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Faster HOA foreclosure law proposed

PHOENIX – Homeowners’ associations in Arizona are largely unregulated with seemingly limitless power.
Now State Sen. John Kavanaugh (R-Fountain Hills) is proposing a law would make it even easier for them to take your home.

Senate Bill 1080 would give six months to bring an account current before foreclosure proceedings could begin.   Right now HOAs have to wait one year or until the assessments have reached $1200.

The bill is a good reminder of how much power HOAs have over your home.  So what can you do to keep it from happening to you?

If it’s at all your assessments on time 
HOA bills aren’t like other bills.  Miss a payment, and within months the amount will spiral out of control thanks to attorney fees.  And good luck making a payment plan. One of our biggest HOA complaints is that many don’t allow for partial payment to help you catch up.

Don’t ignore notices
Every late notice you get will likely come from lawyers who tack their fee on to your bill.  Often HOAs will stop communicating with you, forcing you to correspond with the lawyers. You will likely be charged every single time you do.

Don’t expect them to play fair 
Get a full ledger of everything thing you owe in writing.
Even if they reject your payment, continue to attempt to pay and document that. You may need it if you end up in court.

This bill could affect anyone who misses a payment, but it is not law yet.
If you want to stop that from happening, lawmakers need to know. You can find out how to contact your legislators here.

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Open space but no conservation easement planned for Traveller’s Rest property

Andrew Hertneky, the managing partner for a new group of investors in a 680-acre tract of mostly pristine land less than two miles from Middleburg said his new entity purchased the property so it wouldnt fall into the hands of someone who might have wanted to slice it up and would have had a pure economic interest in dividing it as much as they could.

Hertneky, a long-time executive in the energy industry on the West Coast who now lives in Marshall, said in a telephone interview that his new company  Middleburg Land 1 LLC  plans to keep the land once owned by Travellers Rest LLC between 70 and 75 percent open space, though it will not be placed in conservation easement.

The people involved in this are horse people, he saidThey would like to see as much of the property preserved as possible. 

Travellers Rest, owned by T. Nelson Gunnell and Alfred Rogers Smithwick, both of Middleburg, had filed for Chapter 11 protection last June 16 to avoid foreclosure on the property.  Last month, the U.S. Bankruptcy Court in the Eastern District of Virginia took Travellers Rest out of bankruptcy when Hertnekys group secured an $8.5 million loan from The Fauquier Bank and paid off the creditors.

Gunnell is the founder and co-owner of the nearby Banbury Cross polo facility along U.S. 50 just east of the village that is not part of the 680 acres. The $8.5 million loan was recorded at the courthouse in Leesburg on Dec. 28.

Hertnekys group has the by-right ability to place as many as 38 homes, most of them in a cluster of three- and four-acre lots, on a parcel of land near the intersection of Sam Fred Road and U.S. 50. He said there would be a large amount of open space around the cluster of upscale dwellings and well try to keep the homes away from the roads.

He also indicated the new company has the right to sell at least two more large properties of several hundred acres each.

Wed like to maintain the property so that a majority of it can be used by the hunts,said Hertneky, an avid polo player and fox hunter who is a member of the Old Dominion Hounds. Well have deed-restricted horse trails. There will always be trails that will be maintained with covenants in perpetuity.

He also added his group has no plans to ask Loudoun County for any zoning changes or variances on the property.

We had two choices here, he said. Have a national home builder divide it up, or we could have local people and conserve the property as much as possible and be able to pay off the bankruptcy.

Hertneky declined to identify other investors for now, though Stanley Settle, a long-time land acquisition specialist for Pulte Homes, will manage the development of the property.

According to the bankruptcy court filing, Hertneky will be compensated by receiving a 2 percent guarantee fee, as well as a commission on the total gross sales of property. That includes, for sales up to $15 million, 1 percent; for sales between $15 million and $20 million, 2.5 percent and for sales over $20 million, 5 percent.  Settle will be paid a 1.5 percent commission on the total gross sales of property.

Hertneky offered no timetable for  beginning or completing work on the property, but other sources in the local real estate industry have said a number of engineering studies still must be completed on the site involving soil, water and other items before any ground can be broken. VDOT  has to approve any plans involving access via Sam Fred Road and U.S. 50.

Several conservation groups also are paying close attention to the development plans for the property, including the Piedmont Environmental Council (PEC) and Goose Creek Association.

