Tuesday, February 21, 2012

Does HUD stand for Home Useless Device?


Hi Buzz,

HUD let the HOA off the hook for sending the mass-mailing letter defaming our business practices because of "freedom of speech".   We knew that was an option.

HUD also let the City of Lincoln explain away why they were not filing the final plat of the 23rd addition, which put complainants in the situation where attorneys were threatening to sue us! by simply stating, "the City made a mistake".

Now that I fully understand the HUD investigative process, a process that they seem to want to be kept a secret, HUD only investigates what is actually written on the "Complaint".   This type of investigation is not to be confused with a typical police investigation, or in fact, any other investigation I am aware of.   My friend at ICE said this is not how ICE investigates.   Buzz, that is how the respondents covered up this case locally.   Another important fact that seems to be secret is that the only person who can re-open a HUD case once it has been closed is the person who closed it.

Really?    HUD in D.C. looked at our case, but never told us what it takes to re-open a case so I don't know that information.   They said it was VERY RARE for a case to be re-opened.   This is important information for you to know, I should write up clearly what I know.   The FFH law classes given to Realtors stop at the comment, "then file a complaint to HUD".

The reason Gary and I find this an outrage is because we went to a really good seminar about "dismantling institutional racism".   It was excellent.  It is an organization funded by the Catholic Church, at least that is what I had the impression of.   I will get you that info.   My husband said white men created these laws.   Now they can tell minorities they care, created laws are doing something . . .right.   Now look at the investigative process they put with those laws.   I guess we can now see why HUD has been a failure in the past 40 years!   HUD remands a case to a local Human Rights Commission.   Towns like Lincoln, 250,000 persons, yet a very small town in function.   In other words, if said HUD complaint somehow steps on the toes of any local person of authority or connection (in our case the largest real estate company in town, 70% of the market, and the 2nd largest law firm in town) they have that inside, secret information about the HUD investigative process!   They can simply make the complaint go away through procedure.   Our original complaint only stated "denial of housing".   That is why everything else was ignored.   That is why respondents made such an effort to overwhelm the LCHR and make sure no one helped us amend our original HUD complaint.  So much for our HUD advocate!   Once LCHR closed our case, only they can re-open.  Frankly, now that I know what I know, I could have written our HUD request for re-consideration on our case better.   But you remember the part where we were totally discredited in this town so that NO ONE would help me, or even speak to me.  I had to figure this all out on my own, while suffering from PTS.   Our case should have included "threatening, interfering and coercing a person helping another person exercise their FFH rights" and of course our case should have been stamped retaliation on Oct. 23, '08.

I am back to filing a complaint to the NE Real Estate Comm. against Rhonda Dodson.   A Realtor started this action against us!   I have talked to Terry Mayrose, our State investigator several times since '09 about this on going saga.  He has also read the LCHR determination and FIR.   Several unfair trade practices were violated:

1)   Making any substantial misrepresentations.

2)  Demonstrating negligence, incompetence, or unworthiness to act as salesperson.

3)   Discouraging another person from purchasing real property, by representing a change has occurred with respect to race, religion.. . .(while they were not expressly stating the "change" we made was due to race, etc. . .AFTER they had full requisite knowledge that we were building a home for a protected class person, and this requisite knowledge is admitted to by HOA attorney in HUD FIR,  they continued the statement that we had "changed covenants" so it will be interesting to see if the Comm. deems the fact that they KNOW, but are just not stating that to others gets them off the hook)  resulting in the lowering of property values, this claim was stated far and wide, also stated in mass mailing letter.  (even though 2 Home services listings only blocks away closed for over $14,000 less then anything we have every sold in the 23rd add.)  They admit in HUD FIR to contacting not just our clients, but also any potential clients to warn them not to buy from us as titles are not clear.  This is Blockbusting.    While I do not have to prove this is done by Realtor for financial gain, I CAN!   Two documented sales lost because HOA Board members made false statements, statements that started with Realtor, turned around and purchased from Homeservices of America.

4)   Intentionally using advertising which is misleading or inaccurate in any material particular or in any way misrepresents any property, terms, values, policies, or services of the business conducted.    (how broad is the word advertising?  Dodson emailed all the HOA Board members making false statements and also made these statements continually in her office)

5)   Inducing any party to a contract of sale or lease to break such contract for the purpose of substituting, in lieu thereof, a new contract with another principal;

6)   Filing any document or instrument purporting to create a lien based on a listing contract for the purpose of casting a cloud upon the title to real estate when no valid claim under the listing contract exists;         (in Nov. '08 I called the Comm. because I was confused about the responsibilities of the licensee due to the fact that it was OUR real estate transaction and Realtor Dodson had stuck her nose in the middle of it.   Les Terreyl, who has since passed away from cancer, was very taken aback.   He knew all about HOA Board abuse and stated, "KIM, you are a licensed Realtor 24/7!)   A Lis Pendens is an instrument.   I think they are talking about creating a lien to cover your real estate commission, but the way it is written is broad.

