HeightsGuy Posted April 29, 2005 Share Posted April 29, 2005 http://www.chron.com/cs/CDA/ssistory.mpl/m...politan/3158104What do y'all think about this? Excessive, or did she get what she deserved? Link to comment Share on other sites More sharing options...
debmartin Posted April 30, 2005 Share Posted April 30, 2005 from reading the chron article it's not an easy call. the woman says she received notice that foreclosure took place 7months prior, after she spent a great deal of money fixing the place up. there are very specific rules for foreclosure, the most stringent being notification - a person must be notified certied mail, return receipt and notice of the pending sale posted at the courthouse. so it's hard to believe she's been over at the house fixing it up for all this time and had no intereaction whatsoever with the association. some associations are crooked and aspire to steal property, while others enforce their rights in court when residents become deadbeats.on the other hand, i have seen individuals successfully sued in harris county and judgements rendered against them without any notice delivered whatsoever. there are also stringent rules that apply to civil litigation in harris county, but the rules for service of citation currently in existence are a farce. all you have to do is send out the certified letter return receipt, and after it is returned to you as "undeliverable" or "refused" you can proceed to court, show cause that the suit is unaswered and move for judgment.it should be fair, since people ignore certified mail all the time, but what can also happen is the letter can be sent to a former address where the letter carrier just wants a signature and lets anyone sign. it is not required to show proper i.d. to sign for a certified letter. once the person who signs opens the letter and finds out they have not won a sweepstakes, they chuck it in the trash and forget about it. in the meantime, someone else has just been "served", can be successfully sued, and could possibly lose their property, all without ever going to court. the details in the paper were very sketchy so it's too hard to say whether this woman deserved the foreclosure. from what i read someone stuck a post-it on her door and she never received anything in the mail, so she might have a case to take back to court and retrieve her property - you know i am always pulling for the underdog so i hope this is the case.deb martin Link to comment Share on other sites More sharing options...
mike Posted April 30, 2005 Share Posted April 30, 2005 Had the dispute been mediated in court, Bernhardt would not have lost her home, said state Sen. Jon Lindsay. Some lawyers are making a killing at this. Even if what is owed is paid, they charge them as much or more in legal fees. Link to comment Share on other sites More sharing options...
Parrothead Posted May 1, 2005 Share Posted May 1, 2005 Yeah--I have a serious problem with some HOA's like that. That's ridiculous--foreclosing over 400-some-odd dollars. She's a 52-year old real estate agent? Unless she's some kind of freak, it sounds to me like she truly did not know what was going on. Link to comment Share on other sites More sharing options...
jm1fd Posted May 1, 2005 Share Posted May 1, 2005 http://www.chron.com/cs/CDA/ssistory.mpl/m...politan/3158104What do y'all think about this? Excessive, or did she get what she deserved?<{POST_SNAPBACK}>My interpretation was that she was a real estate investor from California. That's probably how she wasn't aware of anything going on. I don't feel sorry for her either.....it was probably all the bank's money, and its not like she was homeless on the street. Link to comment Share on other sites More sharing options...
jscarbor Posted May 2, 2005 Share Posted May 2, 2005 The law needs to change similar to tax foreclosure. If I'm not mistaken the house can be sold at foreclosure but the owner of the property can cure that debt within 2 years at a rate of 15-20%. That sure sounds a lot better to me? During the 2 years, the person that bought the foreclsure cannot sell the house but they can rent it out or live in it themselves. Link to comment Share on other sites More sharing options...
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