An $800 bill that SHE HAD ALREADY PAID!  STOP THIS MADNESS!

[url]http://www.worldnetdaily.com/frame/direct.asp?SITE=www.chron.com/cs/CDA/story.hts/metropolitan/895888[/url]

[b]An $800 bill costs woman her home
Neighbors help widow fight community association [/b]

By DALE LEZON and S.K. BARDWELL
Copyright 2001 Houston Chronicle


Wenonah Blevins, an 82-year-old widow, had lived alone in her Champions subdivision house for 15 years with the fear of opening her door at night.

On April 10, she opened her door during the day to discover what she never would have imagined -- a constable with an eviction order and a moving van to take her away from her $150,000 home, which was paid in full.

"It has been just like a hideous nightmare," Blevins said of the past month. She now is staying with a friend.

Over the next few days, Blevins would discover that a check for more than $800 she wrote to the Champions Community Improvement Association in August, for two years' worth of dues, had never been cashed.

Instead, the association had gone to court over the $814.50 in dues, won a default judgment against Blevins, and sold her house at an auction for $5,000.

All without her knowledge.

"I was just devastated," Blevins said. "I didn't know what to think."

Tuesday night, hundreds of angry and confused Champions subdivision residents jammed a neighborhood church meeting hall demanding to know why one of their neighbors lost her home for unpaid homeowners' association fees.

Association president Al Brooks said the governing body followed proper procedures to auction the home.

However, Blevins' supporters said the nine-member board was morally wrong to seize and auction the home, and the neighbors want to get Blevins' house back. Dozens of people accused the association of insensitivity and callousness.

"On the surface, it's appalling," said Ed Terry, a Champions resident for 27 years.

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He said the incident made him embarrassed to say he lived in the upscale subdivision in north Harris County. Brooks said Blevins filed a lawsuit against the association, and it may cost a great deal of money to satisfy the company that bought the home.

"If we're going to do anything as an association, as a neighborhood, the question is how much money will it cost?" Brooks said.

Susan Arkell, a Champions resident, said she hoped the community could buy back the house for $7,000 under a state statute that allows people to recover foreclosed property. The courts, however, will have to decide the case, said Marian S. Rosen, Blevins' attorney.

"We just need some answers," said Arkell. "A lot of people want to do everything, as a neighborhood, to correct the mistake that has been made."

The association assesses dues of a little more than $400 a year for garbage collection and other services, Rosen said.

In August, Blevins took a check for more than $800 to the association's offices in the 14500 block of Wunderlich and dropped it in the mail slot to pay two years' worth of dues, Rosen said. She said the association never cashed the check because it had already begun proceedings against Blevins.

Correspondence about the property was mailed to "Mr. W.L. Blevins," and was mistaken for junk mail, Rosen said. A process server looking for a man repeatedly visited Blevins' home between 7 and 9:15 p.m. when Blevins does not answer her door, she said.

"She is an 82-year-old widow," said Rosen. "She has no children, no family. She and her cat live in this lovely $150,000 house, fully paid for.


"They took her home for a bill of $814.50. They filed suit and took a default judgment against her. With penalties and interest, it was close to $5,000, and that's what the home was sold for at auction," Rosen said.

The house was purchased by Danny Hilal, of First Capital Interests. Neither the association nor First Capital could be reached for comment Tuesday.

Rosen was granted a restraining order preventing the association, Hilal and First Capital, and Marc Seymour, whose Security Storage business took all of Blevins' possessions, from disposing of any of Blevins' property pending a hearing in a state district court scheduled for Friday.

The association's attorney told Rosen the association wanted to resolve the problem fairly.

"There is hope," Blevins said Tuesday. "The response of my neighbors and everybody has just been overwhelming."

There is more to it than that.

The old lady didn't show up in court, more than once.  It sounds like a pissing match, and the homeowner's associations quite often have a very big bladder.

Cible -

Our association had a guy into us for $6,000 for about 6 years.

We didn't steal his house, just put a lien on it.

Wow, that's a shame.

Saw this on the local news last night.  The homeowners assn president, Al Brooks, admitted to never picking up the phone and calling Ms.  Blevins. At least, Ms. Blevins has a very competent attorney handling the matter.

