Foreclosure without "DUE PROCESS"
A Total Rip Off by the Industry?
By Jan Bergemann ( 4 - 4 - 2001 )

 
The next Victim of the Texas Foreclosure Scam !
Please click here to read this sad story with comment!

 
It seems very obvious that some overeager boards, management companies and lawyers are using this as an easy cash-cow at the expense of unsuspecting homeowners.
Texas is a very good example of this abuse of power. 
Since 1995, when Property Code 204, promoted by the CAI (Community Association Institute), passed the Texas legislature, there have been over  4400 documented foreclosure filings in Harris County which includes Houston.  These are only numbers from Homeowners' Associations and do not include  townhomes and condos.
Here are 5 very recent examples, how small amounts owed turned into huge payoffs for attorneys and the related industry. In a lot of cases these filings lead to actual foreclosures, because the homeowners are unable to pay the enormous fees.
ACTUAL
Delinquent Dues
Attorney's Fees Cost Foreclosure
Challenge
Appeal Supreme
Court - Writ
Total Cost
$ 122.65 $ 2,500.00 $ 700.00 $ 3,000.00 $ 6,322.65
$ 230.99 $ 2,500.00 $ 700.00 $ 3,000.00 $ 6,430.99
$ 165.35 $ 2,500.00 $ 700.00 $ 3,000.00 $ 6,365.35
$ 176.74 $ 2,500.00 $ 700.00 $ 3,000.00 $ 6,376.74
$ 257.84 $ 2,500.00 $ 700.00 $ 3,000.00 $ 6,457.84
Here are some more explanations for your better understanding:
The Actual Delinquent Dues can consist of regular homeowners' assessments, delinquent fees or fines, assessed by a board with no real legal challenge possible.
These actual very small amounts (see examples above) mushroom into huge piles of money. Many homeowners, who were unable to meet this financial challenge, lost their homes over it. In order to avoid losing their home, the homeowners who don't challenge the foreclosure filing must pay the delinquency plus all late fees, charges, interest and attorney fees.
If it comes to foreclosure, shrewd business people, mostly related to the industry, pick up the property at the auction for "peanuts" and resell at huge profits, leaving another family homeless!
Copied Court documents of the above cases plus many more others are in my possession.

In my opinion these outrageous dealings have to be stopped immediately by our legislators - no question asked. Otherwise the serious question will come up :
Do our legislators vote with their conscience in the interest of their constituents, or in the interest of the lobbyists and campaign funding? 
I personally can't come up good reason for such actions. In my opinion it's another reason why unconstitutional powers should not be given to homeowners association boards and that violations should be prosecuted by our authorities to stop this abuse of homeowners. 
It's about time!

CLICK HERE TO SEE SOME SCANNED VERSIONS OF ORIGINAL COURT DOCUMENTS