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2010-06-02 Home Front: Culture Wars

Soldier in Iraq Loses Home Over $800 Debt

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Posted by CrazyFool 2010-06-02 00:00|| || Front Page|| [11132 views ] Top

#1 The HOA should have to pay for this. And the Clauer's dues should not have to go up. That should cause the right amount of shunning and shame.

Posted by gorb 2010-06-02 01:35|| 2010-06-02 01:35|| Front Page Top

#2 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.

If wrongly claimed, then that should be it, right?

Posted by Blinky Ulanter3744 2010-06-02 02:43|| 2010-06-02 02:43|| Front Page Top

#3 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.

The reason for such an affidavit is the Soldiers and Sailors Relief Act. Any rational judge who knows the law and is presented with this action will hammer the HOA. The problem with the Act is that violations are treated as a civil matter and force the individual to process and pay for the redress. Long time past that elements should have been moved over to the criminal side of the courts.

Posted by Procopius2k 2010-06-02 09:00|| 2010-06-02 09:00|| Front Page Top

#4 and they wonder why the suicide rate is so high among the military returning from duty. You experience the horrors of war only too be shit on when you return home. I hope he burns that house too the damn ground

Posted by chris 2010-06-02 10:09|| 2010-06-02 10:09|| Front Page Top

#5 The homeowners' association's lawyer filed an affidavit wrongly claiming that neither of the Clauers was on active duty,

Here is what the law says

(1) AUTHORITY FOR COURT TO VACATE OR SET ASIDE JUDGMENT- If a default judgment is entered in an action covered by this section against a servicemember during the servicemember's period of military service (or within 60 days after termination of or release from such military service), the court entering the judgment shall, upon application by or on behalf of the servicemember, reopen the judgment for the purpose of allowing the servicemember to defend the action if it appears that--

(A) the servicemember was materially affected by reason of that military service in making a defense to the action;

The judge can reopen this.

Now as to the affidavit:

(1) PLAINTIFF TO FILE AFFIDAVIT- In any action or proceeding covered by this section, the court, before entering judgment for the plaintiff, shall require the plaintiff to file with the court an affidavit--
(A) stating whether or not the defendant is in military service and showing necessary facts to support the affidavit;

...

(4) SATISFACTION OF REQUIREMENT FOR AFFIDAVIT- The requirement for an affidavit under paragraph (1) may be satisfied by a statement, declaration, verification, or certificate, in writing, subscribed and certified or declared to be true under penalty of perjury.

This was pretty clearly fraud on the part of the HOA. And its possibly criminal, to give false information on an affadavit to the court, it would be perjury? The law seems to say so.

(c) PENALTY FOR MAKING OR USING FALSE AFFIDAVIT- A person who makes or uses an affidavit permitted under subsection (b) (or a statement, declaration, verification, or certificate as authorized under subsection (b)(4)) knowing it to be false, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both.

...
(d) PENALTIES-

(1) MISDEMEANOR- A person who knowingly makes or causes to be made a sale, foreclosure, or seizure of property that is prohibited by subsection (c), or who knowingly attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both.

(2) PRESERVATION OF OTHER REMEDIES- The remedies and rights provided under this section are in addition to and do not preclude any remedy for wrongful conversion otherwise available under law to the person claiming relief under this section, including consequential and punitive damages.

Looks like someone from the HOA may be going to jail or paying a fine or both.

And it looks like the HOA may be subject to civil and punative damages.

Bastards. I hope the courts do the right thing, stick it to the HOA and its scumbag lawyers HARD.

Posted by No I am The Other Beldar 2010-06-02 11:01|| 2010-06-02 11:01|| Front Page Top

#6 In older terms we call this claim jumping. I hope Texas does the right thing here.

Posted by 49 Pan 2010-06-02 11:43|| 2010-06-02 11:43|| Front Page Top

#7 Pan__ I assume you're referring to the "They needed killin'" rule?

Posted by Bill Hupith7863 2010-06-02 13:57|| 2010-06-02 13:57|| Front Page Top

#8 Yup!

Posted by 49 Pan 2010-06-02 16:38|| 2010-06-02 16:38|| Front Page Top

#9 agreed that the buyer was prolly a relative/friend of an HOA board member. I'd suggest they publish the names of all involved and let street justice prevail before the courts (which can drag onnnnn) take over. A lot easier to get compensated from a probate court :-)

Posted by Frank G 2010-06-02 19:59|| 2010-06-02 19:59|| Front Page Top

#10 i agree frank street justice seems too egt the message across. Now a few hells angels ata WBC protest and all said and done

Posted by chris 2010-06-02 20:08|| 2010-06-02 20:08|| Front Page Top

23:53 gorb
23:35 gorb
23:35 Redneck Jim
23:30 M. Murcek
23:27 Redneck Jim
23:26 JosephMendiola
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23:11 crosspatch
23:10 crosspatch
23:06 gorb
23:01 OldSpook
22:33 European Conservative
22:30 M. Murcek
22:30 phil_b
22:24 phil_b
22:19 JosephMendiola
22:08 Frank G
22:05 M. Murcek
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21:59 trailing wife
21:53 JosephMendiola
21:49 lord garth