Soldier in Iraq loses house over $800 in HOA dues (legal, lawyer, soldiers)

[11thHour]

Soldier in Iraq Loses Home Over $800 Debt | Mother Jones

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.

This is criminal. How could this possibly be legal? Their house is sold right out from under them by an HOA that has far to much legal lee-way. I won't say all HOA are but I'd be lying. I guess it doesn't help that all HOA's seem to be universally run by anal orifices. Just another reason to add to the already high mountain of reasons that I won't buy into an HOA development.

[HoldTheBeans]

link wouldn't open for me. How can the Homeowners Assoc sell his house?? Makes no sense.

[sailordave]

Here's the line from the article that threw me for a loop,...
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.
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.

[HoldTheBeans]

Wow I can't believe that.

[betamanlet]

You would need legal proceedings, and you cannot enter a default judgment against someone who is active military duty.

[sailordave]

Originally Posted by betamanlet

You would need legal proceedings, and you cannot enter a default judgment against someone who is active military duty.

Read the article. In Texas, they don't need to go to court to steal your home and the lawyer for the HOA lied in documents stating the home owner was not active military.

[Jaggy001]

I really really detest HOAs.

[sailordave]

Select Management Company Contact
Select Management Company property manager John Brian Vickers jvickers@selectmgco.com
Customer service
customerservice@selectmgco.com
Select Management Company
14801 Quorum Drive
Suite 250
Dallas, Texas 75254

[tablemtn]

I keep telling people not to trust HOAs, and not to purchase houses that are burdened by HOA regulations... but not everyone listens...

[Toyman at Jewel Lake]

I can imagine a few HOA board members disappearing over the next few months....