Not So Neighborly Associations Foreclosing On Homes
Capt. Mike Clauer was serving in Iraq last year as company commander of an Army National Guard plans. We thought we were so far ahead, and now it's like we're starting unit assigned to escort convoys. It was exceedingly dangerous work — explosive devices buried in the road were a constant threat to the lives of Clauer and his men... And in 33 states, an HOA does not need to go before a judge to collect on the liens. It's called nonjudicial foreclosure, and in practice it means a house can be sold on the courthouse steps with no judge or arbitrator involved. In Texas the process period is a mere 27 days — the shortest of any state. David Kahne, a Houston lawyer who advises homeowners, says that in Texas, the law is so weighted in favor of HOAs, he advises people that instead of hiring him, they should call their association and beg for mercy. In addition to representing Dallas, Carona owns the largest HOA management company in the country — Associa, which has more than 100 offices, 6,000 employees and 7,000 HOA clients in 30 states and Mexico. Carona defends the rights of HOAs to foreclose for delinquent dues, even for small amounts.

Patchwork fix could come for neighborhood's pothole-filled streets

Biggest Defaulters on Mortgages Are the Rich
Whether it is their residence, a second home or a house bought as an investment, the rich have stopped paying the mortgage at a rate that greatly exceeds the rest of the population.  More than one in seven homeowners with loans in excess of a million dollars are seriously delinquent, according to data compiled for The New York Times by the real estate analytics firm CoreLogic. By contrast, homeowners with less lavish housing are much more likely to keep writing checks to their lender. About one in 12 mortgages below the million-dollar mark is delinquent.

Couple's home, built on former pond, plagued with water problems
Trying to find answers, the couple went to the city's Watershed Protection Department. They got a series of surprises, and now the builder is in trouble with the city over a missing occupancy permit for the home. "Watershed Protection told us, 'Did you know your house was built on a pond?' " Girija Shanmugam said. On the department's website, she found an aerial photograph from 2003 of their home site and realized that the house is smack in the middle of what was a human-made stock pond...the couple then were told by Watershed Protection that their house had failed final inspection and did not have a certificate of occupancy.

Can County Get Ventura Heights Out Of Lien Times?
That's County Judge Nelson Wolff in yesterday's Bexar County Commissioners Court expressing his frustration with flimsy state law that allows for messes to develop like the one currently found in Ventura Heights, an unincorporated subdivision...they are wary of opening what Precinct 2 Commissioner Paul Elizondo called "a Pandora's box" among the 122 units throughout Bexar County experiencing similar problems. "We cannot make decisions in a vacuum that are not considerate of the big picture," said Adkisson, and the big picture is that the county doesn't have the millions of dollars needed to fix problems caused by developers who cut and run...Adkisson said he's also very supportive of investigating, as is Wolff. "We need to go after somebody on this," said Wolff, "how are [the homeowners] to know who's responsible for the streets?"

Huge pothole problems in Northeast side neighborhood
"It was like I was falling off a cliff," said Terri Lucas. Lucas accidentally drove her car through a 5-foot-wide pothole Thursday afternoon. The 7-inch deep hole damaged her car's motor and body. "I was going very slowly, driving down Heights Valley, and all of a sudden I ended up in a pothole." Neighbors in that area have complained about the unsafe, pothole-filled streets for months, without satisfactory action.

Residents expected to pay $8,000 to fix potholes
The Ventura Heights subdivision has a problem with potholes. It turns out the developer never properly installed the streets or had them inspected and approved by Bexar County. Residents have complained for years about the huge potholes. The only solution given to them so far requires they pay $8000 each. Bexar County estimates it will cost more than a million dollars to bring the streets into compliance.

James Muñoz KENS 5 Reports

Builder Fazio reportedly owes millions
The Norristown developer who built a 26-unit condominium building on Sandy Street that was condemned last month for numerous construction problems has had financial problems dating back to at least 2007.  R. Bruce Fazio owes $2,450,000 to the St. Edmond’s Federal Savings Bank for the unpaid balance of a revolving construction loan granted to finance construction of 770 Sandy St.  Norristown officials condemned the four-story building for numerous code violations, fire safety problems and alleged shoddy construction. Eight condominium owners and 15 renters were evicted by code enforcement after a contentious hearing in Montgomery County Common Pleas Court.

Homebuilders left without refunds
After a building company had to shut its doors in 2009, they assured everyone that they would pay back all the hopeful homebuilders they left without a roof over their heads. Nearly a year later, a KRQE News 13 investigation shows more than a dozen people are still without their refunds. The Kummets were not the only ones with complaints. The Kummets, as well as 12 others, filed complaints with the Attorney General's office. The complaints were similar - with one customer claiming they were left without $170,000. The Attorney General started to investigate. However, a year later, the office decided to pass on the case and not prosecute Wallen Builders.

Beware the Fine Print
Buried in the fine print of most contracts for cellphones, health insurance and credit cards is a clause requiring that all disputes be decided by binding arbitration, rather than a court. Businesses love these provisions, because arbitrators act quickly and almost always rule in their favor, and many employers are requiring new hires to sign similar agreements... Unless Congress changes the rules, these cases may never get back to the courts, where they have a chance for a fair resolution.

Analysts Question a Threat by Fannie
Fannie Mae’s decision to begin punishing people who walk away from their unpaid mortgages could prove difficult to sell to the public and might be impossible to execute, housing and lending experts said Thursday.  A Fannie Mae spokeswoman said that the goal of the new punitive policies was to force defaulting homeowners to work with their servicers to surrender their houses through either a lender-approved short sale or by formally giving up the deed.

Prisoners cashed in on homebuyer tax credit
More than 1,200 prison inmates, including 241 serving life sentences, defrauded the government of $9.1 million in tax credits reserved for first-time homebuyers, according to a Treasury Department report released Wednesday. Treasury's inspector general also found that thousands of people filed multiple claims or made claims outside the allotted time period. In all, more than $28 million was improperly doled out.

HOA that foreclosed on soldier gets death threats
An Army officer on active duty lost his house when his homeowners' association foreclosed for back dues. It's a story first reported by News 8, and it outraged people around the world. Now the HOA is breaking its silence, saying the board is getting death threats.

Another local homebuilder, real estate agents, ringleader's wife added to Chico "builder bailout" scheme indictments
A man authorities identified as a Chico-area homebuilder was indicted along with seven others Thursday by a federal grand jury for alleged participation in a multi-million-dollar Chico "builder bailout" scheme. According to a statement from the U.S. Attorney's office, William E. Baker, 65, former operator of Baker and Baker Construction, conspired with former Chico mortgage broker Garrett Griffith Gililland, 28, to sell six homes to "straw buyers" at inflated prices. Proceeds from loans at the artificially inflated prices were then distributed to several co-conspirators through companies operated by Gililland.

St. Louis home builder sentenced for fraud
St. Louis home builder Edward Levinson was sentenced to 51 months in prison on bank fraud Wednesday. The charges are in connection with his construction business, resulting in approximately $13 million in losses to banks and prospective home owners and subcontractors.