A Soldier serving in Iraq lost his Frisco home to foreclosure over late homeowners' association dues, renewing a debate over the power of HOAs in Texas.
The case, which has boiled over to involve federal judge, a publicist and death threats, began when Michael and May Clauer lost their $315,000 home to foreclosure in May 2008 after falling behind on their association dues.
The Heritage Lakes Homeowners Association was initially owed $977.55 and sent multiple notices by certified mail demanding payment. All went unanswered, said David Margulies, spokesman for the association and its management company, Select Management.
The problem, according to a lawyer for the Clauers, was that Michael Clauer -- U.S. Army National Guard Capt. Michael Clauer -- was deployed to Iraq.
His wife, suffering from depression over her husband's absence, had let mail pile up and didn't open any of the certified letters. May Clauer and her parents owned the house mortgage-free.
Barbara Hale, who is representing the Clauers in a lawsuit to get their house back, argues her clients are protected from foreclosure by the Servicemembers Civil Relief Act. The federal law protects those on active duty from certain financial and legal obligations, including foreclosure, without a court proceeding. Capt. Clauer was on active duty from Feb. 15, 2008, to Oct. 9, 2009.
"This is so outrageous," Hale said. "There's a strong opposition to the power that HOAs are granted in Texas that goes beyond Capt. Clauer and his military status."
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This is terrible.
ReplyDeleteTouchy case. Is Texas a community property state? If not, the home, according to the story, was owned by the wife and her parents. This might stretch the parameters of the Soldiers and Sailors Relief Act, which should be modified by Congress, if necessary, to protect the military from such foolishness. Like they don't already have enough to worry about, but come home to no home.
ReplyDeleteHOAs are horrible. they should be shot and hanged and shot again and dragged into the street and hanged there and shot one more time.
ReplyDeletethen let all the little kids kick them and throw stones at them.
9:52 - That's what I was thinking. I work for a bank & we deal with the S&S act. His name would have to be on the deed for it to be covered unless TX is community property.
ReplyDelete