FORECLOSE ON YOUR NEIGHBORS!
BEAT BANKS TO THE PUNCH!

An Opinion By Jan Bergemann 
President, Cyber Citizens For Justice, Inc. 

Published January 29, 2007

 

This seems to be the latest battle cry of association attorneys like Gary Poliakoff and Robert Kaye -- according to quotes made in this article:

Foreclosures put added burden on association-run communities

Maybe it's more honest if rephrased: 

KICK OUT YOUR NEIGHBORS IN NEED --

and fill our bank accounts doing it?

 

This happens at a time when many families, and especially the elderly on fixed incomes, are fighting for financial survival in Florida . Don't forget: They were lured here with the promises of sunshine and a low cost-of-living!

  

Funny enough, our legislators realized the need, and tried to give homeowners under financial siege some relief by calling a special session and passing an insurance reform bill that will hopefully lower the premiums.

 

It seems like: The legislators give it and the attorneys – so-called “foreclosure specialists” -- take it away!

 

Specialists? I'm not so sure after reading the court cases regarding FDCPA (FAIR DEBT COLLECTION PRACTICES ACT) violations "Fuller vs. Becker & Poliakoff" and "Agan vs. Katzmann & Korr" . It seems that even these specialists have a problem reading and comprehending consumer-protection laws. Or maybe they are more interested in their own personal gain than Federal consumer protection laws?

  

Consumer protection doesn't always seem to be high priority in the minds of Florida 's legislators! Florida statutes allow these attorneys to foreclose on families' homes for frivolously small amounts -- and add huge amounts of attorney's fees to the actual dues owed. I think this quote by attorney Robert Kaye just says it all: "If they don't actively pursue through collection procedures and unit owners see no incentive to pay, everything comes tumbling down like a house of cards. People find a way to come up with the money to save their homes."  Yes, some people may find a way to come up with the money. But don't forget the majority of the money they have to come up with pays the attorney's fees -- not dues owed. And it's not the associations that are the big winners; it's the attorneys. Many associations would have a lot more money in their coffers if there wouldn't be the often-outrageous legal bills!

 

And it seems some of these "aggressive" attorneys plainly attract litigation.  And often it's fought to protect the personal interests of some board members -- against the interests of the association members. Isn't it kind of suspicious if always the same names of law firms seem to be involved in these lawsuits?

Let's just take a look: Maybe the names Essex Tower Condominium Association, Inc. and Lakebridge Homeowners' Association Inc., ring a bell when mentioning the name Robert Kaye & Associates? 

 

And talking about the law firm of Becker & Poliakoff? Their name were recently associated with some problematic legal maneuvering in Colonial Manor West and Playa Del Mar Association, Inc. .

 

In a time when many Floridians are struggling to pay their bills, these lawyers call for aggressive foreclosure. 

 

I honestly believe that our legislators should take a closer look at what they allow these attorneys to do to the welfare of our neighbors. The word “neighborly” has long disappeared in these associations -- and it seems living in an association has turned into a battle for survival among the strongest! Shouldn't our laws protect the weak?

  

I'm honestly asking our legislators: Why give homeowners and condo owners a relief by passing insurance reform bills and possibly even property tax reform bills, if you still allow these attorneys to run roughshod over our homeowners?

   
"We have a cost-of-living crisis," House Speaker Marco Rubio was quoted to say. That's possibly the polite way to phrase a problem we are all facing. 

But solving insurance and property tax problems will only create a partial relief for owners living in associations. Special assessments with no accountability of the people in charge, coupled with aggressive attorneys, are killing families' budgets.

 

And to add insult to injury: The same "specialists" who told board members that renters are destroying their property values, causing them to create sometimes ridiculous rental restrictions, are now asking these same board members to foreclose on neighbors, acquire the units at foreclosure sale and rent them out. Unit owners attempting to rent their units to increase their income to pay the dues and special assessments are being told that rental restrictions are in place -- and that's not an option! With the market on condo sales all but dead and owners unable to rent their units, they are bound to lose their property -- much to the delight of these attorneys, making a financial kill off the misery of these owners -- while banks and mortgage companies are trying to find feasible solutions without foreclosing on their clients!

 
My question: If renters normally destroy property values, are the renters living in association-owned units -- bought at foreclosure sale -- better renters and improve the property values? Or is it just another gimmick to convince gullible board members to go after their neighbors?

 

Here is the recipe for our legislators to stop this real fast:

Beat the lawyers' to the punch and create the necessary laws that will protect our homeowners and condo owners against ridiculous foreclosure attempts. It's high time! It doesn't help us if you create laws that will lower property insurance premiums and property tax bills, if you still allow these attorneys to foreclose for ridiculous small amounts and fill their bank accounts with the misery of Florida's homeowners!

 

Dry spaces under Florida's bridges are getting scarce!


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