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Thursday, 08 September 2005
Lobbyists decimate Homeowner protection bill
This year, Senator Denise Ducheny introduced SB 137 - the stripped down version that Schwarzenegger had vetoed. It was sailing along in the California legislature until the lobbyists geared up again, and like a pack of ravenous wolves tearing at a carcass, they decimated the bill even more. Senator Duchney was forced to drop the $2,500 ceiling to $1,800, and finally, to strip the equity provision from the bill at the demand of the realtors. A home can now be sold for any price after 12 months - even for a $1. The realtors and other foreclosure sharks are salivating all the way to the bank.
AHRC
A PALE HUSK OF A BILL
Lobbyists decimate Homeowner protection bill
Sacramento, California -
September 06, 2005
By Peter Amherst
Copyright AHRC News Services 

Today, the California Assembly passed SB 137 on a vote of 46 to 11. It had previously been passed by the Senate 36 to 2., It will now go the the governor's office. As Governor Schwarznegger has already approved provisions that diluted the bill, he is expected to sign it.

In 2004, Tom and Anita Radcliff lost their $300,000 home for $120 in unpaid assessments . They only learned about it when a sheriff knocked at their door and told them that they had to get out of the house.

In response, Assemblyman Darryl Steinberg introduced a bill that would ban non-judicial foreclosure for unpaid assessments in homeowner associations. Homeowners cheered. They had watched for years how greedy and unscrupulous CAI lawyers had foreclosed on home after home.

But these rapacious lawyers were not about to go quietly.

They stripped the bill of the ban on foreclosures. They lowered the ceiling for foreclosure from $5,000 to $2,500. The realtors demanded that the provision requiring homes to be sold for at least 80% of their value, be reduced to 65%.

Then they all ganged together and lobbied the pliant ear of the governor to veto the bill in September 2004. Money somehow has a very persuasive voice!

This year, Senator Denise Ducheny introduced SB 137 - the stripped down version that Schwarzenegger had vetoed. It was sailing along in the California legislature until the lobbyists geared up again, and like a pack of ravenous wolves tearing at a carcass, they decimated the bill even more. Senator Duchney was forced to drop the $2,500 ceiling to $1,800, and finally, to strip the equity provision from the bill at the demand of the realtors. A home can now be sold for any price after 12 months - even for a $1. The realtors and other foreclosure sharks are salivating all the way to the bank.

This naked and brutal exercise of lobbyist power is shocking. But a similar exercise of power in the bayous of New Orleans produced a shocking disaster as well.

Citizens need to dust off their glasses and see things as they really are - and then do something about it. Otherwise a hurricane of a different stripe will rip their homes from their foundations, and flood them with the slimy, smelly ooze from the slobbyists.

NOTES:

HOW CALIFORNIA LAWMAKERS VOTED

SENATE VOTES (36 - 2)

AYES - Pro-homeowner. - Aanestad Alarcon Alquist Ashburn Battin Bowen Cedillo Chesbro Denham Ducheny Dunn Dutton Escutia Figueroa Florez Hollingsworth Kehoe Kuehl Lowenthal Machado Maldonado Margett McClintock Migden Morrow Ortiz Perata Poochigian Romero Runner Scott Simitian Soto Speier Torlakson Vincent
NOES - Anti- homeowner - Ackerman Cox
ABSENT, ABSTAINING, OR NOT VOTING - Campbell Murray

ASSEMBLY VOTES (46 - 11)

AYES - Pro-homeowner. - Coming...
NOES - Anti- homeowner -Coming...

A legislative consultant's analysis of the final version of SB 137

Related link:: California bills

 
View Comments (4) | Post a comment
 
For more information, please check out the articles listed below:
  • THEY STOLE MY HOUSE - Thomas Radcliff
  • California Bills Update - August 11, 2004 - AHRC News Services
  • Senate approves limiting foreclosures in homeowner associations - Jim Wasserman
  • CAI/CLAC DECLARES WAR ON ANTI-FORECLOSURE LEGISLATION - AHRC News Services
  • SUPPORT ASSSEMBLY MEMBER DARRELL STEINBERG'S BILL - AB2598 - Joe Homeowner
  • U.S. Bank joins CAI & Perry Communications in Effort to Hoodwink California Residents to Support CAI's Opposition to AB 2598 - Alex Lyte
  • THE AGONY OF THE RADCLIFFS - Thomas & Anita Radcliff
  • Schwarzenegger rejects ban on homeowner association foreclosures - Jim Wasserman
  • We've Only Begun to Fight! - Kathy Kemp
  • Who's Who in the California Homeowner Association Housing Industry? - Ann Roth
  • HOMEOWNERS ON THE VERGE OF VICTORY IN CALIFORNIA - Tom Beasley
  • NINE MILLION PLUS CALIFORNIANS - LET YOUR SENATORS,ASSEMBLY MEMBERS AND THE GOVERNOR KNOW THAT THEIR VOTES FOR HOMEOWNERS RIGHTS WILL MEAN VOTES FOR THEM - Pat March
  • CALIFORNIA SENATOR DUCHENY RE-INTRODUCES LEGISLATION TO PROTECT HOMEOWNERS FROM FORECLOSURE - Senator Denise Moreno Ducheny
  • California Homeowner Association Bills for 2005 - Sandy Meyer
  • California Senate Judiciary Committee passes SB 137 - AHRC News Services
  • What's happening on California Homeowner Association Bills - April 28, 2005 - AHRC News Services
  • Senator Ducheny's Homeowner Association Foreclosure Bill SB 137 Passes First Important Test - Senator Denise Moreno Ducheny
  • California Homeowner Association Bills And CAI Lobbyists - June 4, 2005 - Marcus Aurelius
  • Don't weaken homeowners' associations - Curt Curtis Sproul
  • SPROUL ON THE PROWL! HOMEOWNERS BEWARE! - Ann Roth
  • Rockin' the suburbs - Jeffrey M. Barker
  • HOMEOWNERS BEING SLICED AND DICED BY CALIFORNIA POLITICIANS - AHRC News Services
  • Governor Arnold Schwarzenegger of California
  • Assemblyman Darrell Steinberg - California - Termed out in 2005
  • Senator Denise Moreno Ducheny (D) - 40th District - Coachella Valley
  • Skip Daum - CLAC - California Legislative Action Committee - CAI
  • Community Associations Instiitute - CAI
  • Sam Dolnick - CAI lobbyist , director
  • Responsible Neighbors.com - A CAI Website to lobby
  • Tom Skiba - Frank Rathburn - Propagandists for CAI foreclosure lawyers
  • Submitted Files
    Filename Description File Type File Size Click to download
    sb137bill20050901 Senator Ducheny strips home equity protection from SB 137 at the urging of the foreclosure industry lobbyists and fellow lawmakers.- September 1, 2005 PDF document, version 1.3 124KB Download
    sb137bill20050202introduced SB 137 as introduced by authors Ducheny, Dunn and Figueroa - February 2, 2005 PDF document, version 1.3 540KB Download
    American Homeowners Resource Center (AHRC)
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