Saturday, October 30, 2010

Getting balmy in Palm Beach


— To some people they were just ducks. To Robert and Blain Aymond they were feces-spewing, orchid-eating disease bags with wings.

The webbed-foot menaces tore up the lawn and pool screens at their lakefront home in the Frenchman's Landing community near Palm Beach Gardens, defecating, copulating and squawking with brazen aplomb.

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The horror! If it seems that people who live in Privatopia have too much time on their hands and need to get a life, this story only reinforces that perception. Where else do neighbors fight each other over a bunch of ducks?

Read the rest of this story here.

Monday, October 25, 2010

There better be skin: Nudist HOA claims resident clothed too much

LUTZ, Fla., Oct. 25 (UPI) -- The homeowners association of a Florida nudist park wants to evict a disabled resident said to be disruptive and not nude often enough.
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You can't make up some of the stuff like this that comes out of Privatopia. Read the rest of the story here.

Saturday, October 23, 2010

Residential mortgage market meltdown: the Halloween sequel

The first part of this story involved lenders issuing mortgages without adequate underwriting, producing a lot of non-performing loans. When those loans were packaged and sold as securities, financial markets realized that lots of paper bags filled with excrement were ablaze on their doorstep. That largely prompted the financial market meltdown in 2008 from which the economy is still struggling to recover.

Just in time for Halloween comes the sequel in this financial horror story. As this New York Times article points out, the devil is in trying to unwind these bad debts and repossess the underlying properties. No easy feat considering that those stinky sacks of crap passed through a lot of hands, making it very difficult to sort out the individual notes in each bag.

Update 10/29: American Public Media's Marketplace radio program did a segment on today's show on the difficulty matching the notes in these troubled mortgage backed securities to the actual properties securing them, effectively rendering these securities worthless "zombie bonds" and setting the stage for litigation brought by understandably unhappy investors. Check out Marketplace's story here accompanied by lots of Halloween screams and howls.

Psychologist defines the HOA Syndrome caused by oppressive HOAs � HOA Constitutional Government

Psychologist defines the HOA Syndrome caused by oppressive HOAs � HOA Constitutional Government
Sounds like a pandemic. But is it contagious? I also see that some Florida HOA attorney is making fun of this situation. George Staropoli wants to have him keelhauled or at least disbarred for insensitivity, but I think making attempted jokes with no punch line is a worse offense.

The big picture, though, is grim for the condo sector, in Florida and elsewhere. The association lawyer-lobbyist crowd is getting desperate because on one hand they have to fight off state legislators and on the other hand they are watching condo developments melt down all around them. So far most of the demands for state regulation have been based mainly on abuse of power and incompetence by boards and their hired guns. Soon the issue in state legislatures--and maybe even federal agencies--may be what to do about the economic collapse of condo associations and HOAs.

Who knows? Soon some of these attorneys may have to find a specialty where they actually have to go up against other lawyers, instead of beating up on unrepresented homeowners.

Friday, October 22, 2010

NC may examine powers of HOAs next year

Candidates would consider limiting powers of homeowner associations

A local lawmaker and state senate candidate say they want to look at issues involving homeowners associations during the next General Assembly session, which begins Jan. 26.

“I suspect we will be looking into that because we’ve got some homeowners associations that are completely out of control,” said Rep. Danny McComas, R-New Hanover. “I do feel that finding a means to control some of these HOAs is going to be necessary.”
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This is a wasted endeavor at best and a cynical political ploy at worst.

If legislators and candidates truly believe that non condo HOAs have the power of municipalities without checks and balances on their powers, they should deprivatize them and take them out of state nonprofit corporations codes and instead bring them under government codes.

Tuesday, October 19, 2010

HOA developers cut long term deals with Internet service providers at inmates' expense

Living in Privatopia could mean paying for telecommunications services provided by your HOA, even if you choose another provider as this broadbandreports.com item explains.

