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Sunday, June 17, 2007

Comments

John

For people who cannot afford their monthly payments and cannot refinance, and who owe more than their house is worth, a short sale may be the answer. More about short sales in a moment. Deed in lieu seems preferable. In deed in lieu, you deed your house to your mortgage lender and that ends the foreclosure process.
http://www.thejohnbeck.tv

John

Late payments can and do affect your credit, but nothing hurts your credit worse than "mortgage lates". If you possibly can you want to pay your mortgage payments on time and in full. If this becomes impossible for you to do it's time to do something serious in order to preserve your credit. At some point saving your home may not be the primary concern. Remember, it's just a house and you can always get another house, but if you damage your credit you may not be able to do that. So make sure you have your priorities in order.
http://www.thejohnbeck.tv

Jordan Fogal

Silence of the foreclosures...Arbitration clauses

We have spoken before the subcommittee of the judiciary June 12,2007. We have been in Washington Monthly, Mother Jones and People Magazine. Those who are surpose to be consumer protection agencies that turn a blind eye are as guilty as the crooks hiding behind arbitration clauses. My house is on the market again waiting for it's next victim....how can this continue to go unchecked. We need a congressional hearing to stop the war on consumers. A 90% increase in foreclosures has occurred from last May to this May? Hello.... Is there anybody out there that knows this except those who are losing their homes before YOU? If you have an arbitration clause please do not deceive yourself YOU CAN BE NEXT. At least read that is all we ask, get prepared, get you family ready for this national disaster. This catastrophe has already begun.

If arbitration is just so wonderful, then why is it forced on us?
The first night in our new home, my husband decided to try out his new Jacuzzi tub on the third floor. When he pulled the plug, one hundred gallons of water crashed through our dining room ceiling. This was not one Overlooked plumbing connection, as my husband so desperately wanted to believe. It was a preview of coming attractions.

Our builder. They would seal up the windows on the inside so the water wouldn't come in, and then they would seal up the cracks in the outside stucco so the water wouldn't run out. So, the walls just filled up with water and mold.

We had the mold tested by an accredited laboratory, and they said they had never seen toxic readings that high in an inhabited dwelling. Prior to this, we had not mentioned the nosebleeds, headaches, the swollen eyes, and the sinus infections because we had seen how people were treated. Their defects were dismissed because the homebuyers were crazy hypochondriacs.


Our builder Tremont Homes/Stature Construction Company knew how defective our house was, so they took out some insurance. They added a binding arbitration Clause to our earnest money contract.

According to arbitration clauses, any dispute past, present, or future puts the builder in a fail-safe position ... and the homeowner forever in jeopardy. We have lost our right to a trial by jury, our seventh amendment rights that we thought were guaranteed under the constitution; and now many of us are being frightened into giving up our first (freedom of speech).

The builders can force us into arbitration by simply calling us disputes, which we most certainly all are. We are supposed to buy and shut up; or after we have signed this consumer-cursed clause, we are in impending danger. Many of us now understand arbitration, and would advise any homeowner to avoid it like the plague. Foreclosure is not as painful, abborrant, or as humiliating as binding arbitration.


Arbitration is like a jail sentence: your possessions and money are taken from you; others have complete control over your lives. You are forced in legal handcuffs into a secret kangaroo court held behind closed doors and the rules of law no longer apply. No one will know what happens to you. It will just be your word against the builder.

Arbitration is used to victimize and silence what these builders are doing. If you do not complain... or try to get your house repaired, or just let it go into foreclosure... then you can escape arbitration, and you will avoid being raped again. Raped again ...that was what a woman from Milford Ohio called arbitration last week... she is 82 years old.


You are guilty until you prove your innocence; the entire burden of proof is on you, the homeowner. Everything you have ever known; it is upside down. The perpetrator has been allowed to file on the victim. This is like sending a small child into a room of sexual predators without supervision.

Why would anyone ever chose to go behind closed doors without a clue as to what was going to happen to them... knowing whatever ridiculous decision was rendered... it would not-only be upheld by the court... but there would be no appeal!

Most victims of arbitration come out in shock; many are under gag orders, referred to as secrecy agreements so they cannot tell what has been done to them.

There are lots and lots of advertisements by the builders in the Houston Chronicle. Strange, how they overlooked the Judiciary Hearing on arbitration clauses - Tuesday, June 12, 2007...where a Houstonian received an invitation to testify before a subcommittee of the United States Congress, on the effects of binding arbitration on the consumer. Read that testimony at Written Testimony Submitted by Jordan Fogal (http://judiciary.house.gov/OversightTestimony.aspx?ID=983),

There are two bills that have been introduced in the House relating to Binding Arbitration and the Federal Arbitration Act (FAA): HR 1443 (Consumer Fairness Act of 2007) and HR 1519 (American Homebuyers Protection Act).


