LETTERS
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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Lincoln
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Connie, I have just received a call from Nancy Muehling,
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