This is another example of the problems in Texas with runaway homeowners assn's.  Problem will have to be addressed by state legislators soon.  This may be the case that draws enough media attention to force the politocs to fix the problem.

Just think, if they can get your house how easy will it be to get your guns.

I would never live anywhere that had a homeowners association. This is just one example why.

I thought thats why we pay state and property  taxes...?


BISHOP

That is what usually happens.  While I made it sound like a afct that she didn't show up twice in my above post, I have no idea if that is true, but it is what you need to do where I'm from.  She has due process rights that are pretty common-sense.  For her house to get sold out from under her without her knowing about it until it's too late requires an awful lot of screwing up.

Don't get me wrong; I HATE homeowner's associations, and I hope she wins BIG TIME, but I'm pretty sure there are details that we are missing here.

i am actually shocked. i really don't believe this.

I feel bad for the old woman and wish it works out for her. But homeowner associations are another form of people saying take care of me. I don't have a homeowners association and I like it that way. I don't want to ask what color to paint my house. I don't want a monthly bill for garbage. All kinds of stuff. In this world you have to answer to to many people. The homeowners association is one I can do without.

I hate to be thr voice of dissent here but I promise you there is much more to this than you are hearing.

Civic associations can't, repeat can't just forclose on a person's house with out due process of notification like mailed letters, and finally certified letters.

Do you really believe that this civic association did this "without her knowing a thing" about it?  Do you really believe that this civic association, comprised of fellow neighbors, took this action without several attempts to notify the owner?

No way. You guys are not getting the whole story.  This neighborhood is about 30 minutes from me and I know some people living around there.  I suggest you reserve judgement until you have all the information - which will be never in this case.  Remember where you are getting your information (or disinformation), - from the media.

BTW, I happen to the Chairman of our neighborhood's civic association so I know how things have to be done.

I make no judgements about this case either because I don't know exactly what transpired.  But the "report" above is bunk.

CMOS

I cry bullshit, I cry piker.

That lady is such a piker and liar to boot.

she didn't know her check wasn't cashed?  Bullshit.

She didn't know her house was getting sold?  Bullshit.

I was renting a house and it was sold at auction, the mail I received announcing the court dates, legal action, etc., filled a file 3/4" thick.  Then they came and NAILED a notice to the door.

This lady is a piker straight up.  Pay your bills piker, you won't lose your house.

I had been in the mortgage business for the last 2 years and 100% of the people with bad credit "really" had good credit, they just got wronged somehow.  0% of them said, "yup, I'm a piker, I just didn't pay my bills."  It was always, "Oh, they lost my check."  Really, they lost your last 24 checks and you didn't receive notice for 2 years?

My favorite is, "8,000? to Sears?  I never had an account with them."  Really?  What about the other 15 chargeoffs?

geez, you guys are so gullable, you'll believe anything.  To sell someone's house, you have to go through major hurdles, only STUPID people get their house repo'd unless they want to walk away from it.

If the lady is old and nuts, that's different.  In that case, she can get a stay from a judge and have the order reversed.  But possession is 9/10ths of the law, she should have done that in the 48 hours before the eviction when they nailed the notice to her door.

[B]In August, Blevins took a check for more than $800 to the association's offices in the 14500 block of Wunderlich and dropped it in the mail slot to pay two years' worth of dues, Rosen said. She said the association never cashed the check because it had already begun proceedings against Blevins.[/B]

Fight for your rights, sorry, but delivering a check does not mean a bill is payed.  Why do you suppose they didn't cash her check?  Because she owed more than $800.  Once legal has started she must pay any associated fees.


[B]Correspondence about the property was mailed to "Mr. W.L. Blevins," and was mistaken for junk mail, Rosen said. A process server looking for a man repeatedly visited Blevins' home between 7 and 9:15 p.m. when Blevins does not answer her door, she said.[/B]

Oh, I've heard this a million times.  "I never saw it in the mail."  Sure, if it was once, but she probably received dozens of letters, many no doubt from her association (hard to mistake those as junk mail), and many from the County Clerk with a marking on the envelope about an impending court case.

Stupid yes, feeble minded most definately, early alzheimers?  most probable...

Fight for your rights, we get enough BS hype from CNN, read between the lines buddy!

All I can say to her is:

B!TCH! Pay your bills!  DEADBEAT!

Paul