When Michael Clauer went to Iraq as a captain commanding over 100 soldiers in Iraq, he was likely contemplating many potential dire consequences, but he probably was not thinking about the threat posed by his homeowners’ association. Because Clauer’s wife did not pay the homeowners’ fees, the association foreclosed on his $300,000 house and sold it for $3,500. They owed only $800. The story reveals the gross abuse allowed under a Texas law which gives such associations the right to foreclose on homes for failure to pay ANY amount — and to foreclose without a court order. Select Management Co., which runs the development, has refused any comment.
Michael, 37, went on active duty in February 2008 and, after his deployment, his wife May went into a depression, worrying about him and a ten-year-old and a one-year-old with a serious seizure-related disorder. She stopped opening mail because she was afraid about bad news about Michael and reportedly did not see the due notices for the associational fees.
Even if this were a case of knowingly failing to pay the fees, what happened in the case is outrageous. Without any court order, the association foreclosed on the $300,000 and then sold it for $3,500. The mysterious buyer then promptly resold the house to a third person.
Michael says that the Homeowners’ Association officers live near him and received personal visits to collect on undue fees, but his wife only received letters. They also claim that the homeowners’ association’s lawyer filed an affidavit wrongly claiming that neither of the Clauers was on active duty — since laws protect servicemembers in such cases. It should be noted that not just servicemembers should be protected from such actions. This is an abusive (and highly suspicious) series of transactions.
Despite widespread stories of such foreclosure abuse without court orders, legislators in states like Texas appear unwilling to do anything to create a level of judicial review. Banks and associations are able to act unilaterally against families with little procedural protection for families (here). These banks and associations tend to carry far more weight with politicians than do average citizens.
For the full story, click here.
Nal,
While not to dispel you logical reasoning. I am a person that suffers from depression. I have gone months without opening mail or even talking on the phone. When it get bad. It is really bad, suicide is the only remedy. If one could get off of the couch.
FFleo:
Wise words, FFLeo.
Most people are aware of the hardships our men and women endure while serving their country abroad. It is just as difficult for the wives/children/mothers/fathers of those serving which can sometimes be easily forgotten.
We used to receive post deployment classes upon returning from theater. One of which was the importance of understanding the difficulty that a deployment can be for a spouse. I’m sure it is even worse for families of those who serve in the reserve military, as they are not as accustomed to the military lifestyle as those who serve on active duty.
Even ol’ Elvis the Pelvis’ had the ‘blues’ sometimes…
“The wife’s story is fishy. She didn’t open mail?”
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While I know very little about depression, psychology/psychiatry, my understanding is that a clinically depressed individual often cannot handle the simplest of tasks, even like brushing one’s teeth or normal hygiene although they are usually fastidious about such things when not depressed. Therefore, not opening mail (no news is good news) would be something a depressed person might do. Remember too, she had 2 young children—one with problems—for which she had to care. Any parent knows that even the best-behaved children can be a handful—for a depressed parent 2 kids would be a major task.
Perhaps someone who understands depression can comment—especially a professional or someone who has experienced depression at some level that prevented him or her from performing normal tasks at which he or she otherwise excelled.
Shucks, sometimes I have had the rainy day “blues” on a perfectly sunny, beautiful day to the extent that I did not want to even get out of bed.
The more I think about this case, the more I like it. How about a claim for gross negligence against the HOA for proceeding in violation of the Soldiers & Sailor’s Relief Act when dterming active military status can be determined by a click of the mouse on various websites? I also like a claim under the Fair Debt Collection Practices §806 for abuse against HOA’s counsel. Also, if Mrs. Clauer so much as stubbed her toe on the way out the door while moving, I’d consider a negligent infliction of emotional distress claim, too. If as I suspect, someone on the Board’s tipped off the buyer about the bargain sale, I ‘d be thinking conspiracy to defraud. Lastly and assuming the underlying conditions were met, the I think the criminal provisions of the SSRA (50 U.S.C. App. § 532(a)) may come into play. I can imagine no more sympathetic plaintiffs than these.
Ms. EM,
That reasoning does not surprise me. Big companies make big bucks supplying the war efforts with the only offsetting ‘expenses’ being thousands of innocent civilian and soldier deaths and infrastructure devastation–that which big business can rebuild after destroying and at a tidy sum of gold coin.
What a deal: lessen human overpopulation, make billions of dollars, and get shed of them “evil doers” all at once…it’s Gawd’s Plan. Since GeeWu admitted talkin’ to Gawd/Jesus, I can imagine the following “conversation” inside his “brain”
Softly and tenderly Jesus is callin’ Georgie, Oh Georgie, Start War…Start War, Start War…ar…ar, ye who are warmongers Start War…ar..ar!