What he (Hertneky) is proposing is an aggressive interpretation of his zoning rights under the current code, said Chris Miller, president of the PEC. Every effort ought to be made to produce real conservation of this property. We certainly will be monitoring the situation and any actions theyre going to take.

Lori McGuinness, co-chair of the Goose Creek Association, said her conservation group also has been following the situation.

This really highlights the importance of conservation easement, she said, because large farms like this are catnip to developers. 

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County clerk implements neighborhood foreclosure alert program

A new program to help prevent and combat the foreclosure and “zombie” crisis in Erie County was recently outlined by Erie County Clerk Michael Kearns.

The Neighborhood Foreclosure A.L.E.R.T. Program is a collaborative effort working with each municipality in Erie County to preserve neighborhoods and prevent foreclosures, Kearns said.

Through this program, the county clerk will partner with municipal leaders to assist them in proactively monitoring foreclosures in their communities through lis penden filings at the clerk’s office.

Using the A.L.E.R.T. program, notification of a lis penden filing will be made available to municipalities, alerting them that a foreclosure action has commenced in their community. Kearns said the goal is to provide municipalities with earlier detection of a possible zombie property.

Kearns said that as Erie County clerk, he is uniquely positioned to provide community leaders with access to data that is vital to combating the zombie and foreclosure crisis.

“It is imperative that the clerk’s office has direct and specific information as to who in each municipality is responsible for handling zombie properties so that the flow of information is seamless,” he said.

The new Neighborhood Foreclosure A.L.E.R.T. Program database will be updated every Monday. Municipalities will receive login information to access the database and monitor any foreclosures in their communities. In partnership with the Western New York Law Center, Kearns will conduct training for municipal officials on how to report zombie properties and work with banks to move these vacant properties back on the market.

Using the tools and resources available at the clerk’s office to combat the foreclosure crisis is a top priority of the office, Kearns said, noting that it will continue to be proactive in helping neighborhoods bounce back from zombie blight.

“The Western New York Law Center is proud to partner with Erie County Clerk Mickey Kearns to empower municipalities to fight foreclosures in their neighborhoods,” said Kate Lockhart, paralegal with the Western New York Law Center. “By providing data and training to municipalities, we have the potential to both increase the number of families saved from foreclosure and decrease the number of zombie homes across Erie County.”

Another component of the Neighborhood Foreclosure A.L.E.R.T. Program is to alert homeowners of any foreclosure action filed against their property and to notify the owner of the Residential Foreclosure Actions Consumer Bill of Rights, part of the 2016 New York Foreclosure Relief Act, co-sponsored by Kearns as a state assemblyman.

A.L.E.R.T. is an acronym for Accessing Lis Penden data for Erie County and Reporting to Towns, Cities and Villages.

The first training session for municipality leaders will take place Friday, Jan. 26. Weekly reports to municipalities will begin Jan. 29.

Article source:

Ruling Clarifies Statute of Limitations, Damages in Foreclosure Cases

A state appellate court has ruled lenders can sue to foreclose more than five years after the first missed payment, but they can’t collect damages for defaults falling outside the window provided in the statute of limitations.

The Jan. 12 decision in Velden v. Nationstar Mortgage came from Florida’s Fifth District Court of Appeal, but has statewide implications on which foreclosures can survive defense motions to dismiss, and how much plaintiffs can collect if they miss the statute of limitations deadline. It’s significant in a state where hundreds of thousands of foreclosures clogged court dockets after the last real estate market collapse.

A lender typically has five years after a borrower first defaults on a loan to sue for foreclosure. But the Velden decision shifted the starting line, finding a lender can foreclose if any of the missed payments—not just the first—falls within that window. In other words, each new default offers lenders a right to accelerate the loan, demand full repayment or foreclose.

Borrower counsel and plaintiff lawyers have long debated whether or not lenders could accelerate debt outside of the statute. Florida Supreme Court precedent, including Bartram v. US Bank National Association, favored lenders.

“Statute of limitations, res judicata and collateral estoppel are concepts that promote finality in litigation,” said foreclosure defense attorney and Jacobs Keeley partner Bruce Jacobs who is not involved in the litigation. “The idea that a bank can file a foreclosure, lose and refile more than five years later should be problematic. You can’t do that with a car accident case. You get one shot.”

