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Problems of Foreclosure and Repossessed Homes Affect Soldier in Texas

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By : John Cutts    99 or more times read
The role that homeowners’ associations (HOAs) play in the ongoing issue of foreclosures and repossessed homes became more evident when an Army Reserve Captain from Texas came home after a tour of duty in Iraq to find that his home had been foreclosed by his local HOA and sold for $3,500.

Michael Clauer’s house in Frisco became one of the foreclosed homes for sale in Texas after the local HOA took over the home because the family owed $800 worth of dues to the association. The Clauer house, valued at around $300,000, was later sold by the HOA for $3,500.

Foreclosed properties in the state continue to rise in number, with city statistics including San Antonio foreclosed homes for sale contributing to the ongoing problem. HOA foreclosures also contribute to escalating numbers, with the experience of Clauer’s family being just one example of HOA foreclosures.

Rules on repossessed homes and foreclosures may differ from one state to another. In Texas, HOAs are allowed to foreclosed homes without the need for a court order. Associations can also foreclose regardless of the amount of unpaid dues owed to them.

According to Clauer, his family did not even know that the house had been foreclosed and was subsequently sold. They only found out when the new owners demanded rent. He also stated that no member of the HOA contacted him or his family to talk to them about the situation. The new owners later sent an eviction notice to the family.

There are several laws that are meant to protect soldiers on active duty from getting their homes foreclosed and to have them offered to people who purchase foreclosure homes. However, the lawyer for the HOA allegedly filed an affidavit claiming that Clauer was not on active duty. The family was able to get an agreement that allows them to stay in their house while the issue is being sorted out by the courts.

The case of the Clauers emphasized the extent of power that HOAs have when it comes to foreclosing properties. Increasing number of repossessed homes and foreclosed dwellings associated with HOA issues has been reported all around the country in the past few years.
John Cutts has been educated in the finer points of the foreclosure market over 5 years.

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