OMG: US Army CPT looses $300,000 home over $800 in HOA dues while IN IRAQ

"In Texas, homeowners' associations can foreclose on homes without a court order, no matter the size of the debt."

I don't think you should blame the Country. It's purely up to the Association.

[QUOTE="StopThePresses"]

[QUOTE="kidsmelly"]

You know I could care less about the money made. That doesn't change the fact it was their fault. The bank had the right to do what they did. Is it ethicaly or morally right? No but it's still the law.

LJS9502_basic

Okay, but it's not reasonable to assume that they could have easily sold it for $300,000. How about even half of its "value"? One fourth? One tenth? $3,500 - $30,000 = still a loss.

Oh yeah, since I'm guessing most people didn't read the article, there was also this:

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.

[QUOTE="LJS9502_basic"][QUOTE="StopThePresses"] That's not what I was discussing at all. (I was earlier, but not here.)

StopThePresses

Oh yeah, since I'm guessing most people didn't read the article, there was also this:

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.

StopThePresses

Yea I was in the military I know about that law and read the article. Depression is no excuse to not pay bills. He couldve of set direct deposit to make payments. The military gets you ready for deployment by telling you what you should do and what to expect and they give yiou plenty of time to get things ready. They also give family support counselling. I think they will lose the case we will see.

Oh yeah, since I'm guessing most people didn't read the article, there was also this:

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.

StopThePresses

[QUOTE="StopThePresses"][QUOTE="LJS9502_basic"] 3500 -800 = profit.....LJS9502_basic

[QUOTE="StopThePresses"]

Oh yeah, since I'm guessing most people didn't read the article, there was also this:

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.

LJS9502_basic

He should have read all the fine print on the contract he signed for his home and prepared himself a bit better. And, as a CPT in the Army, he's probably had soldiers of his own have all sorts of financial problems. As mentioned above, before you deploy, the military has you go through an extremely detailed process of getting your things in order before you ship out. Everything from getting your teeth cleaned to making sure your Will is up to date. I was military myself and know the process well.

Again, while it's really messed up that things worked out for him the way he did, I'm sure he agreed to it when signed the closing papers for his home. He should have been a bit more careful about it. He knew when he joined the military that he'd be deployed, and I'm sure he's heard hundreds of stories of other soldiers who had similar problems (depressed/cheating wives, debts, etc). I know I did, and I was only a Sergeant.

[QUOTE="LJS9502_basic"]

[QUOTE="StopThePresses"] $3,500 - $300,000 = loss Okay, but it's not reasonable to assume that they could have easily sold it for $300,000. How about even half of its "value"? One fourth? One tenth? $3,500 - $30,000 = still a lossStopThePresses

[QUOTE="LJS9502_basic"]

[QUOTE="StopThePresses"] $3,500 - $300,000 = loss Okay, but it's not reasonable to assume that they could have easily sold it for $300,000. How about even half of its "value"? One fourth? One tenth? $3,500 - $30,000 = still a lossStopThePresses

[QUOTE="StopThePresses"]

Oh yeah, since I'm guessing most people didn't read the article, there was also this:

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.

kidsmelly

Yea I was in the military I know about that law and read the article. Depression is no excuse to not pay bills. He couldve of set direct deposit to make payments. The military gets you ready for deployment by telling you what you should do and what to expect and they give yiou plenty of time to get things ready. They also give family support counselling. I think they will lose the case we will see.

Actually depression can be a valid excuse for many things. Depression can be a very very crippling illness.

[QUOTE="StopThePresses"][QUOTE="LJS9502_basic"]No. They were owed 800...anything above that is profit. It's how business works.....

guynamedbilly

There is nothing like that with selling a house. That's a total apples to oranges comparison.

Actually depression can be a valid excuse for many things. Depression can be a very very crippling illness.

Pixel-Pirate

Still the group had the right to do what they did.

[QUOTE="StopThePresses"]

[QUOTE="LJS9502_basic"]No. They were owed 800...anything above that is profit. It's how business works.....

LJS9502_basic

Well, that's great that you have a businesss degree, but I'm not talking about accounting terminology. I'm talking about turning down additional money for no apparent reason. If someone offers me a million dollars and I say, "No thanks," I just lost a million dollars in my book, because that money was effectively mine. The net result mathematically is the exact same thing as if I had a million dollars and gave it to them. It doesn't really matter if I technically ever came into possession of it or not. Again, I'm not talking about accounting terminology.

