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| Soldier in Iraq Loses Home Over $800 Debt |
| 2010-06-02 |
| Sit down before you read this. Its from MotherJones so.... Michael Clauer is a captain in the Army Reserve who commanded over 100 soldiers in Iraq. But while he was fighting for his country, a different kind of battle was brewing on the home front. Last September, Michael returned to Frisco, Texas, to find that his homeowners' association had foreclosed on his $300,000 house--and sold it for $3,500. This story illustrates the type of legal quagmire that can get out of hand while soldiers are serving abroad and their families are dealing with the stress of their deployment. And fixing the mess isn't easy. 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.) It wasn't until June 2009 that May realized what had happened. Around that time, the new owner started demanding rent from the Clauers. 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 [who] 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." There are a bevy of laws that are supposed to protect servicemembers from losing their homes or jobs while they're on active duty, including the Servicemembers Civil Relief Act (SCRA). The homeowners' association's lawyer filed an affidavit wrongly claiming that neither of the Clauers was on active duty, says Barbara Hale, the couple's lawyer. Hale is seeking to have the court reverse the foreclosure and declare it "null and void," she says. In the meantime, the Clauers have obtained an agreement allowing the family to stay in the home, Hale says. She's "confident that the courts will sort this out and do the right thing," but notes that the drawn-out legal process must be stressful for the Clauers. Guess she's never been to court before, huh? Lauren Bean, a spokeswoman for Clauers' congressman, GOP Rep. Michael Burgess, says that Burgess is "aware of Capt. Clauer's issue," but says it is "office policy to not comment on constituent casework." Even if he can't get his family's home back, Michael hopes that the public will pay attention to his story and push for changes to the laws that give Texas HOAs so much power. "We don't want to see this happen to other people," he says. UPDATE: Several people have emailed asking how they can help. The Clauers have set up a legal defense fund to help pay for their court battle. You can send checks (made out to Clauer Legal Defense Fund) here: Clauer Legal Defense FundThis sounds awfully fishy. The HOA only did the minimal required contact required by law (mail). I wonder if the sleezebag who bought the home for 3,500 has any sort of relationship with a member of the HOA.... Y'think? |
| Posted by:CrazyFool |
| #10 i agree frank street justice seems too egt the message across. Now a few hells angels ata WBC protest and all said and done |
| Posted by: chris 2010-06-02 20:08 |
| #9 agreed that the buyer was prolly a relative/friend of an HOA board member. I'd suggest they publish the names of all involved and let street justice prevail before the courts (which can drag onnnnn) take over. A lot easier to get compensated from a probate court :-) |
| Posted by: Frank G 2010-06-02 19:59 |
| #8 Yup! |
| Posted by: 49 Pan 2010-06-02 16:38 |
| #7 Pan__ I assume you're referring to the "They needed killin'" rule? |
| Posted by: Bill Hupith7863 2010-06-02 13:57 |
| #6 In older terms we call this claim jumping. I hope Texas does the right thing here. |
| Posted by: 49 Pan 2010-06-02 11:43 |
| #5 The homeowners' association's lawyer filed an affidavit wrongly claiming that neither of the Clauers was on active duty, Here is what the law says (1) AUTHORITY FOR COURT TO VACATE OR SET ASIDE JUDGMENT- If a default judgment is entered in an action covered by this section against a servicemember during the servicemember's period of military service (or within 60 days after termination of or release from such military service), the court entering the judgment shall, upon application by or on behalf of the servicemember, reopen the judgment for the purpose of allowing the servicemember to defend the action if it appears that-- (A) the servicemember was materially affected by reason of that military service in making a defense to the action; The judge can reopen this. Now as to the affidavit: (1) PLAINTIFF TO FILE AFFIDAVIT- In any action or proceeding covered by this section, the court, before entering judgment for the plaintiff, shall require the plaintiff to file with the court an affidavit-- (A) stating whether or not the defendant is in military service and showing necessary facts to support the affidavit; ... (4) SATISFACTION OF REQUIREMENT FOR AFFIDAVIT- The requirement for an affidavit under paragraph (1) may be satisfied by a statement, declaration, verification, or certificate, in writing, subscribed and certified or declared to be true under penalty of perjury. This was pretty clearly fraud on the part of the HOA. And its possibly criminal, to give false information on an affadavit to the court, it would be perjury? The law seems to say so. (c) PENALTY FOR MAKING OR USING FALSE AFFIDAVIT- A person who makes or uses an affidavit permitted under subsection (b) (or a statement, declaration, verification, or certificate as authorized under subsection (b)(4)) knowing it to be false, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both. ... (d) PENALTIES- (1) MISDEMEANOR- A person who knowingly makes or causes to be made a sale, foreclosure, or seizure of property that is prohibited by subsection (c), or who knowingly attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both. (2) PRESERVATION OF OTHER REMEDIES- The remedies and rights provided under this section are in addition to and do not preclude any remedy for wrongful conversion otherwise available under law to the person claiming relief under this section, including consequential and punitive damages. Looks like someone from the HOA may be going to jail or paying a fine or both. And it looks like the HOA may be subject to civil and punative damages. Bastards. I hope the courts do the right thing, stick it to the HOA and its scumbag lawyers HARD. |
| Posted by: No I am The Other Beldar 2010-06-02 11:01 |
| #4 and they wonder why the suicide rate is so high among the military returning from duty. You experience the horrors of war only too be shit on when you return home. I hope he burns that house too the damn ground |
| Posted by: chris 2010-06-02 10:09 |
| #3 The homeowners' association's lawyer filed an affidavit wrongly claiming that neither of the Clauers was on active duty, says Barbara Hale, the couple's lawyer. The reason for such an affidavit is the Soldiers and Sailors Relief Act. Any rational judge who knows the law and is presented with this action will hammer the HOA. The problem with the Act is that violations are treated as a civil matter and force the individual to process and pay for the redress. Long time past that elements should have been moved over to the criminal side of the courts. |
| Posted by: Procopius2k 2010-06-02 09:00 |
| #2 The homeowners' association's lawyer filed an affidavit wrongly claiming that neither of the Clauers was on active duty, says Barbara Hale, the couple's lawyer. If wrongly claimed, then that should be it, right? |
| Posted by: Blinky Ulanter3744 2010-06-02 02:43 |
| #1 The HOA should have to pay for this. And the Clauer's dues should not have to go up. That should cause the right amount of shunning and shame. |
| Posted by: gorb 2010-06-02 01:35 |