7)   Failure without just cause to surrender unto the rightful owner, upon demand, any document or instrument coming into his or her possession.    Not only did Realtor refuse to surrender property rights back to rightful owners (our 3 clients!)   Realtor participated in further clouding our client’s property rights by filing Lis Pendens after we were demanding return once we had court order.

8)   Conspiring with any . . .other interested party, either verbally or by submitting false documents, to misrepresent the true and actual sale price of the real estate or the terms actually agreed upon.

The question in front of the NE R.E. Comm. is simple;   Can a licensee hide behind obtuse laws (or lack of laws) and actively violate NE R.E. license law?   I understand that all other persons on the HOA Board, and the Board itself cannot be sued to negligence, but what are the responsibilities of the licensee?   According to our past Comm. Director, the licensee's responsibilities are to follow license law!   Of course we will have to see what they say now.

This is my question to you.   In reading a lot of material about the laws, etc. that govern HOA Boards, it seems that I have seen legal terminology that state the "interest" that HOA's have in the real property in their neighborhood.   Can you give me the legal words for that?   This is the other license law I am thinking Dodson violated;

9)    Failure to make known, in writing, to any purchaser or seller any interest the licensee has in the property he or she is buying or selling.   If the licensee has any interest in the property for sale, said written disclosure shall take place prior to the buyer becoming obligated to purchase the property.  In a situation where a licensee is purchasing property for themselves or for an entity in which they have any interest, said written disclosure by the licensee shall take place prior to the seller becoming obligated to sell such property.   Said written disclosure shall be signed and dated by the other party.   A copy of the signed and dated disclosure shall be maintained by the licensee for five years from the date of receipt by the other party.   In a case where the subject property is listed by a real estate broker, such disclosure may be maintained in the transaction file, in accordance with 299 NAC 3-001.

I understand that typically they are meaning ownership,  my husband and I own a bit of real estate and are very familiar with these laws.   A licensee has to disclose ownership on face of Offer to Purchase.   The last time I spoke to Terry Mayrose he was concerned about the number of phone calls the commission was getting from around the state about homeowners being jacked around by their HOA Boards.  Not only can he not help them, but he cannot even refer them to anyone who can!   It may only be a little chip in the HOA nightmare, but I know the Veterans Administration has taken action making it unlawful for any HOA in America to forclose on a soldier while they are away on active duty.   This case will be a statement about a real estate licensee's inability to hide behind HOA Boards and say any false statement, take any legally bogus action against persons conducting lawful business in their neighborhood.  How's that for getting rid of your competition?

Factor into all of this that my witness Dan Castro will testify under oath that he went to Realtor Dodson's Broker BEFORE July 10, '08 Court Order with his concerns that discrimination was happening due to VH HOA Board filing lawsuit.   Dodson's Homeservices of America Broker knew all about what this HOA Board was doing to us at the time!   THEN, I have Castro testimony (and I believe Broker Mike Elgert will tell the truth under oath) that he was told in Aug. '08 that the HOA Board had the "right to pursue the other issues in the lawsuit".    There were no other issues, they only had the right because we were helpless, but you know all that.   Dodson's Brokers position is true for all other persons on the HOA Board EXCEPT their licensee.   

Forget the federal government, perhaps our State will do something.   Terry Mayrose said for me to file this, then he will review with Gary and I.  He said he may refer this to civil court, in which case there will be a court hearing.  I have no money to hire an attorney but will cross that bridge IF I get there.

If you have any sage thoughts or comments, please let me know.   I really cannot thank you enough for you kindness.   If Homeservices is so darn innocent, then why did they make sure no one in this town would so much as speak to me, let alone help me?

Kim Goranson

PS   I wonder if HOA Board insurance carrier will cover the licensee’s legal expenses?   Realtor Dodson's husband is the attorney for State Farm here locally.   They funded $36,000 to defend original HUD complaint, while we were told not to hire an attorney.   A few months ago I did think to look at the list of donors on the web site for our HUD Advocate.  Wouldn't you know, the ONLY insurance carrier that was a donor was State Farm. . .I have always suspected they somehow got to our "HUD advocate".   I don't know for a fact that State Farm is insurance carrier for VH, but have always suspected that because they have a large corp., office close by and a lot of State Farm personnel live in VH.

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