Also, the may have "profited" in some techincal sense, but they did not even remotely attempt to try to MAXIMIZE their profit, which was my reall point in the first place. What business does this? Obviously if they were feeling charitable, they would not have foreclosed in the first place.

[QUOTE="Pixel-Pirate"]

Actually depression can be a valid excuse for many things. Depression can be a very very crippling illness.

kidsmelly

Still the group had the right to do what they did.

Of course they did, I don't see anyone arguing that they didn't have the right. We're arguing if it was morally right/should they have that right?

And I don't believe they should be allowed to foreclose on someones house with no notice after one payment miss.

[QUOTE="kidsmelly"]

[QUOTE="Pixel-Pirate"]

Actually depression can be a valid excuse for many things. Depression can be a very very crippling illness.

Pixel-Pirate

Still the group had the right to do what they did.

Of course they did, I don't see anyone arguing that they didn't have the right. We're arguing if it was morally right/should they have that right?

And I don't believe they should be allowed to foreclose on someones house with no notice after one payment miss.

To be fair the wife should of known after a few months. I heard and seen people in worst situations still be in the right state of mind to pay the bills on time. Besides she wouldn't open the mail or answer the door what were they suppose to do???

Well, that's great that you have a businesss degree, but I'm not talking about accounting terminology. I'm talking about turning down additional money for no apparent reason. If someone offers me a million dollars and I say, "No thanks," I just lost a million dollars in my book, because that money was effectively mine. The net result mathematically is the exact same thing as if I had a million dollars and gave it to them. It doesn't really matter if I technically ever came into possession of it or not. Again, I'm not talking about accounting terminology.

Also, the may have "profited" in some techincal sense, but they did not even remotely attempt to try to MAXIMIZE their profit, which was my reall point in the first place. What business does this? Obviously if they were feeling charitable, they would not have foreclosed in the first place.

StopThePresses

Of course they maximized their profit. They got as much as they could for the house. You are making assumptions as to potential profit.

Charity doesn't belong in business.....

[QUOTE="kidsmelly"]

[QUOTE="Pixel-Pirate"]

Actually depression can be a valid excuse for many things. Depression can be a very very crippling illness.

Pixel-Pirate

Still the group had the right to do what they did.

Of course they did, I don't see anyone arguing that they didn't have the right. We're arguing if it was morally right/should they have that right?

And I don't believe they should be allowed to foreclose on someones house with no notice after one payment miss.

[QUOTE="guynamedbilly"][QUOTE="StopThePresses"] The amount that was owed to them is wholly irrelevant to what the house is worth, once they have already taken possession of it. That's NOT how business works, at least not businesses operating normally. I can't go buy a used car at a car lot for $500 when they know in all likelihood someone else will come in and be willing to give them $3,000 for it. That's a $2,500 LOSS. Loss of profit is the same thing as a cost, mathematically.StopThePresses

There is nothing like that with selling a house. That's a total apples to oranges comparison.

[QUOTE="StopThePresses"]

[QUOTE="guynamedbilly"] Not at all. Unearned income never was income to begin with. Maybe they could have made more if they sold it themselves, but maybe they didn't want to, or couldn't according to the neighborhood rules. Regardless, it don't matter. TJ MAXX doesn't lose $30 when they sell a shirt for $20 when you would have to buy that same shirt for $50 at the boutique that sells that brand. It just doesn't work that way at all.guynamedbilly

There is nothing like that with selling a house. That's a total apples to oranges comparison.

[QUOTE="StopThePresses"]

Well, that's great that you have a businesss degree, but I'm not talking about accounting terminology. I'm talking about turning down additional money for no apparent reason. If someone offers me a million dollars and I say, "No thanks," I just lost a million dollars in my book, because that money was effectively mine. The net result mathematically is the exact same thing as if I had a million dollars and gave it to them. It doesn't really matter if I technically ever came into possession of it or not. Again, I'm not talking about accounting terminology.

Also, the may have "profited" in some techincal sense, but they did not even remotely attempt to try to MAXIMIZE their profit, which was my reall point in the first place. What business does this? Obviously if they were feeling charitable, they would not have foreclosed in the first place.

LJS9502_basic

Of course they maximized their profit. They got as much as they could for the house. You are making assumptions as to potential profit.

Charity doesn't belong in business.....

This probably wouldn't happen in any other state, as the article states that the law that allowed the HoA to foreclose the house is only valid in Texas. Normally they wouldn't be able to declare foreclosure due to a debt amount of only $800.

