Signs of the times: HOA threatens to sue over unsanctioned sign

In January, following Corey Burr's deployment to Afghanistan, Burr and her husband, Timothy, put up a large multi-colored banner with their 20-year-old son's Marine Corps portrait and the phrase "Our son defends our freedom" in front of their south Bossier home.The couple received a letter a month later from the Gardens of Southgate Association stating the banner was in violation of the neighborhood's covenants. The covenants specify only real estate signs are permitted.

Beyond Foreclosuregate - It Gets Uglier | Truthout

Beyond Foreclosuregate - It Gets Uglier | Truthout
"The ForeclosureGate scandal poses a threat to Wall Street, the big banks, and the political establishment. If the public ever gets a complete picture of the personal, financial, and legal assault on citizens at their most vulnerable, the outrage will be endless."

Osama bin Laden hideout 'worth far less than US claimed' | World news | guardian.co.uk

Osama bin Laden hideout 'worth far less than US claimed' | World news | guardian.co.uk
So Bin Laden is underwater in more ways than one.

California’s Secret Government: Redevelopment agencies blight the Golden State.

"In theory, RDAs spearhead blight removal. In fact, they divert billions of dollars from traditional services, such as schools, parks, and firefighting; use eminent domain to seize property for favored developers; and run up California’s debt to pay those developers to construct projects of dubious public value, such as stadiums and big-box stores. Most Californians have long been unaware that these agencies exist. As the activist group Municipal Officials for Redevelopment Reform puts it, RDAs constitute an “unknown government” that “consumes 12 percent of all property taxes statewide,” is “supported by a powerful Sacramento lobby,” and is “backed by an army of lawyers, consultants, bond brokers and land developers.”
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And Gov. Jerry Brown wants to eliminate all 400 of them as part of saving California from becoming Greece. Good for him.

What?! Prince in foreclosure?!

I know the foreclosure crisis has been super-bad, but now it's even badder, given that it's knocking on the door of the baddest, most ridiculously funky musician to ever emerge from the frozen north: the Minnesota Landowner Currently Known as Prince. Or MLCKP, if you prefer.

The Carver County Sheriff's Office reports that the multitalented, multiplatinum Rock and Roll Hall of Famer has fallen behind $368,382 on the mortgage to his 20-acre former manse in Chanhassen, the Minneapolis suburb that he's called home since 1980. A sheriff's auction is set for May 13.

UI Press | Beyond Privatopia: Rethinking Residential Private Government

UI Press | Beyond Privatopia: Rethinking Residential Private Government:

This book is now available for order directly from the publisher by using this link. It's also listed on Amazon, but they probably won't have more than a few on hand, so if you want it quickly go to Urban Institute Press by clicking the title of this post.

The Snow Crashing of America

"The evidence is mounting day by day that the real GOP plan for America is the privatization of everything."
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Snowcrash is a great novel. And maybe it will turn out to be prophetic.

The Big Thirst: Nothing’s Quite So Thirsty As A Las Vegas Golf Course | Fast Company

"It's illegal now to have a front lawn in any new home in Las Vegas. The water authority will pay people who already have lawns to take them out--$40,000 an acre-- and replace them with native desert landscaping. They pay golf courses to do the same thing.

It is illegal to let your sprinkler spray water on a sidewalk or street, and Las Vegas specifies the kind of hose nozzle you can use to wash your car (trigger style, so it doesn't simply pour water out when you're not using it)."
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But, as the article says, "A single, 18-hole round of golf at a typical Las Vegas golf course requires 2,507 gallons of water." Golf courses in the desert: monuments to the arrogance and stupidity of an empire in decline?

Third Time's the Charm? Right to Rent Reintroduced in Congress

I noted below that allowing owners who are foreclosed on to become renters instead of just evicting them would solve a lot of problems. It turns out that there is a piece of legislation called the Right to Rent Act that would do that. Economist Dean Baker came up with this proposal, and this link goes to his blog at the Center for Economic and Policy Research, where it is announced that the bill was just re-introduced. It didn't clear the House Financial Services Committee in 2010, when Barney Frank and Nancy Pelosi could have green-lighted it, and it had 23 co-sponsors including many members of the Progressive Caucus. I don't know the story on that yet. Now, of course, it is in a GOP-controlled House. In any event, I think Rep. Grijalva has the right idea in pushing it.

