Category Archives: Uncategorized
NATIONAL – Federal Court in FDCPA and NCDCA case filed by aggrieved former borrower may disregard findings of fact made by state foreclosure court without implicating Rooker-Feldman doctrine
Attorneys representing a homeowners’ association in foreclosure proceedings filed as a result of the homeowner’s failure to pay monthly assessments may not rely on the completed foreclosure proceedings in their motion to dismiss a federal complaint filed by the former homeowner alleging violations of the FDCPA and NCDCA (North Carolina’s version of the federal FDCPA), even where the District Court may make findings of fact in direct contradiction to the findings made in the foreclosure proceedings.
In Foh v. Chase, 2015 WL 5254312 (M.D.N.C., September 9, 2015), after foreclosure proceedings were completed and the plaintiff homeowner’s residential property was sold, plaintiff filed suit in federal court against the association and the attorneys who had represented the association in the foreclosure. The allegations in plaintiff’s complaint included: (i) statements made in the association’s foreclosure affidavit concerning service were made in bad faith because defendants knew plaintiff had relocated; (ii) despite knowing she was represented by counsel, defendants continued to mail notices directly to plaintiff; and, (iii) defendants misled plaintiff that the foreclosure sale would be postponed to allow for negotiations. Read more:
TEXAS – Great-Grandmother Battles Homeowners’ Association Over Color of Garage Door
An 89-year-old grandmother is facing off with her homeowners’ association in the Glencarin subdivision in northwest Harris County over the color of her garage door
Marilyn Davis, 89, has lived in her house in the Glencarin subdivision for almost 40 years. She loves her home and takes good care of it. She’s been happy here until recently.
“It’s aggravating,” she said.
Davis is referring to an ongoing feud she’s having with her homeowners’ association over a recent paint job.
SOUTH CAROLINA – S.C. may empower gated-community dwellers against HOAs, managers
COLUMBIA — The volume of homeowner association complaints filed with one state regulator since January has already outpaced an earlier year, according to the S.C. Department of Consumer Affairs.
There were 40 complaints for a 12-month period ending in 2013, said Marti Phillips, deputy administrator of the S.C. Department of Consumer Affairs. There have been 65 complaints against HOAs so far since January. The top three conflicts are lack of access to records, unfair enforcement of rules, and fee disputes.
But the consumer affairs agency has no bite. “Really, authority-wise, it’s basically just voluntary mediation,” said Phillips, adding that HOA representatives sometimes do not respond to any outreach from the agency.
“Really, authority-wise, it’s basically just voluntary mediation,” said Phillips, adding that HOA representatives sometimes do not respond to any outreach from the agency.
“There’s no teeth behind it, so to speak.”
Richele Taylor, director of the S.C. Department of Labor, Licensing and Regulation, said her agency also receives a lot of complaints, with the disclosure of documents to residents being among the chief disputes.
“People, they have an HOA, but they don’t actually understand what that means,” Taylor said. “We don’t have any authority or jurisdiction over the homeowner associations.”
Whether that should change is a topic of heated disagreement between individual property owners and business interests.
Taylor and Phillips were among the participants of a study committee Tuesday. The panel was the result of a state budget proviso and will legislative changes to the General Assembly by the end of the year. Read more: