Election Spells Doom for Fannie and Freddie - UPI.com

Election Spells Doom for Fannie and Freddie - UPI.com: "The Republican landslide that swept through the House ensures that the outcome will be a radical policy change that will rely much more on the private sector, especially lenders and investors, and less upon Federal support. Fannie and Freddie will certainly cease to exist in their current forms and government exposure to the risks involved in financing mortgages will be reduced."
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If that happens, mortgage interest rates will go through the roof.

The Monkey Cage

The Monkey Cage: "The replacement effect of the 2010 Midterm Elections is unlike anything in recent memory. The shift in the House median is two and a half times what was observed after the 1994 Election, wiping out the effect of Democratic gains in the previous two elections and then some. The 111th was the most liberal Congress in the past three decades; the 112th will be the most conservative.... The 2010 Elections [also] had a profound effect on congressional polarization. Not only will the 112th House be the most polarized on record; 2010 will surpass 1994 as the most polarizing election cycle."
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And this Congress is the one that has to pull the country's chestnuts out of the fire.

Foreclosure Lawyers Put Second Mortgages on Clients' Homes - NYTimes.com

Foreclosure Lawyers Put Second Mortgages on Clients' Homes - NYTimes.com: "“We thought, ‘Why don’t we use a bit of ingenuity to find an affordable way to represent them?’ ” said Peter Ticktin of the Ticktin Law Group in Deerfield Beach, Fla. “It’s a new model, a new paradigm.”

Foreclosure defense is a new legal specialty whose strategies and techniques are still being worked out. Mr. Ticktin, who has some 3,000 foreclosure clients, says his plan to collect fees by taking another mortgage on his clients’ properties has already been copied by other firms."
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On your left: the frying pan.
On your right: the fire.

Take your pick.

Michael Gerson - Blue-state budget crises spell more trouble for Democrats

Michael Gerson - Blue-state budget crises spell more trouble for Democrats: "Having experienced the revolt of red America, Democrats must now deal with the fiscal crisis of blue America."
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Yes, because a number of the states that the Democrats continue to run are economic basket cases. And what will those voters be thinking of the Democrats in 2012? Here in Illinois the state legislature and Governor are still Democrats. Tax hikes are on the table. Where are the spending cuts? The unwillingness of Democrats to cut spending, and their enthusiasm for tax hikes, may mean that these states will be in a "throw the bums out" mind set when Obama comes up for re-election. On the other hand, presidents who seek a second term usually get it. The GOP has to come up with a strong candidate. That may prove impossible if the loony right continues to be the dominant force in the party. Lunatic fringe ideas are fine for winning congressional districts in some places, but at the state level you need substance.

Punches fly in Privatopia

HOUSTON - Bet you've never seen a Homeowner Association Meeting like this one. This homeowner says he's speaking for the majority of residents who live in the Catalina Square Subdivision.

All the board members were voted out and told to immediately turn over all records and any other property belonging to the Catalina Square Improvement Committee.

"Our president came towards him to try to shut him down and told him he couldn't do that," homeowner Pat Martin said.

Suddenly the meeting turns violent.

"They got physical, our president (William Harris) swung at one of the homeowners," Martin said.

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Fox 26 in Houston has the story. And it reports it is looking into lots of HOA horror stories here.

Sadly, we're likely to see more fisticuffs in Privatopia amid growing tensions brought on by assessment shortfalls as the seemingly never ending train of foreclosures keeps rolling down the tracks.

O Canada: HOA flag flap erupts north of the border

An Ontario couple said they will not give in to their neighborhood association's demand to remove a Canadian flag from their garage unless ordered by a judge.

Brian Cassidy, 63, and wife Linda-Lee Cassidy, 61, of the Mill Retirement Community in Lakeshore, said the homeowners' association told them the flag must be removed from its perch in front of their garage because neighbors had complained about the 8-foot flagpole "changing the architecture" of the house's exterior, a violation of neighborhood bylaws, the Windsor Star reported Thursday.

The homeowners' association said the couple will not be allowed to vote at meetings until the flagpole is removed, but Brian Cassidy said he will not be swayed.

"I put that flag up to stay up," he said. "It's not coming down. I take pride in my country and my flag."
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So there! Rest of the story here.

What part of PRIVATE in private local government don't you understand?

A law giving a state agency purview to resolve disputes between property owners and their homeowners associations is illegal, the Arizona Court of Appeals has ruled.

The judges said the Legislature never gave the Department of Fire, Building and Life Safety regulatory authority over homeowners associations. In fact, the judges said, lawmakers provided no such oversight by any state agency.

That, they said, makes unconstitutional a 2006 decision by legislators establishing a hearing process to deal with conflicts between homeowners associations and the governing boards of their planned communities.

Unless overturned by the Arizona Supreme Court, or unless the problem is fixed by the Legislature, the ruling leaves no administrative-review process for such disputes. That makes filing a lawsuit - a far more expensive process - as the only remaining option.

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The implicit public policy statement being made here by the Arizona Court of Appeals is "What part of PRIVATE in private local HOA government don't you understand?" The court is saying that private local government means just that: no public oversight or regulation from the executive branch. HOA exceeding its authority? Lawyer up and tell it to the judge.

Read more: http://www.azcentral.com/business/abg/articles/2010/11/11/20101111abg-fischer1111.html#ixzz150pMq6E7

Owners fight the condo blues with go-go dance and grit | WBEZ

Owners fight the condo blues with go-go dance and grit | WBEZ
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I am interviewed in this story about a busted condo association that does some creative fund-raising.

Unfortunately, a Bleak Winter Ahead for the Housing Market: Zillow Q3 Real Estate Market Reports | Zillow Blog - Real Estate Market Stats, Celebrity Real Estate, and Zillow News

Unfortunately, a Bleak Winter Ahead for the Housing Market: Zillow Q3 Real Estate Market Reports | Zillow Blog - Real Estate Market Stats, Celebrity Real Estate, and Zillow News
And on top of this, in the worst housing price crash since the Great Depression, the President's commission on solving our national budget woes wants to cut or eliminate the mortgage interest deduction.

Millions of homeowners keep paying on underwater mortgages - latimes.com

Millions of homeowners keep paying on underwater mortgages - latimes.com: "...payments on mortgages that are underwater could absorb billions of dollars that might be used for other forms of consumer spending — a drag on family finances, the housing market and the overall economy."
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So hurry up and lose your home so you can divert that underwater mortgage payment to buying a plasma TV? That's the socially productive course of action?

BeExposed! Presents Hunter McKenzie | Expose Kenosha Sites

BeExposed! Presents Hunter McKenzie | Expose Kenosha Sites
That's my son.

Bradenton couple finds thousands of bees in their backyard

Bradenton couple finds thousands of bees in their backyard

The homeowners association said they plan to check on all the trees to make sure there aren't any more of those hives.
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And a letter will likely be issued to property owners harboring giant beehives warning of daily fines if the hives remain.

Freddie Mac posts $4.1B loss for Q3 - Business - msnbc.com

Freddie Mac posts $4.1B loss for Q3 - Business - msnbc.com
And on it goes. If you want to see where the whole housing market catastrophe started, here it is.

The Monkey Cage: The Forecasts and The Outcome

The Monkey Cage: The Forecasts and The Outcome
How all the political scientists fared in predicting the election results.

News Brief From Center for California Homeowner Association Law

From Marjorie Murray at CCHA:

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Since we’re going to the polls today,   we thought this would be a good time to post the lawsuit brought two weeks ago by the ACLU to force a homeowner association and its property manager to keep their mitts off the HOA resident exercising his constitutional right to post political signs.

Here’s the link to the ACLU lawsuit on the CCHAL website: http://www.calhomelaw.org/doc.asp?id=1246.  Keep this link handy in case someone tells you that you can’t post a political sign during an election.

Hassling homeowners over political signs could easily happen again.  The entire association industry was opposed to the Longville bill, AB1525, when it was going through the policy committees in the California Legislature.  Here’s the list of registered opponents from the Senate analysis right before the bill went to the Governor’s desk: http://leginfo.ca.gov/pub/03-04/bill/asm/ab_1501-1550/ab_1525_cfa_20030902_095635_sen_floor.html

OPPOSITION: (Verified  8/25/03)

Community Associations Institute, unless amended

Executive Council of Homeowners, unless amended

California Association of Community Managers

On the list are the three trade groups that collect homeowner money and then use it to lobby against homeowner rights in Sacramento – like homeowners’ right to constitutionally protected free speech.

If the trade groups want to lobby in Sacramento on behalf of their members, we absolutely support their constitutional right to political free expression.  

But we sure wish they’d quit using homeowner money in Sacramento to dismantle the Bill of Rights.  

CCHAL NewsBrief

November 2, 2010

Marjorie Murray, President

Center for California Homeowner Association Law

1305 Franklin Street, Suite 201

Oakland, California 94612

www.calhomelaw.org

HOAs don't enjoy blanket immunity for maintenance decisions, California Court of Appeal rules

In a ruling filed filed Oct. 29 in Affan et al v. Portofino Cove Homeowners Association, G041379, the Fourth District of the California Court of Appeal overturned a trial court ruling dismissing claims brought against a condo HOA and its management company by an owner alleging the defendants breached their duty to maintain and repair the common area plumbing, causing sewage to back up into the plaintiff's unit.

The trial court dismissed the suit citing a 1999 ruling by the California Supreme Court in Lamden v. La Jolla Shores Clubdominium Homeowners Assn. (1999) 21 Cal.4th 249. In that case, the California high court applied the business judgment rule to HOAs, holding that courts are to defer to the "presumed expertise" of HOA boards when it comes to their decisions on maintaining common areas. That means these decisions by HOA boards are not subject to second guessing by the courts when owners challenge them.

But in Affan, the Court of Appeal found the HOA failed to establish the factual prerequisites for applying the deference rule. In addition, it held, since the HOA manager is not the HOA, the rule does not apply to the manager.

Here's a key excerpt from the ruling:

It is important to note the narrow scope of the Lamden rule. It is a rule of deference to the reasoned decisionmaking of homeowners association boards concerning ordinary maintenance. It does not create a blanket immunity for all the decisions and actions of a homeowners association. The Supreme Court's precise articulation of the rule makes clear that the rule of deference applies only when a homeowner sues an association over a maintenance decision that meets the enumerated criteria.

The full decision can be read here.

Team 4: Debt Collectors Accused Of Fake Courtroom, Judge - News Story - WTAE Pittsburgh

Team 4: Debt Collectors Accused Of Fake Courtroom, Judge - News Story - WTAE Pittsburgh

I expect this idea may catch on soon with the HOA/condo bill collector law firms.

'Halloween House' in Surprise drawing boos from neighbors, HOA

'Halloween House' in Surprise drawing boos from neighbors, HOA

Neat house, although it has so many lights that it looks like it's on fire.

Getting balmy in Palm Beach

PALM BEACH GARDENS — 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.

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.