that people would want to live under such a regime where they're told what to do and could possibly have any part of taking away someone's home. I'd rather live in the worst ghetto around than a place like that, and hope the Captain can sue and win for much more than the price of his home. The neighborhood must think it's really high class but they sound very trashy IMO.
     
  20. LadyL

    LadyL Well-Known Member

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    so, are they in divorce court yet?
     
  21. jjenny

    jjenny Well-Known Member

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    Maybe they don't have children. The video did not show any children.
     

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