Well, for some reason you totally misinterpreted my comment about being charitable. I was saying that they obviously were not selling it way under value out of charity. Anyway... Yes, I am making assumptions as to potential profit. It's a $300,000 house. No individual in their right mind would ever sell a $300,000 for $3,500, unless they were doing it as some kind of favor, so why does a business do it? If you see a $300,000 house...or hell, even a $50,000 house being sold for $3,500 somewhere, please let me know, because I'll be all over it.StopThePresses

Sounds like it was their fault. They aren't above the rules.Dylan_11

False good sir!

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

The homeowners' association lied to get the house.

"May also stopped opening the mail. "I guessshe was scared that she would hear bad news," says Michael. That was why she missed multiple notices from the Heritage Lakes Homeowners Association informing her that the family owed $800 in dues—and then subsequent notices stating that the HOA was preparing to foreclose on the debt and seize the home."

Well...

Yeah, i feel bad for the family but...you should probably keep checking that mail of yours...you never know what might pop up.

[QUOTE="Dylan_11"]Sounds like it was their fault. They aren't above the rules.Guybrush_3

False good sir!

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

The homeowners' association lied to get the house.

Charity doesn't belong in business.....

LJS9502_basic

If charity has no place in business, then business has no place in society.

All in the name of the Almighty Dollar. It makes me sick to see whatgreed has done to humanity. The HOA was likely in NO DANGER of failing due to the decrease in revenue. They took a house that wasOWNED by that family over HOA dues, not rent/mortgage payments. That is innane. TheTX law protects the HOA more than the private citizen, how the heck is that right??

And just because the HOA had the law on its side doesn't make it right. Wall Street was fudging with derivatives (totally within the law) and look where it's brought us.

Screw business. People over profit, period. Especially when that person is a service member.

If charity has no place in business, then business has no place in society.

All in the name of the Almighty Dollar. It makes me sick to see whatgreed has done to humanity. The HOA was likely in NO DANGER of failing due to the decrease in revenue. They took a house that wasOWNED by that family over HOA dues, not rent/mortgage payments. That is innane. TheTX law protects the HOA more than the private citizen, how the heck is that right??

And just because the HOA had the law on its side doesn't make it right. Wall Street was fudging with derivatives (totally within the law) and look where it's brought us.

Screw business. People over profit, period. Especially when that person is a service member.

Ultimas_Blade

So they should bend the rules just because he is enlisted? I don't know where you have been for the past 100 years but this is the world we live in. Rules are rules no matter who you are and no matter your circumstances. The wife was given opportunities to prevent this from becoming a problem, failed to do so and is now paying the consequences.

[QUOTE="LJS9502_basic"]

Charity doesn't belong in business.....

Ultimas_Blade

If charity has no place in business, then business has no place in society.

All in the name of the Almighty Dollar. It makes me sick to see whatgreed has done to humanity. The HOA was likely in NO DANGER of failing due to the decrease in revenue. They took a house that wasOWNED by that family over HOA dues, not rent/mortgage payments. That is innane. TheTX law protects the HOA more than the private citizen, how the heck is that right??

And just because the HOA had the law on its side doesn't make it right. Wall Street was fudging with derivatives (totally within the law) and look where it's brought us.

Screw business. People over profit, period. Especially when that person is a service member.

That does not exist in America, i'm afraid.

Why did he not set up direct deposit? It's their fault they lost the house. I was out of country and had all my finances in line.....LJS9502_basic

This whole thing sounds really sketchy to me. Seems like someone intentionally gave this family the shaft. How can you foreclose a house based on 800 dollars and a couple unanswered letters? His wifey was an idiot for not opening them though, depression or no depression.

This whole thing sounds really sketchy to me. Seems like someone intentionally gave this family the shaft. How can you foreclose a house based on 800 dollars and a couple unanswered letters? His wifey was an idiot for not opening them though, depression or no depression.

Plzhelpmelearn

The did give the family the shaft. They committed fraud by saying in an affidavit that the husband was not active duty.

Call me heartless but I don't have too much sympathy for the wife. The company did what it was legally allowed to do to get its money back. However, there is a problem with that law. Here it is illegal for a financial institution to sell your house significantly below market value, and being allowed to sell the home for $3,500 is extremely unfair.

