Sit down before you read this. Its from MotherJones so....
Michael Clauer is a captain in the Army Reserve who commanded over 100 soldiers in Iraq. But while he was fighting for his country, a different kind of battle was brewing on the home front. Last September, Michael returned to Frisco, Texas, to find that his homeowners' association had foreclosed on his $300,000 house--and sold it for $3,500. This story illustrates the type of legal quagmire that can get out of hand while soldiers are serving abroad and their families are dealing with the stress of their deployment. And fixing the mess isn't easy.
In Texas, homeowners' associations can foreclose on homes without a court order, no matter the size of the debt. In May 2008, the HOA sold the Clauers' home for a pittance--$3,500--although its appraisal value was $300,000, according to court documents. The buyer then resold the house to a third person. (Select Management Co., the company that manages Heritage Lakes, declined to comment for this story.)
It wasn't until June 2009 that May realized what had happened. Around that time, the new owner started demanding rent from the Clauers.
At no point did anyone from the HOA--which is, after all, composed of the Clauers' neighbors--appear to have tried to visit May Clauer's house to talk to her about the problem. "The HOA board members...don't live very far from me at all," Michael Clauer says. There were "neighbors owing much more than us [who] were notified in person of pending foreclosures, but my wife only received a few letters." David Schechter of the Dallas/Fort Worth television station WFAA, which first reported this story, notes that the "Clauers' HOA says homeowners are free to call them, but they do not call or visit homeowners when there's a problem. They're only required to send a certified letter."
There are a bevy of laws that are supposed to protect servicemembers from losing their homes or jobs while they're on active duty, including the Servicemembers Civil Relief Act (SCRA). The homeowners' association's lawyer filed an affidavit wrongly claiming that neither of the Clauers was on active duty, says Barbara Hale, the couple's lawyer. Hale is seeking to have the court reverse the foreclosure and declare it "null and void," she says.
In the meantime, the Clauers have obtained an agreement allowing the family to stay in the home, Hale says. She's "confident that the courts will sort this out and do the right thing," but notes that the drawn-out legal process must be stressful for the Clauers.
Guess she's never been to court before, huh?
Lauren Bean, a spokeswoman for Clauers' congressman, GOP Rep. Michael Burgess, says that Burgess is "aware of Capt. Clauer's issue," but says it is "office policy to not comment on constituent casework."
Even if he can't get his family's home back, Michael hopes that the public will pay attention to his story and push for changes to the laws that give Texas HOAs so much power. "We don't want to see this happen to other people," he says.
UPDATE: Several people have emailed asking how they can help. The Clauers have set up a legal defense fund to help pay for their court battle. You can send checks (made out to Clauer Legal Defense Fund) here:
Clauer Legal Defense Fund
c/o Plains Capital Bank
1629 Hebron Parkway West
Carrollton, TX 75010 This sounds awfully fishy. The HOA only did the minimal required contact required by law (mail). I wonder if the sleezebag who bought the home for 3,500 has any sort of relationship with a member of the HOA....
Y'think? 
|
