Evan McKenzie on the rise of private urban governance and the law of homeowner and condominium associations. Contact me at ecmlaw@gmail.com
Friday, October 15, 2010
Delusional Thieves Caught Stealing Entire Mansions - The Consumerist
As Mountain Of Foreclosure Fraud Evidence Grows, National Media Has Decided It's Really More Of An "Oops!" | Crooks and Liars
Banks Hired "Burger King Kids" To Process Mortgages - The Consumerist
Bankers: We Wouldn't Hire Unqualified Robo-Signers If You Just Paid Your Mortgage - The Consumerist
Yet another HOA flag flap -- film at 11
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.
Wednesday, October 13, 2010
Philly Suburb Considers Fining Those Who Don't Lock Cars | NBC Philadelphia
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
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.
Saturday, October 09, 2010
Sleazy Real Estate Developers' Latest Scam Could Skim 5 Percent Off Your Home's Value | | AlterNet
Friday, October 08, 2010
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.
The other foreclosure crisis gets more press
In California, for example, associations may begin the foreclosure process only 75 days after a missed payment was first due, while a tax collector must wait five years before beginning the foreclosure process for a tax lien. Associations are not required to go through a court to foreclose, as a property owner would to evict a tenant. Also, homeowners do not receive the benefit of the homestead exemption when their house is foreclosed upon by an association, as they would in the case of any other money judgment.
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Yes, it can. The mortgage foreclosure crisis has gotten a lot of press. Now so are foreclosures by HOAs, which by comparison to lender foreclosures come far faster and less mercifully -- and well before the tax man comes calling for delinquent property taxes.
Nonprofits Unable To Keep Up With Growing Suburban Poverty, New Reports Say
Obama won't sign bill that would affect foreclosure proceedings
Thursday, October 07, 2010
Suburbs take hit as US poverty climbs in downturn
More than half, or 57, of the 100 largest U.S. metro areas had substantial increases in poverty. They were most evident in Sun Belt suburban areas including Modesto and Riverside, both in California, as well as Lakeland, Fla.; Orlando; Miami and Tampa, which had seen large population gains during the housing boom.
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That's Privatopia and this negative trend may at least partly explain why lots of HOAs are coming up short on assessments.
Wednesday, September 29, 2010
Madison: Gated City?
Madison Mayor Mary Hawkins Butler’s recent strategy to keep outsiders from attending a city festival is consistent with the city’s history of enforcing strict neighborhood covenants and zoning regulations that restrict rental properties in the city. Madison has long promoted itself as more of a club than a city, but last week, after Hawkins Butler cited Franklin, Tenn., as a model city for a residents-only festival, Franklin officials said they had never heard of such a practice.
Hawkins Butler told the Madison County Herald Sept. 18 that the city was cancelling this year’s annual family fall festival, FreedomFest, because of unexpected budget expenditures and the high number of non-Madison residents who attended the event in the past.
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Another example of what the perfessor would say illustrates how municipalities are adopting restrictive, HOA-like behaviors.
Tuesday, September 28, 2010
Privatization as a plutocratic plot: They Want To Privatize Everything | California Progress Report
They Want To Privatize Everything | California Progress Report
One of the most important trends afoot right now is the move to privatize as many government services as possible. Billionaires like Bill Gates, along with hedge funds, are pushing an agenda of privatizing public schools, and funding a PR push in support of that cause with films like "Waiting for Superman" and the NBC "Education Nation" that included a panel with the title "Does Education Need a Katrina?".
This trend is fueled by the desire of the richest Americans to seek new income streams. Instead of spending their cash hoard on innovating new products or businesses that can create jobs and lasting economic activity, they're engaged in a process of rent seeking, which has no productive value. By taking tax dollars that currently provide public services and channeling them to the private sector, which contracts to provide the service at lower cost - and therefore at lower quality - these wealthy individuals can add new income streams while also blunting any effort to raise their taxes to provide these services.
Friday, September 24, 2010
Police: Conn. man stole flag, put up hippo toy
WATERBURY, Conn. – Call it the case of the flying hippo. Connecticut police said a man stole an American flag from Waterbury's Town Plot Park and hoisted a stuffed hippopotamus toy in its place. Twenty-three-year-old Jeffrey Kovic, of Waterbury, was arrested and was being held in lieu of $100,000 bail on misdemeanor larceny, criminal mischief and conspiracy charges.
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Good thing he didn't fly the hippo from a pole in Privatopia or he would have faced both public and private prosecution.
Monday, September 20, 2010
Ozone layer 'is no longer disappearing and will return to full strength by 2048' | Mail Online
The phasing out of nearly 100 substances once used in products like refrigerators and aerosols has stopped the ozone layer being depleted further, although it is not yet increasing, according to a new United Nations report released last week.
Read more: http://www.dailymail.co.uk/sciencetech/article-1313599/Ozone-layer-longer-disappearing-return-strength-2048.html#ixzz108BleiJP
Friday, September 17, 2010
Banks win delay in demolition of abandoned Fort Lauderdale condo complex
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Ever wonder what happens when an association goes defunct? It is not pretty.
And what happens to all those property values that were being protected?