The new ruling from the district court did, however, offer one small win for borrowers: It limited damages by preventing lenders from collecting missed payments beyond the five-year timeline.

That part of the decision drew a special concurrence from Judge Brian D. Lambert, who agreed with the rest of the appellate panel but wanted to go further by keeping all missed payments in play.

If “I were writing on a clean slate, I would not exclude these sums from the judgment and would affirm the final judgment of foreclosure for the entire balance owed on the 30-year note at issue,” Lambert wrote.

The decision stemmed from a July 2014 suit alleging borrower Neil Velden missed his Feb. 1, 2009, mortgage payments and “all subsequent payments”—the magic language that widens the window, according to attorneys. At trial, the court ruled in favor of plaintiff Nationstar Mortgage, awarding the full amount of the unpaid note plus interest, dating back to January 2009.

Mark P. Stopa, of the Stopa Law Firm in Tampa, represented Velden on appeal.

Akerman attorneys Nancy M. Wallace, William P. Heller, Celia C. Falzone and Eric M. Levine worked with Charles Gufford, of McCalla Raymer Leibert Pierce in Orlando, to represent the lender.

Velden appealed the trial outcome, arguing the lower court should have granted his motion to dismiss the suit. He claimed the deadline was in early 2014, and that the lender missed it by about five months.

But the appellate panel disagreed, holding that proof of any missed payment within five years of filing the complaint meant the statute of limitations did not bar the case.

“It’s good that the [DCA] majority in Velden set a reasonable consequence for the bank sitting on its rights for so long,” Jacobs said. “This leaves borrowers exposed to a lesser deficiency judgment after they lose their home. In a small way, that’s a good thing.”

Lambert’s opinion nodded to a similar special concurrence by Florida Supreme Court Justice C. Alan Lawson, who pointed to an even wider window in Bollettieri Resort Villas Condominium Association v. The Bank of New York Mellon.

“Justice Lawson addressed what he perceived to be ‘a widespread and fundamental misunderstanding, in Florida, regarding how the statute of limitations … operates vis-à-vis a long-term note (and mortgage),’” Lambert wrote. “Justice Lawson observed that when the right to accelerate the debt for nonpayment is optional with the holder of the note, the statute of limitations does not run until the note is due, which is 30 years after signing, unless the lender or holder accelerates and declares the full balance due earlier.”

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FORECLOSURE: TCF National Bank v. Ronald Weirick

NOTICE IS HEREBY GIVEN: That default has occurred in the conditions of the mortgage dated November 18, 2002, executed by Ronald Weirick, unmarried, as mortgagor, to TCF National Bank, a national banking association, as mortgagee, recorded in the office of the County Recorder of Dakota County, Minnesota, on January 8, 2003, as Document No. 1981503, which mortgage conveyed and mortgaged the following described property, situated in the County of Dakota and State of Minnesota, which property has a street address of 420 16th Avenue North, South St. Paul, Minnesota 55075, and tax identification number 366270005130:
Lot 13, Block 5, F. Radant’s Addition to South Park
That the original principal amount secured by said mortgage was $124,460.00; that there has been compliance with any condition precedent to acceleration of the debt secured by said mortgage and foreclosure of said mortgage required by said mortgage, any note secured thereby, or any statute; that no action or proceeding to recover the debt remaining secured by said mortgage is pending, or any part thereof; that there is claimed to be due upon said mortgage and is due thereon at the date of this notice, the sum of $105,631.85 in principal and interest.
That as a result of the aforesaid default, and by virtue of the power of sale contained in said mortgage, the said mortgage will be foreclosed by the sale of the above described premises with appurtenances, which said sale will be made by the Sheriff of Dakota County, Minnesota, at the Sheriff’s office in Lobby Number S-100, Law Enforcement Center, 1580 Highway 55, Hastings, Minnesota, on March 5, 2018, at 10:00 o’clock a.m., at public auction to the highest bidder, to pay the amount then due on said mortgage, together with the costs of foreclosure, including attorneys’ fees as allowed by law, in accordance with the provisions of said mortgage. The time allowed by law for redemption by the mortgagor, his personal representatives or assigns, is six (6) months from the date of said sale.
If the mortgage is not reinstated under Minn. Stat. §580.30 or redeemed under Minn. Stat. §580.23, the mortgagor must vacate the mortgaged property by 11:59 p.m. on September 5, 2018, unless the foreclosure is postponed pursuant to Minn. Stat. §580.07, or the redemption period is reduced to five (5) weeks under Minn. Stat. §582.032.
DATED: January 18, 2018
TCF National Bank
By: Karl K. Heinzerling
Atty. No. 142475
Attorneys for Mortgagee
250 Marquette Avenue, Suite 1200
Minneapolis, Minnesota 55401