The problem is developers sign long term contracts with a single Internet Service Provider instead of putting in open access fiber owned by the HOA. Good for the developer prince but not the HOA serfs. An open access fiber to the premises infrastructure would give residents a true choice of ISPs since any number could choose to offer services to the residents.

HOA takes issue with homeowner's landscaping

HOA takes issue with homeowner's landscaping

FOX 35 asked the HOA president, Bill Herring what was wrong with O'Connor's landscaping. "Look at all the dead stuff, dead vines dead limbs in the trees," said Bill Herring. "We didn't find any of that," said FOX 35 Reporter Holly Bristow. "Well you ain't looking very well," said Herring who then said to contact the HOA attorney. The HOA's attorney has not yet returned our call. According to Mo O'Connor, the HOA attorney wants to go to formal mediation with her. She says she's already done informal mediation with the HOA . Mo O'Connor says since state statute protects her Florida friendly lawn, she's not changing it.
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Yet another episode of ambulance chasing, HOA style. Film at 11.

Monday, October 18, 2010

Payments average 18 months past due on Palm Beach County's foreclosed homes

Payments average 18 months past due on Palm Beach County's foreclosed homes

And that county has almost 46, 000 homes in foreclosure. How's that for a recovery? Let's just give these policies some time to work, OK people?

Seriously--the cyclical aspect of this recession ended a year ago according to all the experts. What we have now is something else, and I've shifted over to the camp that says the policies of this administration may be preventing the employment situation from improving and holding the housing market back. At this point there won't be a cyclical recovery at all. Something has to change in Washington. We may have divided government starting in January, and that will produce either compromise (maybe a good thing) or gridlock (probably disastrous). A great deal may depend on personalities. Just getting that gavel out of Nancy Pelosi's hand would make a big difference.

Sunday, October 17, 2010

Buyers of foreclosed homes may face big problems

Buyers of foreclosed homes may face big problems:
"“Anyone who’s purchased a foreclosed property in the last three years should really be concerned,” says George Babcock, a Providence lawyer who represents homeowners who have been foreclosed on."
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This is why banks are freezing the foreclosure process. If the mortgagee uses sketchy practices to to prove they have the right to foreclose, then sells it to a new owner, that new owner may not really have title to the property. Lawyers being the opportunistic types they are, you can then have an interesting situation. What if the former owner (the original mortgagor) shows up and claims the house? Title insurance should protect the new owner, but this is yet another permutation in the unfolding weirdness of the post-crash housing market.

Friday, October 15, 2010

Delusional Thieves Caught Stealing Entire Mansions - The Consumerist

Delusional Thieves Caught Stealing Entire Mansions - The Consumerist: "A ring of confused folk in Georgia are stealing entire million-dollar homes, deeding themselves the property with bogus paperwork and squatting inside."
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I'm not sure "confused" is the right word. Thanks to Mystery Reader for this fascinating story.

As Mountain Of Foreclosure Fraud Evidence Grows, National Media Has Decided It's Really More Of An "Oops!" | Crooks and Liars

As Mountain Of Foreclosure Fraud Evidence Grows, National Media Has Decided It's Really More Of An "Oops!" | Crooks and Liars
This link from Mystery Reader asks why banks can commit what appear to be crimes and nobody goes to jail, and in fact the national media don't seem to see much of a problem.

Banks Hired "Burger King Kids" To Process Mortgages - The Consumerist

Banks Hired "Burger King Kids" To Process Mortgages - The Consumerist
Mystery Reader strikes again. You wonder when the people who did these things will end up behind bars.

Bankers: We Wouldn't Hire Unqualified Robo-Signers If You Just Paid Your Mortgage - The Consumerist

Bankers: We Wouldn't Hire Unqualified Robo-Signers If You Just Paid Your Mortgage - The Consumerist
Thanks to Mystery Reader for this educational link. Why don't we just see the error of our ways and fall prostrate before the financial gods?

