Texas Homeowners Assn forecloses on home of soldier in Iraq over $800, sold for $3500

[quote name='UncleBob']Yes and no. It's not like you can opt-out of an HOA before or after buying property, or when you want to sell a piece of property.[/QUOTE]
If you want to be part of a HOA, buy a house (or land) in a HOA community.

If you don't want to be part of a HOA, buy property in a community that doesn't have one.
 
[quote name='lmz00']If you want to be part of a HOA, buy a house (or land) in a HOA community.

If you don't want to be part of a HOA, buy property in a community that doesn't have one.[/QUOTE]

But the people that this happened to didn't really have that choice. Did they?
 
[quote name='lmz00']If you want to be part of a HOA, buy a house (or land) in a HOA community.

If you don't want to be part of a HOA, buy property in a community that doesn't have one.[/QUOTE]

And, to an extent, I can agree with that. However, there should be a reasonable way for a private property owner to be able to cancel their contract with a HOA - it shouldn't be an endless agreement for however long the HOA exists.
 
[quote name='WeaponX2099']But the people that this happened to didn't really have that choice. Did they?[/QUOTE]
The wife's parents could've bought her property somewhere that wasn't subject to a HOA. For whatever reason, they didn't.

[quote name='UncleBob']And, to an extent, I can agree with that. However, there should be a reasonable way for a private property owner to be able to cancel their contract with a HOA - it shouldn't be an endless agreement for however long the HOA exists.[/QUOTE]
If even one person were allowed to do that, the purpose of that HOA would be defeated. If they don't like it, they should either try to get on the board (and try to change what they don't like about it), or sell their house and move somewhere else.

It seems like people like the perks of a HOA, but don't like to be subject to the rules that come along with it.
 
[quote name='camoor']LMZ, you have no idea what you're talking about. You're beginning to sound like bmulligan.[/QUOTE]
Do elaborate.
 
[quote name='lmz00']Do elaborate.[/QUOTE]

In that you're viewing this as a black-and-white issue and you're being deliberately obtuse.

There were a variety of options they could have considered wherein this dispute could have been settled equitably, such as filing to garnish wages.

I don't believe you're really so dense as to think this guy should lose his house because he was late on an HOA payment (and to add insult to injury, while he was fighting for his country). You're acting like those people who argue that the RIAA is justified in fining a tween millions because she shared the latest Jonas Brothers CD on Limewire.
 
[quote name='lmz00']Community amenities need to be maintained. The HOA pays to maintain them. If you're not paying the dues, then you're basically using things that your neighbors are paying for.[/QUOTE]
Any company that provides a service at a cost is in the same situation when a customer doesn't pay. That doesn't give them the right to take your home and leave you with nothing.

There is a reason that nobody allows this but Texas and (I think) one other state. There is a reason why your home has certain protections under the law that other assets would not. What they did was insane and unjustifiable.

Nevermind that the guy was a soldier, out protecting the very scumbags who chose to take the most extreme remedy available to them without ever reaching out to the owner beyond the minimum notices required by law. These things are happening because these associations are given incredible amounts of power with no requirements for transparency or accountability. A municipality could never have done this and for good reason.


As far as their argument about the house not belonging to the soldier but to the wife's parents, if that were so, then would they not have failed to notify the correct party about the foreclosure proceedings (via certified mail) as required? How could you possibly have an argument that works both ways?
 
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[quote name='dafoomie']How does being late on your HOA dues adversely affect your neighbors[/QUOTE]

It raises the rates your neighbors have to pay (in the long run). Also it becomes more difficult to fund things like new sidewalks, siding, roofing, and road up keep. Typically your association dues have a fund of sorts that pays for the up keep of these projects.

[quote name='dafoomie']As far as their argument about the house not belonging to the soldier but to the wife's parents, if that were so, then would they not have failed to notify the correct party about the foreclosure proceedings (via certified mail) as required? How could you possibly have an argument that works both ways?[/QUOTE]
If that were true then you'd be correct and they did notify the wrong party. Any good lawyer (key word is good lawyer) could overturn the sale of this home. Bottom line is I see this being in court for a while. Also if this homeowner's association is as disorganized as most of the ones I've seen then it wouldn't shock me if they were operating under the assumptions of a lot of legal gray areas. Truth be told any contract no matter how well thought out and written isn't worth dick in court. Judges have the final say and could easily say foreclosure of a home is a form of punishment...only judges are allowed to issue punishment...and one thing my many Business law and contract laws have taught me is that judges hate contracts that have punishments written in them. That alone could get the contract thrown out or cause injured partys (the family, the new owner, and the auction purchaser) to get awarded damages.
 
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The fact the husband is a solider has no bearing on the situation.

The wife's parents live in the Philippines. The title is in the wife's name. The wife supposedly went off the deep end and became a recluse.

Regardless of any of that, it is within the law in Texas for an homeowners' association to foreclose on a house regardless of the amount owed to them. The HOA sent 4 registered letter over the course of a seven months before foreclosing. It took over a year from that point for the wife to figure out that the house was foreclosed and sold to a third party. That is almost two years she could have amended the situation.

It is a shitty situation but it was her fault and the HOA were within their power to do what they did. Selling it for $3500 seems shady as hell so I'm interested with who bought it at that price to flip.

The million dollar question for me is if the parents could afford to paid $300,000 in cash for a house, why didn't they fly over to America when they found out how bad she was coping with her husband's absence? I mean, shit, ignoring the bill situation, she has two kids. That isn't fair to them.

Also, how was she paying her other bills if she wasn't opening any mail? Did she have an online/automatic payment thing set up?
 
[quote name='Sporadic']The fact the husband is a solider has no bearing on the situation.

The wife's parents live in the Philippines. The title is in the wife's name. The wife supposedly went off the deep end and became a recluse.

Regardless of any of that, it is within the law in Texas for an homeowners' association to foreclose on a house regardless of the amount owed to them. The HOA sent 4 registered letter over the course of a seven months before foreclosing. It took over a year from that point for the wife to figure out that the house was foreclosed and sold to a third party. That is almost two years she could have amended the situation.

It is a shitty situation but it was her fault and the HOA were within their power to do what they did. Selling it for $3500 seems shady as hell so I'm interested with who bought it at that price to flip.

The million dollar question for me is if the parents could afford to paid $300,000 in cash for a house, why didn't they fly over to America when they found out how bad she was coping with her husband's absence? I mean, shit, ignoring the bill situation, she has two kids. That isn't fair to them.

Also, how was she paying her other bills if she wasn't opening any mail? Did she have an online/automatic payment thing set up?[/QUOTE]
You're my hero.
 
Greed and disregard for other humans at its finest.

Legal and within the HOA's rights or not, how can you sleep at night knowing you are an absolutely disgusting human being?
 
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