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Address:Big Oaks Dr
City: Garland
State: Texas 75044
Country: United States

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Lincoln’s UPSL soccer team will play home games at Abbott Sports …

Whenever Clint Robus posts new content, you’ll get an email delivered to your inbox with a link.

Email notifications are only sent once a day, and only if there are new matching items.

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Judge will decide whether Frank White or prosecutor controls anti-drug sales tax funds

The Jackson County Legislature is asking a judge to enforce its recent ordinance that transfers control of the anti-drug and anti-violence agency COMBAT from County Executive Frank White to the prosecuting attorney’s office.

White has ignored the legislature’s wishes since that body overrode his veto of the ordinance, prompting something of a crisis within some parts of county government.

Last week, the deputy chief of the finance department was put on paid leave after refusing to transfer funds out of COMBAT at White’s direction to partly cover the salaries of White aides whose positions the legislature eliminated.

In filing the suit, the legislature set aside for now a proposal from legislator Dan Tarwater to ask the Missouri attorney general to intervene and look at a range of other issues, including questions about White’s eligibility to run for office in 2016, as well as a secret deal to save his house from foreclosure.

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The Star reported last week that White swore “under penalties of perjury” that all his state and local taxes were current when he declared his candidacy in 2016 for county executive when in fact he was past due in paying his 2013 state income taxes. White said it was an oversight.

Last month the newspaper reported that a political supporter who does business with the county quietly helped White avoid losing his house to foreclosure in 2016, which Tarwater and others said raised at least the appearance of a conflict of interest.

Tarwater said he still has the five votes he would need to ask for Attorney General Josh Hawley’s assistance. But for now he said the court action would lead to a faster resolution on who controls COMBAT, which he said was more pressing than White’s personal issues.

Plus, he said Hawley would likely refer any investigation of White’s financial issues to Jackson County Prosecutor Jean Peters Baker, who he said “is still looking at things.”

Legislator Crystal Williams said in filing its own court action, the county will get clear guidance on who controls COMBAT and its $20 million budget. The agency distributes funds collected through a countywide sales tax to law enforcement and non-profit groups that treat and deter drug abuse and violent crime.

“The attorney general is going to want a judge’s opinion the way we want a judge’s opinion,” she said.

News of the lawsuit broke at the close of Monday’s legislative meeting, during which legislators voted to set aside $250,000 for county agencies to hire outside attorneys to deal with this and other issues if needed.

Referring to the COMBAT court filing, chairman Scott Burnett said he and the eight other members of the legislature have “a moral obligation” to see that taxpayer dollars are being spent as the legislature intended.

“It is unfortunate the legislature is having to take legal action to enforce an ordinance passed by this body since the county executive continues to ignore the current rule of law,” Burnett said in a written statement.

White was not at the meeting, White later issued a written statement that did not respond directly to the legislature’s lawsuit but welcomed a resolution.

“Despite numerous warnings,” White said “the Legislature has continued to ignore the significant legal issues surrounding the oversight of COMBAT, which has led to uncertainty and confusion among staff and the community. Therefore, it is important we have a resolution to this issue as quickly as possible, but it must be done appropriately.”

He did not explain what might have been inappropriate about the legislature filing suit.

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Frank White’s finances

The Jackson County executive and former Kansas City Royal has experienced financial problems.

Neil Nakahodo, Mike Hendricks, Keith Myers

The Kansas City Star

Mike Hendricks: 816-234-4738, @kcmikehendricks

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Wyclef Jean Ordered to Cough Up Nearly Half a Million Dollars Over Foreclosed Miami Home

Wyclef Jean has been ordered to cut a check for $484,00 related to a years-long battle after the rapper lost his Florida home to foreclosure.

Recently, a Florida judge signed off on a final judgment against Wyclef, his company and his cousin/producer Jerry “Wonda” Duplessis, ordering them to pay up a total of $484,554.90.

