Senior Citizens, Veterans and the Disabled are Shocked to Learn Their Homes are Foreclosed

 

 

A retired US Air Force veteran, and former telecommunications executive, battles dementia. Having suffered two strokes, his neurological condition has noticeably slowed his mental processes, diminished his executive decision-making abilities, and sometimes makes him a bit irritable. Is he forgetful? Undoubtedly. Does his cognition lag? Certainly. Does he speak slower than before? Definitely. But regardless of whether his decisions are always sound or not, our love and protection for him remain unwavering.

Not long ago, his Homeowner’s Association (HOA) foreclosed on one of his rental properties and he didn’t know it sold until it was too late with no right of redemption. 

 

 

 

 

 

Despite some notices going unnoticed and unanswered, he made a point to respond to those he saw. He tried to communicate with the HOA, sent letters, and dispatched checks, but he was met with an unsettling silence. Although his monthly dues amounted to a mere $15.00, he has always been punctual with his mortgage payments. He and the bank even transferred almost $3500 to the HOA responding to their letters. After half a year of silence, his three-bedroom rental property, featuring a pool and equity of $300,000, was sold for a fraction of its value.

 

 

My father is comparatively fortunate. This property was just one of several rentals he owns, and he has the resources to enlist a lawyer to battle for him.  The mere point is that money was no issue regarding paying small HOA fees.  

 

 

 

 

 

Now, consider this situation. You are receiving notices from your HOA, some which looks like junk mail, insisting you owe them a substantial sum which you thought was already paid and at the same time you are visiting your spouse in the hospital everyday worried about her condition.  The HOA ignores your attempts to communicate, making your only option to challenge their claims through a costly lawsuit. It’s a strategy that echoes the sentiment of the famous quote from the Godfather film: “I’m going to make them an offer they can’t refuse.” A brilliant business move, perhaps, but one that has the potential to inflict harm on innocent people.

 

 

We are not seeking to abolish the HOA’s role. What we call for is increased transparency, better communication, and the implementation of strict guidelines when it comes to the risk of losing a home over unpaid HOA dues.
For seniors with dementia who may occasionally forget to pay their dues, how can they cope when their bills suddenly surge over $1000 in one month without any possibility to question this? What happens when they are unknowingly foreclosed upon after paying the amount requested in thousands of dollars, thinking the HOA must be satisfied with their payment due to their silence?

 

 

 

 

 

It is feasible for investors to target any HOA community across the U.S., identifying the most attractive properties for acquisition. As a matter of fact, I filed a preliminary patent for two software pieces that demonstrated this potential, primarily for commercial properties, but it could apply to residential properties as well.

 

 

 

 

We want to thank Senator Pat Spearman proposing Nevada Senate Bill 175 on revising provisions governing common interest communities which changes HOA foreclosure practices especially for seniors, veterans and disabled.  

 

 

Message legislators in your state.  Ask them to review laws around HOA’s and Community Association developments.  These are some of the most vulnerable citizens in our society.

 

 

 

There are 56 million people over age 65 and 10% have Alzheimer’s Disease. Approximately 60 percent of the population live in communities governed by HOA’s, Home Owner Associations.  Many Americans have lost their homes due to unconscionable practices which led up to  foreclosures deployed by Home Owner Associations.

 

 

 

We’re not asking for the dissolution of dues.  We are asking for more communication.  Many of these exorbitant increases in fees of over $1000 in one month need to be discussed with the homeowner before they snowball into foreclosures.  HOA’s should be required to respond to questions from the owner especially if he left messages and sent letters and checks.

 

 

 

Dad, is a retired veteran with Alzheimer’s, and Vascular Dementia. He owns rental properties has several tenants.  In January 2023, one of his tenants texted a photo of a 3-day notice taped to his door from the unknown “new owner”.

 

 

 

He thought, “Was this a hoax?” The mortgages are paid and he sent checks to the HOA’s through the end of the year.  He was waiting for a response from the HOA after he had called, sent letters and checks through the end of the year.  There was no answer, no response to the phone messages, no response to his letters and checks.

Six months later, the property was foreclosed without his knowledge.  How could a $15 dollar a month HOA fee turn into a foreclosure without his knowledge?  He had the cash to pay his HOA dues and he did pay throughout the end of the year.  And whether the total was Some months increased over $1,000.

 

 

 

Whether it was 5,000, 10,000 or whatever the cost, he would have paid it in cash if he had known his property would be foreclosed.  This was a 3 bedroom 2.5 bath house in Silverado Ranch with a pool.  Market price $400,000 with $300,000 in equity sold for Pennies.

Is it fair to foreclose on a Veteran who has served for our country?  Is that how we’re going to give back?  And the Disabled.  

 

 

 

 

We are not advocating to cancel homeowner dues.  Of course HOA dues need to be paid.  And they would have paid if they only knew.  But we need tougher laws.  We need them to be stringent enough so that so many people can have a chance to save their home.  It cannot be so easy for seniors, veterans and the disabled to loose their homes.

 

 

 

 

Here are some examples of what Homeowner Associations and their collections agencies do :

 

 

 

  1. High late fees – from a $15 per month dues to over a $1000 increases in one month
  2. HOA’s ignore homeowner calls and requests to discuss fees  
  3. HOA’s ignore homeowner checks and letters
  4. Notices are sent from HOA’s that look like junk mail
  5. Notices sent by mail with no homeowner signatures required
  6. HOA’s don’t return calls to the homeowner to discuss fees
  7. HOA’s don’t visit or knock on doors to discuss fees
  8. HOA’s don’t tape notices to the homeowner properties
  9. HOA’s don’t respond to letters or checks or calls.
  10. Therefore the homeowner thinks especially after he has sent HOA dues through the end of the year that the property is fine.
  11. The Homeowner has no right for mediation
  12. The Homeowner has no right to discuss with the Ombudsman.
  13. The Homeowner has no right of redemption.
 
 
 

More statistics:

  1. According to the US Census, there are 56 million people over the age of 65.
  2. According to Cleveland Clinic, up to 10% of those over age 65 have Alzheimer’s disease.
  3. And about 50% of people older than 85 have Alzheimer’s disease.
  4. 60% of the US population lives in HOA communities.
  5. In Nevada, according to statistica, there are almost 520,000 over 65
  6. 10% of 520,000 these may have Alzheimer’s even if they are not diagnosed.
  7. 16.5% of Nevadans live in HOA communities.
  8. Many HOA communities are known to deploy unfair practices such as rapidly increasing fees, non-communication about the breakdown of their fees to homeowners leading to surprise foreclosures.  Many individuals find out their home has been foreclosed after it is too late … even though they have plenty of money to pay for the dues and late fees.
 
 
 
 

Homeowners Associations exist all over the world.

Hello! Thanks for joining us in signing these important petition. There is never a fee, $0.00, and we will never keep your information for fundraising. Please sign the petitions or send a comment to us below and send this link to friends, family and most importantly to your lawmakers so they can sign it and consider changing the laws in your state.  Ask them to ignore those lobbyists that could care less about our most vulnerable citizens.  Urge them to change the laws to notify individuals immediately after the home has been sold, especially those which make it easy for Homeowner Associations to force foreclosures on Seniors, Veterans and the Disabled even if they do have the money to pay for their HOA fees.  Other states are more compassionate to seniors, especially with Alzheimer’s.

 

 

 

 

 

 

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