CC&R Provisions Mandating Binding Arbitration of Construction Defect Claims Ruled Unenforceable
"CC&Rs are not an effective means of obtaining an agreement to arbitrate a homeowners association's construction defect claims against a developer." "Treating CC&Rs as a contract such that they are sufficient to waive the right to trial by jury does not comport with the importance of the right waived."  The Villa Vicenza Declaration of CC&Rs was recorded unilaterally by Nobel Court Development, the developer, and was, thus, imposed on the Association and its members. The Association was never given the opportunity to accept or reject the terms of the CC&Rs and did not sign them.

Immigration Ignites Grand Prairie Mobile Home Park
Some residents angry over policy to check immigration status on prospective buyers. The property owners’ association board is demanding proof of legal residency from buyers who want to live at the park on Shady Grove Road near Belt Line. "It’s just not right," said property owner Ramona Bledsoe.  "They didn’t ask it from white people.  But they’re asking it from Latino people." Board Vice President Nola Wolfe denied the policy is enforced only for Latinos.

Waiting Seven Years for Two Answers
WHEN Zella Mae Green of Georgia filed for bankruptcy to save her home from foreclosure in 2004, she and her lawyer wanted to know two things: Did she actually owe any back payments on her mortgage? And, if so, to whom?  It didn’t seem like a lot to ask. But until last week, those questions had been unanswered for seven years...  Fascinating how quickly these things get resolved when some daylight shines in.

Wells Fargo Meeting Today With Philly Homeowner Who "Foreclosed" On Them (Here's How He Did It)
...how did Patrick go from embattled and ignored homeowner to seated across the negotiating table with leverage? I spoke with him to find out more about both how and why he did what he did. His story is an inspiration to anyone who's dreamed of going toe-to-toe with the big banks and winning. Turns out that armed with persistence, and a little legal know-how, Davids can take down Goliaths... About two years ago, after Wells Fargo stopped responding to his letters requesting more information, Patrick boned up and learned about a law called the Real Estate Settlement Procedures Act (RESPA). The law was enacted to safeguard homebuyers from anti-competitive and collusive behavior among the companies and agents involved with buying and selling real estate. One of the protections involves the "Qualified Written Request," or QWR.

Judith L.  MD:  Living in an HOA was the worst
Living in an HOA was the worst thing that ever happened to me - that I could have avoided. As a physician, although not a psychiatrist or psychologist, I absolutely believe in the validity of 'HOA Syndrome'.   Lost sleep, extreme stress and anxiety that permeates every aspect of your life and harms your family repeatedly...if you find yourself in the crosshairs of a vicious, dishonest and greedy Tyrant on the Board , then you can  pretty much kiss life as you know it 'goodbye' for up to a decade. I'm in my 6 th year of HOA Helll and there's  still no end in sight.

Case on Mortgage Official Is Said to Be Dropped
The conclusion by prosecutors that Mr. Mozilo, 72, did not engage in criminal conduct while directing Countrywide will likely fuel broad concerns that few high-level executives of financial companies are being held accountable for the actions that led to the financial crisis of 2008. Hundreds of billions of dollars have been lost by investors while millions of borrowers have lost their homes. Few of the people who ran the institutions that contributed to the disaster have been found liable.

Op-Ed: Privatization Alone Won't Fix Housing Mess
The Obama administration has advocated closing government-backed mortgage providers Fannie Mae and Freddie Mac. The New York Times' Gretchen Morgenson says the U.S. government still has an important role to play when it comes to home ownership.  Related article:Gretchen Morgenson's New York Times Piece, "Imagining Life Without Fannie And Freddie"

LISTEN NOW

Homeowners Take Plea to Lawmakers
These homeowners say they are fed up with abuses by Home Owner Association.  What we’re trying do is reign in some of these abusive powers.  So that it’s clear that government bureaucrats shouldn’t be telling people how to use their homes and lose it when they've been taxed inappropriately.  HOA Management Companies fired back today with this counter rally, bussing in HOA Board Members from across the state.  Members of the HOA Reform groups say they know they have an uphill battle sighting thousands of dollars in donations to influential lawmakers here, including Senator John Caron from Dallas who owns the largest HOA Management Company in the Country.

Brian Collister Reports

Countrywide Subpoena Could Make a Few Powerful People Nervous
Details of the subpoena might make more than a few powerful people nervous. This is the first time anyone has sought records regarding all government officials who may have benefitted from the so-called "Friends of Angelo" and other VIP programs that Countrywide had. Congressional investigations have revealed Countrywide extended favorable terms to powerful shakers-and-movers in government in hopes of wielding influence. VIP mortgages were also given to President Clinton's former Housing Secretary Henry Cisneros, and President Bush's Housing Secretary Alphonso Jackson. Jackson's daughter even got VIP loan status when an internal Countrywide e-mail noted her father "is expected to be confirmed as Secretary of HUD."

People rally for and against HOA reform
While one group said it's time for change, members of another group said they're happy with their homeowners' association and stand up for HOA rights. Coalition for HOA Reform held the first rally to encourage state lawmakers to stop various HOAs, or what they call "abusive mini-governments." "We need our rights back and that's all there is to it," said Spring resident Wesley Crouch.Reformers said they support the rights of Texas homeowners and not unregulated mini-governments. They said HOAs have broad powers with little oversight and infringe upon homeowner freedom. They also said HOAs cause a lot of burdens for homeowners, including tax hikes, fees, fines and threats of foreclosure.

Philadelphia Man Forecloses On Wells Fargo
 Rodgers discovered the Real Estate Settlement Procedures
Act, which requires mortgage companies to acknowledge written requests within 20 business days or face penalties. He took Wells Fargo to court, winning a default judgement because the bank didn't show up in court... The homeowner placed a sheriffs levy against Well's Fargo's local mortgage office, to cover the $1,173 judgment, plus tax. The contents of Wells Fargo Home Mortgage's offices...are reportedly still scheduled for a March 4 sherif's sale.

Military families battle home builder over problems
Military families in Kentucky are trying to protect their home front after they paid a local home builder hundreds of thousands of dollars for new homes. But they say those homes are filled with problems. The builders aren't backing down, standing behind their homes and their response to the concerns of the military families. But the soldiers we've talked with say they've fought these issues for months, and can't afford to stay quiet any longer.

Home Owners Association Takes Home Over Legal Fees
The HOA's payment ledger shows Hillary was trying to pay. In fact, by April of last year, her balance was zero. But Hillary fell behind again.  In September of last year, Hillary got a letter from the Butler/Hailey Law Firm which represents Wildflower Green Homeowners Association. The letter tells Hillary her delinquent payments have caused legal fees to incur. She needs to pay $921 or face foreclosure.