The wife’s story is fishy. She didn’t open mail? Did she also not make mortgage payments and utility payments, or was it only the HOA dues? I’m not buying the not opening mail argument. I suspect some animosity between the wife and her HOA neighbors.
I think the HOA and its counsel just bought themselves bigger problems than just an $800 bill. Why, I do believe they just bought themselves a huge helping of fraud.
Gee, how bad do I feel …
FF LEO–
According to an article I read at Think Progress, George W. thinks war is good for a country’s economy.
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Former Argentine president says Bush told him ‘the best way to revitalize the economy is war.’
By Zaid Jilani on May 28th, 2010 at 4:15 pm
Oliver Stone’s new documentary South of the Border, which interviews several left-wing leaders of Latin American countries, has unearthed a startling new allegation from Argentina’s former president Néstor Kirchner. During his interview with Stone, Kirchner said he once discussed global economic problems with former President George W. Bush. The former Argentine president says that when he suggested a new Marshall Plan, referring to the WW II-era European reconstruction plan, Bush “got angry” and suggested that “the Marshall Plan is a crazy idea of the Democrats.” Instead, Kirchner says, Bush suggested that “the best way to revitalize the economy is war”:
KIRCHNER: I said that a solution for the problems right now, I told Bush, is a Marshall Plan. And he got angry. He said the Marshall Plan is a crazy idea of the Democrats. He said the best way to revitalize the economy is war. And that the United States has grown stronger with war.
STONE: War, he said that?
KIRCHNER: He said that. Those were his exact words.
STONE: Is he suggesting that South America go to war?
KIRCHNER: Well, he was talking about the United States: ‘The Democrats had been wrong. All of the economic growth of the United States has been encouraged by wars.’ He said it very clearly.
You can see a video of Stone interviewing Kirchner at the following link:
http://thinkprogress.org/2010/05/28/argentine-prime-bush-war/
Ironically, the Captain risking his life fighting in one of America’s *Trillion* Dollar Wars lost his home over an *Eight Hundred* Dollar debt.
HuffPo Headline this AM: ‘Trillion Dollar Wars’
Quote:
What Have we Bought for $1 Trillion?
As of 10:06 on Sunday, May 30th, we will have spent $1 trillion in Iraq and Afghanistan.
http://www.huffingtonpost.com/rep-jan-schakowsky/what-have-we-bought-for-1_b_594031.html
I smell a rat(s). I would be interested in who bought the $300,000 for $3500. Was it a friend of someone on the HOA? What was the resale price? How much profit was made and by whom?
Where was the mortgage holder in all this? Is Clauer still on the hook for mortgage payments?
The tax records for Collin and Denton counties are on-line, so if one knew the address, one could look up the current owner.
“Michael, 37, went on active duty in February 2008 and, after his deployment, his wife May went into a depression, worrying about him and a ten-year-old and a one-year-old with a serious seizure-related disorder.”
_________________
There is no compassion from businesses for this type of understandable human error. I wonder if the HOA made any phone calls to the wife/mother advising her that the payments were in arrears…
What mespo said. I love it when a HOA screws themselves when attempting to screw with others property rights. This kind of flat out bullshit by HOA’s is why I simply will not buy into one. Take care of your own damn house and I’ll take care of mine. If either of us do something rising to the level of nuisance or interference, see you in court. Otherwise? An HOA can get stuffed with their meddlesome nonsense.
AY:
“Under the “Federal Soldiers and Sailors Relief Act.” I do not believe that this is a valid sale. The solider has to consent to service if in Active duty:”
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According to reports I read and as JT mentions, the HOA’s counsel signed an affidavit that neither debtor (soldier or spouse) were covered by the Soldiers and Sailor’s Relief Act. The HOA claims it was an error. I see a fraud case coming and I wouldn’t want to be the HOA’s counsel.
This is ridiculous bullshit. They need to file a lawsuit right now. The $3500 “sale” was clearly conducted in bad faith.
Does anyone know in Texas if they will have problems recovering the house if it’s been resold to a bona fide purchaser?
Under the “Federal Soldiers and Sailors Relief Act.” I do not believe that this is a valid sale. The solider has to consent to service if in Active duty:
Court Proceedings
A service member who is either the plaintiff or the defendant in a civil lawsuit may request a stay, postponement, of a court proceeding in which he/she is a party. A service member may request a stay at any point in the proceedings. However, courts are reluctant to grant stays at the pretrial phase of a lawsuit, such as discovery, depositions, etc. If a judgment is entered against a service member who is unavailable due to military orders, the service member may be able to have that judgment voided.
Can I say Bull Shit.
Sickening… what a theft
Let me guess… the buyer was a relative of an individual on the homeowner’s association board.
Where are the courts?
Are legislators pushing out the judiciary, or is the judiciary getting afraid to take on litigation of the top kill kind?
http://blogdredd.blogspot.com/2010/05/case-of-big-oil-vs-climate-change-2.html