20 Unusual Houses That Are Now Tourist Attractions (PHOTOS)

20 Unusual Houses That Are Now Tourist Attractions (PHOTOS)
And no HOAs.

Yet another HOA flag flap -- film at 11

Fan takes flack for flying sports flag

ALBUQUERQUE (KRQE) - A flap over a flag is brewing in an Albuquerque neighborhood after the Ventana Ranch Homeowners' Association ordered a resident to take down his Pittsburgh Steelers flag.

Ronnie Martinez said he couldn’t believe it when he got a violation notice, or “friendly reminder,” in the mail two weeks ago.

“They're saying it’s a friendly reminder but,” Martinez said

That friendly reminder is ordering him to fold up a flag bearing the name of his favorite NFL team, the Pittsburgh Steelers, because signs are forbidden under Ventana Ranch HOA’s covenant.

Tuesday, October 12, 2010

Homeowners association sues its own members, racks up $80,000 legal bill

Homeowners association sues its own members, racks up $80,000 legal bill

SAN ANTONIO - A fight between a Northeast Side homeowners association and their members has turned into an all-out war. It led to a lawsuit that has already cost more than $80,000 in legal fees. These fees will have to be paid by the HOA.

To some in the neighborhood the president of the Ventura HOA, Lisa Pfeiffer, is a bully. Eight of her neighbors say she is suing them because they tried to kick her out of office. It all started when they called a special meeting to kick out board president Pfeiffer after they became unhappy with how she was running things for the HOA.

“It's a classic example of intimidating -- picking a few people to intimidate the rest of the association, so that no one challenges them any further,” said Brenda Johnson.

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It's been said that in a democratic government, voters and not guns determine who governs. Apparently the latter is called upon to decide in Privatopia -- not weapons but hired guns in the form of attorneys.

Robo-signers: Mortgage experience not necessary

Robo-signers: Mortgage experience not necessary

NEW YORK – In an effort to rush through thousands of home foreclosures since 2007, financial institutions and their mortgage servicing departments hired hair stylists, Walmart floor workers and people who had worked on assembly lines and installed them in "foreclosure expert" jobs with no formal training, a Florida lawyer says.

In depositions released Tuesday, many of those workers testified that they barely knew what a mortgage was. Some couldn't define the word "affidavit." Others didn't know what a complaint was, or even what was meant by personal property. Most troubling, several said they knew they were lying when they signed the foreclosure affidavits and that they agreed with the defense lawyers' accusations about document fraud.

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The Great Depression began in October 1929 with the collapse of the stock market bubble, inflated by everyone and their cousin buying stock on easy credit with the expectation that the market could go no where but up.

The current economic downturn -- often compared to the 1930s -- will likely be remembered similarly. Mortgage lenders tossed underwriting standards out the window and extended mortgages to anyone who could fog a mirror holding the same "sky's the limit" expectations of residential real estate. The sad story continues to unfold, with mortgage servicers reportedly setting minimal qualifications for those who process foreclosures.

Friday, October 08, 2010

BofA halts foreclosure sales in 50 states

BofA halts foreclosure sales in 50 states

Charlotte, N.C.-based Bank of America Corp., the nation's largest bank, said Friday it would stop sales of foreclosed homes in all 50 states as it reviews documents used to process foreclosures. A week earlier, the company had said it would only stop such sales in the 23 states where foreclosures must be approved by a judge.

"We will stop foreclosure sales until our assessment has been satisfactorily completed," company spokesman Dan Frahm said in a statement. "Our ongoing assessment shows the basis for our past foreclosure decisions is accurate."

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This appears to be the beginnings of a foreclosure holiday with lenders finally realizing that mass foreclosures aren't benefiting anyone and may well exacerbate and extend weak economic conditions, leading to even more non performing mortgages in a classic unvirtuous cycle. The legal brouhaha over the validity of foreclosure documents provides a convenient and face saving rationale for a hiatus on foreclosures. Lenders may also be realizing that their notes could be more easily recoverable and worth more in the future when the legal and economic climate is less uncertain.