Blame the law, not the company

Call me heartless but I don't have too much sympathy for the wife. The company did what it was legally allowed to do to get its money back. However, there is a problem with that law. Here it is illegal for a financial institution to sell your house significantly below market value, and being allowed to sell the home for $3,500 is extremely unfair.

Blame the law, not the company

daqua_99

What they did was in fact not legal. They said that the husband was not active duty while he was. Otherwise they would not have been able to foreclose.

[QUOTE="daqua_99"]

Call me heartless but I don't have too much sympathy for the wife. The company did what it was legally allowed to do to get its money back. However, there is a problem with that law. Here it is illegal for a financial institution to sell your house significantly below market value, and being allowed to sell the home for $3,500 is extremely unfair.

Blame the law, not the company

Guybrush_3

What they did was in fact not legal. They said that the husband was not active duty while he was. Otherwise they would not have been able to foreclose.

Then the family should get their house back. The contract of selling the house is void and the house should return to the owners.

[QUOTE="Pixel-Pirate"]

[QUOTE="kidsmelly"]

Still the group had the right to do what they did.

kidsmelly

Of course they did, I don't see anyone arguing that they didn't have the right. We're arguing if it was morally right/should they have that right?

And I don't believe they should be allowed to foreclose on someones house with no notice after one payment miss.

To be fair the wife should of known after a few months. I heard and seen people in worst situations still be in the right state of mind to pay the bills on time. Besides she wouldn't open the mail or answer the door what were they suppose to do???

Not foreclose on a house owned by a military servicemen on tour?

[QUOTE="Guybrush_3"]

[QUOTE="daqua_99"]

Call me heartless but I don't have too much sympathy for the wife. The company did what it was legally allowed to do to get its money back. However, there is a problem with that law. Here it is illegal for a financial institution to sell your house significantly below market value, and being allowed to sell the home for $3,500 is extremely unfair.

Blame the law, not the company

daqua_99

What they did was in fact not legal. They said that the husband was not active duty while he was. Otherwise they would not have been able to foreclose.

Then the family should get their house back. The contract of selling the house is void and the house should return to the owners.

It's a big buisness that has access to high paid lawyers, which means they probably won't lose a court case.

Why did he not set up direct deposit? It's their fault they lost the house. I was out of country and had all my finances in line.....LJS9502_basic

I'm absolutely disgusted you would say that. How can you justify a foreclosure and selling a $300k house for $3500? It's despicable. It's absolutely despicable.

Here's hoping the courts overturn this.

[QUOTE="LJS9502_basic"]

Charity doesn't belong in business.....

Ultimas_Blade

If charity has no place in business, then business has no place in society.

All in the name of the Almighty Dollar. It makes me sick to see whatgreed has done to humanity. The HOA was likely in NO DANGER of failing due to the decrease in revenue. They took a house that wasOWNED by that family over HOA dues, not rent/mortgage payments. That is innane. TheTX law protects the HOA more than the private citizen, how the heck is that right??

And just because the HOA had the law on its side doesn't make it right. Wall Street was fudging with derivatives (totally within the law) and look where it's brought us.

Screw business. People over profit, period. Especially when that person is a service member.

You forget that many many people do depend on business to sustain their lives. Business DOES equal people.

[QUOTE="LJS9502_basic"]Why did he not set up direct deposit? It's their fault they lost the house. I was out of country and had all my finances in line.....chessmaster1989

I'm absolutely disgusted you would say that. How can you justify a foreclosure and selling a $300k house for $3500? It's despicable. It's absolutely despicable.

Here's hoping the courts overturn this.

[QUOTE="chessmaster1989"]

[QUOTE="LJS9502_basic"]Why did he not set up direct deposit? It's their fault they lost the house. I was out of country and had all my finances in line.....LJS9502_basic

I'm absolutely disgusted you would say that. How can you justify a foreclosure and selling a $300k house for $3500? It's despicable. It's absolutely despicable.

Here's hoping the courts overturn this.

He was in Iraq and his wife was suffering from severe depression. Seriously dude, I cannot believe what I'm hearing from you. It's disgusting. You should be ashamed.

[QUOTE="LJS9502_basic"][QUOTE="chessmaster1989"]

I'm absolutely disgusted you would say that. How can you justify a foreclosure and selling a $300k house for $3500? It's despicable. It's absolutely despicable.

Here's hoping the courts overturn this.

chessmaster1989

He was in Iraq and his wife was suffering from severe depression. Seriously dude, I cannot believe what I'm hearing from you. It's disgusting. You should be ashamed.