FORECLOSURES IN MEADOWCREEK

Remember when someone on the old board stated that foreclosure as a means of collection was seldom used? If you read the November 17th Independent and perhaps took a look at the Constable's Sales listed on Page 5, you might have noticed that four (4) Meadowcreek homes are scheduled for sale on the 7th day of December 2010.

One home had an association debt of $198 plus attorney fees and costs and reached an "agreed judgement". The home value is shown as $170,040 and the amount due under the agreement is $2443 plus costs.

Another had an association debt of $149 plus attorney fees and costs and the court awarded a "default judgement". The home value is shown as $129,950, and the amount due under the judgement is $2000 plus costs.

The other two were similar with default judgements awarded in the $3200 range which included $3000 in attorney fees on each.

This shows that someone is less than truthful when asked about Association foreclosures. It also shows how a homeowner can lose their home over what many would consider an insignificant sum (before the attorneys get involved).

Kinda makes you want to cry - a family home put up on the auction block during what can only be considered difficult times. Remember - yours could be the next victim of this travesty.

LAWSUIT FILED

It is now a matter of public record. For perhaps the first time in Texas history, four new Board Members of a Home Owners Association (Meadowcreek Association, Inc.) have filed a lawsuit naming the incumbent Board Members as Defendants.

In Cause Number 10-DCV-179320 (Fort Bend County), the four new members along with two residents have filed a Petition for Declaratory Judgment and Application for Temporary Injunction, naming Meadowcreek Association, Inc., Terry Strickland, Mildred Johnson Jackson Mills, David Hamner, Eugene Placke and Claude L. Whitaker as Defendants. The incumbent Board, most notably the President Terry Strickland, once again leaving a meeting on March 11, 2010 that was in order and without a proper adjournment, necessitated the legal action. This tactic has been used more than once to stop any Board actions from taking place when the incumbent members no longer enjoyed a majority position at the meeting (See January 30th Meeting blog).

It will be interesting to see how this case develops, as the legal firm (Holoway Jones) that normally represents the Association will certainly have a conflict of interest in defending the incumbent members from a lawsuit filed by new members of the same Board.

The lawsuit details have not been posted to the county website yet, but will probably be available soon. Individuals can visit the Fort Bend website by going to the following link:

http://ccweb.co.fort-bend.tx.us/

The suit can be found under the Civil/Probate Court link.