Back in 2008, Wyclef was sued for defaulting on his mortgage for a Miami home he bought but had yet to be finished. The judge ordered the home to be sold off at a foreclosure auction and hit Wyclef with a $2.4 million judgment.

The property was sold to a third party for $1.6 million but left a deficiency of $824,000 owed by the rapper.

Wyclef entered into an agreement with one of the plaintiffs in the lawsuit, The Cruz Family Irrevocable Trust, where he agreed to pay them a total of $350,000. The deal called for him to make monthly installments until the balance was paid off, which should have been in 2015.

But according to court docs, Wyclef allegedly gave The Cruz Family Irrevocable Trust the shaft and never made a single installment payment. The trust went back to court recently demanding the judge sign off on a final judgment against Wyclef over the $350k he owed, plus interest.

The judge sided with them and ordered Wyclef to pay the entire unpaid balance, plus interest, for a total of $484,554.90.

The Cruz Family Irrevocable Trust is now on the hunt for the rapper’s property and assets. They filed docs in New Jersey to begin the process of seizing his assets in order to collect the money owed.

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Foreclosure N semen heading "down under" :: Harnesslink

Oakwood Stud in County Offaly, Ireland has reported that semen from their top harness racing pacing stallion, Foreclosure N, will be made available in Australia and New Zealand shortly.

Kody Charles of KTC Bloodstock in Perth, Australia has been friends via Facebook with Derek and James Delaney of Oakwood Stud for years and they finally met face-to-face in 2015.

“When we first got Foreclosure N in Ireland,” Derek Delaney explained, “Kody contacted me to say he has his dam in Australia and he had a keen interest in him and had followed his success as a sire in the USA. He asked about shipping his frozen semen to use for some of his mares and we stuck a deal to also make it available for outside mares too.”

This will be the first time that KTC Bloodstock, which is run by Kody with his mom and dad and Brittany, have been involved with shipping semen overseas and they are very excited to see his foals on the ground next year in Australia and New Zealand.

“This is a new venture for KTC Bloodstock,” said Kody Charles. “We are very pleased to be selected as Agent for the frozen semen of Foreclosure in Australia and New Zealand.

“It has been a dream of ours for some time to get involved in a stallion, Kody explained. “and I can’t think of no better stallion to get involved in at our first attempt. He is already competing with the best in the states and already has the points on the board from his first small crop. I think he will a big plus for local breeders. He will be supported by our own mares and frozen semen will be available in Australia and New Zealand for a fee of $2,500 including GST.”

Foreclosure N, (Rocknroll Hanover – Pleasing Package A – Fake Left) was bred in USA and foaled in NZ, then shipped back to USA as yearling, raced in the USA and Canada, then bred one crop with 21 foals in the USA.

His oldest foals are now age 4 and have earned over $1 million through their three-year-old season. He finished 6th on the top 20 sires for average earnings for three-year-old pacers in 2017 and sired the Ohio Sire Stakes Championship winner, Drunk On Your Love p,3 1:51.1f. He was also recently honored as the top Ohio-bred 3-Year-Old Colt Pacer of the year in 2017 and earned $328,286 to date.

Foreclosure N’s richest daughter is Rosemary Rose p,3 1:51.4h $255,692, and holds the track record for 3-year-old fillies at Northfield Park with her record mile of 1:51.4 and won multiple legs of the OHSS and won the Grand Circuit event, the Courageous Lady.

World renowned driver Tim Tetrick had this to say about Foreclosure N:

“I think this stallion has a very good opportunity at stud,” Tetrick said. “He is already having fantastic results from a small crop in the USA. I really liked him as a racehorse. He was a real professional on the track that tried hard every inch of the mile. He had a great gait with a great attitude and really wanted to do his work and was one super-fast horse.”

Foreclosure N was sold to Oakwood Stud in 2015 and bred mares in Ireland, Scotland, Wales and England and now is going to be breeding foals in Australia and New Zealand, so it’s fair to say he’s well-travelled once again in his career.

“Our first crop here in Ireland from Foreclosure N are now 2,” Derek Delaney said. “and in training they look superb and the feedback from trainers is phenomenal at this early stage.”

For more information about getting semen down under for Foreclosure N, please contact either Oakwood Stud at or KTC Bloodstock at

By Steve Wolf, for Oakwood Stud

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