SWAT team evicts granny from her house because bank refuses to take payments after her husband's death

Thanks to Mystery Reader for this infuriating link. I just came from a lawyer's education course where we spent a long time hearing from judges and attorneys about mortgage foreclosure. Here's a question for you that nobody could answer:

If a bank forecloses on a mortgage, why can't the former owner stay on as a tenant and pay market rate rent if they want to, instead of being evicted? What is the point of kicking somebody out of the home and leaving it vacant? Many, probably most, people would gladly stay in their home as a renter. The bank would be getting income, the property would be maintained, there would be no disruption to the neighborhood, and the bank would own the property and could sell it to whoever they chose. If the former owner, now a renter, didn't pay the rent they could evict him like any other tenant.

Why don't banks do that instead of whining about how much vacant REO they have on their books? And why don't we have a federal law requiring them to accept that arrangement if the owner is willing and able to pay monthly rent, even if they can't pay the arrears, penalties, property tax, etc.?

Judge doubtful of Righthaven’s right to sue over R-J material - VEGAS INC

Judge doubtful of Righthaven’s right to sue over R-J material - VEGAS INC: "One of the judges most critical of newspaper copyright infringement lawsuit filer Righthaven LLC said in an order Thursday that Righthaven does not appear to have the right to sue over Las Vegas Review-Journal material."
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Good.

Supreme Court Arbitration Ruling: Courts for the Wealthy and Wall Street

SANTA MONICA, Calif., April 27, 2011 /PRNewswire-USNewswire/ -- Today's U.S. Supreme Court decision in AT&T Mobility, LLC v. Concepcion, invalidating California's protections against unfair provisions in contracts effectively eliminates the right of consumers to join together to fight powerful corporations in court and will lead to enormous abuses of consumers by corporations, Consumer Watchdog, a California non-profit consumer advocacy organization, said today.
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You can read the opinion in AT&T Mobility v. Concepcion by following this link to SCOTUSBLOG.

Here's what happened and why it matters. The Concepcions were entitled to "free" cell phones under their contract. Then AT&T charged them thirty bucks for "sales tax." They joined a class action with others who got shafted the same way. Everybody's claim was too small to litigate alone, but together they had something worth a lawyer's time.

But their contract contained a clause saying disputes had to go to arbitration, and could not be joined with a class action.

Under California case law that term in the contract was unenforceable because it is unconscionable. The Discover Bank case, decided by the California Supreme Court, held that such class action waivers contained in adhesion contacts are unenforceable.

AT&T argued that the Discover Bank ruling was pre-empted by the Federal Arbitration Act, which provides that arbitration agreements are "valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract." The conservative voting bloc of the US Supreme Court (Scalia, Roberts, Alito, Thomas, and Kennedy) agreed with the big corporation and screwed the little consumer (what a surprise!)

Why does this matter? I expect to see such arbitration clauses and class action waivers in every single contract we get in our hands, from now on. The Supreme Court just gave corporate America a way to slam the door to the courthouse in our faces. No lawyer will litigate a thirty dollar case against a giant corporation. Now orporations can strip us of our class action rights just by inserting a term in a non-negotiable adhesion contract.

Will this include condominium or HOA declarations? I am sure it will be tried.

Affluent Kings Point Plans Extensive Surveillance Network: License Readers, 44 Cameras To See Who Comes And Goes

To protect its 3.3 square miles, Kings Point plans to install 44 cameras and license plate readers at each of the 19 points of entry. The devices will take pictures of every vehicle and license plate and compare them to data bases.

“It will alert us to suspended registrations, felonies, stolen cars, order of protection, sex offenders, things like that,” Kings Point Police Commissioner Jack Miller said.
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Things like that. Sure. Whatever. And this is a municipality.

Municipal M&A: Budget Woes May Force Cities Like Detroit, Hamtramck To Combine

Local officials in Michigan, Indiana, New Jersey, California and other states are considering municipal mergers, which some see as the only way to preserve services amid a historic economic downturn. Zionsville, Ind., combined with two townships last year, and political and economic pressures are pushing other communities in that direction. In California, some cities are outsourcing services to their counties. In Michigan, politicians in Detroit and neighboring Hamtramck say merging the two governments might save the dollars needed to stay afloat.
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Libel per se

I love generating comments, but if you don't see your comment getting published, perhaps it is because I think it is libelous. I keep having to delete comments that are obviously libelous, and I wish people would give some thought to this before sending them. There is something called "libel per se," which means statements that are automatically considered libel without any evidence of their damaging effect on the person's reputation needed. The law just presumes that they were injurious. There are four main categories of libel per se:

1. Accusing somebody of committing a crime.
2. Claiming they have an infections, contagious, or "loathsome" disease.
3. Injuring the person in his or her profession, trade or business, by saying they are unqualified to practice, or otherwise saying things that would tend to hurt their profits (this is called "trade libel").
4. Accusing somebody of being of an "unchaste" character.

