bobdina
06-26-2010, 11:49 AM
Soldier Loses Home While Deployed
June 26, 2010
The Dallas Morning News
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."
Margulies said his clients are aware of the law and routinely check for military connections before foreclosure. In this case, he said, a letter from the military incorrectly stated Clauer was not in the service.
"This was the perfect storm," said Margulies, noting his clients took all the required precautions. "Nobody's ever seen this situation."
That probably includes the homeowners association, which has become the target of public outrage, receiving hundreds of e-mails and letters -- even death threats. Enter Margulies, a Dallas public relations consultant whose clients have included Walmart, an investor in a travel company accused of deceptive sales and advertising practices, and a tile company accused of dumping toxic waste.
"The HOA would love to see him get his house back," Margulies said of Michael Clauer, who commanded a company responsible for convoy security. But Margulies said it's out of their hands because they don't have the home.
It was purchased at auction for $3,201 by Mark DiSanti of Dallas and Steeplechase Productions. Neither DiSanti nor his attorney could be reached for comment.
The house was sold in May 2009 for $135,000 to Jad Aboul-Jibin of Plano.
His attorney, Roland Love, said, "Mr. Aboul-Jibin supports our country and Soldiers and has no objection to Ms. Clauer getting the home back."
"My client is an innocent purchaser in this and simply needs to be reimbursed, which no one has offered to do."
The Clauers have been allowed to continue living in the house under a judge's order. And this week, a federal district judge ordered all the parties involved to get together to try to reach a settlement on the question of ownership.
Trey Branham of Goldfarb Branham LLP in Dallas said if the suit's allegations are true, the HOA may have a significant legal problem.
"There's some law in Texas that says property is unique and if you take it wrongfully, you're obligated to get it back," said Branham, who has represented both HOAs and homeowners on various legal matters. Other options, he said, could include buying the couple another house or paying them what the house was worth. "But none of them is inexpensive," he said.
June 26, 2010
The Dallas Morning News
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."
Margulies said his clients are aware of the law and routinely check for military connections before foreclosure. In this case, he said, a letter from the military incorrectly stated Clauer was not in the service.
"This was the perfect storm," said Margulies, noting his clients took all the required precautions. "Nobody's ever seen this situation."
That probably includes the homeowners association, which has become the target of public outrage, receiving hundreds of e-mails and letters -- even death threats. Enter Margulies, a Dallas public relations consultant whose clients have included Walmart, an investor in a travel company accused of deceptive sales and advertising practices, and a tile company accused of dumping toxic waste.
"The HOA would love to see him get his house back," Margulies said of Michael Clauer, who commanded a company responsible for convoy security. But Margulies said it's out of their hands because they don't have the home.
It was purchased at auction for $3,201 by Mark DiSanti of Dallas and Steeplechase Productions. Neither DiSanti nor his attorney could be reached for comment.
The house was sold in May 2009 for $135,000 to Jad Aboul-Jibin of Plano.
His attorney, Roland Love, said, "Mr. Aboul-Jibin supports our country and Soldiers and has no objection to Ms. Clauer getting the home back."
"My client is an innocent purchaser in this and simply needs to be reimbursed, which no one has offered to do."
The Clauers have been allowed to continue living in the house under a judge's order. And this week, a federal district judge ordered all the parties involved to get together to try to reach a settlement on the question of ownership.
Trey Branham of Goldfarb Branham LLP in Dallas said if the suit's allegations are true, the HOA may have a significant legal problem.
"There's some law in Texas that says property is unique and if you take it wrongfully, you're obligated to get it back," said Branham, who has represented both HOAs and homeowners on various legal matters. Other options, he said, could include buying the couple another house or paying them what the house was worth. "But none of them is inexpensive," he said.