You cannot spell LIEN without LIE!

Did you all see the last newsletter that included a plea from the revitalization committee?  The one where it stated they "have no lien rights and are not empowered to take your home away from you."

If you have not, here is a copy of that document: 

Now why is this interesting?  Because the revitalization committee (and the HOA) are lying.  They have utilized liens and foreclosures unlawfully in the past.


In case you were wondering, this was a foreclosure on a lien from the HOA for "delinquent" assessments at a time when the covenants and restrictions expired.  Not only that, the HOA continued to file motions against this homeowner after they were notified by an attorney that the covenants and restrictions expired and they had no authority.  Sadly the homeowner was unaware of the law and believed the association and their attorney at the time.  Their property was foreclosed upon by the association and they were made to leave the neighborhood.

The association took their home away.

What is even worse is that they even charged this homeowner for "research" their attorney did into the legal rights of the HOA and the homeowner.  Not once did they mention to the judge that there were no covenants or restrictions and that they did not possess any lien rights.  Not to mention, the title search performed by the association would have shown that 30 years had passed from the date of the root title and that the covenants they were attempting to enforce were expired.

So why are they making these claims that they have no lien rights and they cannot take your home away even though they had clearly filed liens and foreclosed on properties in the past?

They are doing this because they want you to sign away your rights.  The reason why they were able to get away with what they had done in the past is because the homeowners did not know their rights and in court, the judge can only make a determination based on the information presented.  The Association made claims that they were owed money and did things like title searches and "legal research regarding homeowner claims and rights" and "review association documents."  Most attorneys are not familiar with HOA matters or issues regarding the Marketable Record Title Act, and on top of that, lawyers who are typically represent associations because that is where the money is.  When the association and their attorney attempted to collect "delinquent" assessments from other homeowners who obtained qualified legal counsel were pretty much left alone.  They are preying on your ignorance of the law.

Ask them about their past illegal foreclosures and see what their response is, and then ask yourself this question: "What is preventing them from lying in the future?"


And if you think having new board members would make a difference, think again.  Betty Gadd, the new president, was informed on May 5th, 2013 (and earlier in a written note) regarding the law and the association's rights.  She was personally notified of the Marketable Record Title Act, legal definitions found in statute 720 defining what exactly a "Homeowners' Association" is, and even not-for-profit corporate law.  She was even informed of other issues, like the collection of estoppel fees and how the actions of the association constitute fraud.  

Her response: "Thanks for the new information - we are still in pursuit of our Recall of the Board of Directors!"

In one ear and out of the other.  

Once she became president of the association she pursued legal action against homeowners deemed "delinquent," she sought the collection of various fees in relation to the association's claims, and she continued to insist that covenants and restrictions were still in existence and enforceable despite simultaneously being on the revitalization committee for expired covenants!

Also, by returning that signed form you make it that much more difficult to protect your rights should the association change their mind down the road.  

No comments:

Post a Comment