I haven't had to delete any accusations about disease or lack of chastity yet, but I get many comments that accuse particular people of crime and that are intended to besmirch their professional reputations by calling them unethical or something similar. I delete these comments, of course, because I don't want to expose myself to the risk of a libel suit for publishing them. In nearly every case, the person who wants me to post their comments is anonymous. They want to make their libelous statements, have me publish them, and remain safely concealed behind a veil of anonymity. No, thanks.

Lee Farkas Convicted In $3 Billion Mortgage Fraud Case

Lee Farkas Convicted In $3 Billion Mortgage Fraud Case: "ALEXANDRIA, Va. -- A jury has convicted the majority owner of what had been one of the nation's largest mortgage companies on all 14 counts in a $3 billion fraud trial that officials have said is one of the most significant prosecutions to arise from the nation's financial crisis."
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And on it goes. Large institutions just screwing the middle class. The banksters, the mortgage companies, the oil companies, the insurance companies, the lawyers...and it seems that neither political party has much interest in doing anything about it. In the meantime, the public gets angrier by the day. The 2012 election outcome will favor whichever party is best able to channel this incoherent, unfocused rage. The Republicans will try to blame government and the Democrats will try to blame corporate America. The problem with that choice? Both parties are right.

Attorneys say new evidence shows fraud by Righthaven

"Defense attorneys in at least two Righthaven LLC copyright infringement lawsuits filed motions to dismiss over the weekend, citing new evidence they say shows Righthaven has perpetrated a fraud on the federal court in Nevada. The evidence cited is the newly-unsealed Strategic Alliance agreement covering copyright assignments from Stephens Media LLC, owner of the Las Vegas Review-Journal, to Righthaven. In motions filed Sunday, attorneys with Randazza Legal Group said this contract shows Righthaven’s lawsuits are based on "sham’’ copyright claims since Stephens Media maintains control of the material covered by the copyrights."
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You may recall that the Las Vegas Review Journal set up an arrangement with the copyright trolls at Righthaven to sue bloggers for quoting or reproducing LVRJ articles. Righthaven claimed to have been assigned the copyright to the articles in question and filed 264 lawsuits without warning. Now some of the defendants claim that Righthaven doesn't really own the copyrights after all, and that the assignment was "a transparent sham."

Texas homeowners call for state AG investigation of community association industry

Austin – As Incidences of possible attorney malfeasance and hostile actions by property management associations are being reported almost daily, the need for more than legislative change is clear.

Home Owners for Better Building will be asking the House Business and Industry committee as well as other lawmakers to request Attorney General Greg Abbott to investigate Home Owners Associations (HOA’s), the property management industry and its attorneys.

As HOA foreclosures rise substantially and the economy worsens, the property management industry seeks to further enrich themselves during this session on the backs of homeowners with clever legislative lobbying ideas that expand unearned transfer fees, processing fees, and mandatory contributions to developer foundations, etc
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This is a shot across the bow of Privatopia in the Lone Star State that could gain momentum on anti-corporate and lawyer sentiment.

Hands off my property, man tells HOA

Busch put a sign on his garage stating he should have property rights and there should not be an HOA. He's been fighting with the Sand Lake Hills homeowners association since 2008. He sued the HOA and 99 homeowners because he claims the HOA was formed illegally.

Each homeowner is supposed to agree to form an HOA, but he says that did not happen."This is property rights. How can they come on my property and assess me for anything they want?"
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The plaintiff's attorney is also contending the HOA "dumped trash" on his client's title with dubious liens.

Post hailstorm email from HOA ticks off residents

PROSPER — An e-mail sent by a homeowners' association in Prosper is angering victims of Sunday night's thunderstorms. Neighbors in the Preston Lakes subdivision worry that community rules outlining homes' appearance may slow their rebuilding from damage caused by the violent storm that pelted properties with golf ball-sized hailstones.

"You don't say that less than 24 hours after something like this hits you," said Cindy Stuver, who lost nearly half her windows to the hailstorm. "That's wrong!"  She and others are furious about the e-mail blast sent out by the local homeowners' association.

"This e-mail is to just make sure that everyone in our community is OK," HOA board member Shelly Van Blarcum wrote. The message went on to remind residents of the neighborhood guidelines that dictate homes' appearance — including the type of windows used and the color of shingles.
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This story shows how HOAs are not viewed by their constituents as a helpful entity but instead as intrusive and over controlling.