Disabled Man Threatened with Being Made Homeless over $123

[Guest guest]

It's hard to believe that things like this happen in this country. I am

heartbroken for this poor man. I know if it was my parents I going through this

I

would probably snap. Is there no way this man can get his home back? Is he

able to get an attorney?

Elaina/NY

[Guest guest]

61 Year Old, Disabled Man Threatened with Being Made Homeless over $123

Homeowner Association Dues

March 16, 2005 - By Amherst from American Homeowners Resource Center

(AHRC) News Bulletin

Paradise, California

Sometimes, a name is ironically inappropriate.

Willard Harrington lives in Paradise - at least for the moment.

61 years old, disabled and living alone, Willard has an extremely limited

capacity to read and comprehend written materials due to a head injury sustained

many years ago. His sole income and source of support is a monthly Social

Security Disability check of $824.20.

In December 1987, he purchased a home with money from his parents from

and Rosemary Hanks for $24,250. He has made his regular monthly mortgage

payments to them during the intervening 17 years.

In July 2003, he did not pay his annual $123 assessment to his homeowner

association, Paradise Pines, because he said that he did not know about it. He

has told the association that he has difficulty reading.

Nobody in his association went down and knocked on his door and reminded him.

Instead, the association employed Allied Trustee Services to foreclose on his

home. On June 23, 2004, at One Court Street, Oroville, the association purchased

his home for $1,796.95. The home was worth between $50,000 to $70,000. There was

only $8,900 left on the mortgage.

On July 21, 2004, the Hanks bought the home from the association for $3,134.

Willard had no idea that his home had been sold. He continued to send his

monthly mortage payments to the Hanks - who never told him that they had bought

his home. Willard only learned the bad news when he received a 60 day notice to

leave the property on September 27.

The physical and mental anguish has been overwhelming. He has not been able to

sleep, and has suffered severe anguish and physical distress.

Governor Schwarzenegger vetoed AB 2598 in September 2004 - the anti-foreclosure

bill that had been passed overwhelmingly by the legislature. It prohibited

non-judicial foreclosure for amounts less than $2,500. Senator Ducheny has

introduced an idential bill in this session of the legislature.

Homeowners across the state are outraged once again by what they see as the

heartless exercise of a power given to a homeowner association in the

Stirling Act by the very CAI lawyers who profit handsomely from such

foreclosures. They wonder when the governor will realize that these foreclosures

must stop.

One homeowner mused, " We are making progress here! Willard lost his home for

$123. The Radcliffs in neighboring Calaveras County lost theirs for $120.

California likes to think of itself as being on the cutting edge, but the

homeowners are the ones being cut. "

A court hearing is set for May 13. Willard may be forgiven for wondering if he

is living in Paradise or hell.