The hearing at which Jordan testified, was a preliminary, informative hearing on how Binding Arbitration affects consumers. It may have been a prerequisite to pass these bills. If the sub-committee endorses these bills, they will then go to the House floor for passage, then on to the Senate.

We are asking that people who have had adverse experiences with Binding Arbitration to, please submit your complaints via GiveMeBackMyRights - Tell Us Your BMA Horror Stories (http://www.givemebackmyrights.com/bma-tellus.php).

Jordan Fogal

Houston Tx

jfogal281@aol.com



Jordan Fogal

Honey, Get The Kids in the car; Look at These Housing Give-a-ways!

Actual Adds from last Sunday's Houston Chronicle

Oh honey, we've been waiting for a new house for so long, saving and ...just look at today's paper. They want us to have a new home so badly ...just look at all these advertisements! Look at the pictures of all these gorgeous, affordable homes; just look they are practically giving them away!

LOOK VERY CLOSELY at today's paper: Houston does not feel the pinch of the 90% foreclosure rate and the years of easy money. Believe that? If you do, I have an uninhabitable home built by Tremont / Stature you can get cheap, or numerous previously uninhabited 3-year-old town homes at Tremont Towers. They are not for the faint of heart, or those who enjoy good heath. They have other homes for you quietly leaking throughout the city. They have chosen to cease to advertise - so would I. Wonder why?

Builders are making a last ditch run, at whomever they can round up to dump their inventory on ... except, of course, Bob Perry with his 40 years of exploitation. He is advertising that he can throw you up a lovely new home in four months or even less. He is also offering a "limited" selection of new homes in Spring, TX, amid the bounteous foreclosures.

"Leaky Weekly" is also after his last victims, offering his "employee special pricing." Have they got a deal for you... badda badda bing

We have Fantasy Rylands ... get an outdoor kitchen free! They are giving away a vacation and guess what else... Fantasy Financing. As if we haven't had enough of that already.

Let's see, we also have Ashton Woods - $25,000 in free upgrades! You can have all new appliances! Wow, get the car started honey! There are only 10,500 new homes out there, and they are serving refreshments!

Lenar has only 74, and they are priced to go. They have featured pricing, special incentives and of course Financing programs. Oh, hurry honey!


Legend Homes has homes ready for move in, three preferred lenders to get you qualified, baby, free appliances, another $15,000 in closing costs, upgrades; or we can use their money for price discounts.

Father's Day Special, oh sweetheart, we can wrap it up for you for Father's Day with Royce Builders; and you can save $30,000 dollars. We will save $30,000 - it is just like free money, baby!

Village Builders say, time is running out... so they will save us thousands. Time is running out to own the home of our dreams. Have you got the checkbook? There are buyer incentives on all new homes and prizes are highlighted. Let's see now, we have only 10,500 to chose from; and see how many foreclosures. You know, we could get a deal there ... from idiots who overspent or got a sub-primeā€¦ but new houses just smell so, so new, don't they? No one else ever even lived in them - our own little corner of the world, the American Dream.

Listen up Houston shoppers, we have a special on aisle three. Do you hear me screaming at you? Foreclosures are not all sub-primes. Some are substandard houses with astronomical defects that had arbitration clauses, and we know that we were covered up in misleading statistics. If you buy a house from foreclosure, the seller does not have to disclose defects... neither does the builder of those houses you are going to go see. Run on out there, and grab yourself a deal; but before you sign away your life savings, financial, emotional, and physical health, would you please ask you builder just two questions?

If his houses are just so swell, how come he has an arbitration clause to insure himself from lawsuits? If he is so proud of the quality of his workmanship, he wouldn't need that little insurance... now would he? I am just as positive as I can be that if you ask him to remove this little clause, he will just be so accommodating ... as he ushers you off his property.

Your second question for your chance-of-a-lifetime, friendly builder: Does your homebuyer's warranty warrant habitability? HBW, those super duper 2/10 policies are being investigated in12 states; but of course, not in your home state.

There are lots and lots of advertisements by the builders in the Houston Chronicle. Strange, how they overlooked the Judiciary Hearing on arbitration clauses - Tuesday, June 12, 2007...where a Houstonian received an invitation to testify before a subcommittee of the United States Congress, on the effects of binding arbitration on the consumer. Read that testimony at Written Testimony Submitted by Jordan Fogal (http://judiciary.house.gov/OversightTestimony.aspx?ID=983), then see if you want to run like frantic lemmings after these conniving deals to ruin you and your family's lives.

Don't think you can't be the next arbitration, foreclosure, bankruptcy victim... Neither did the rest of us. There are predicted to be well over 2.4 million more foreclosures this year. Want to gamble with your families security... go get your free hot dog.

Jordan Fogal

jfogal281@aol.com


Jordan Fogal

(Arbitration Clauses and Defective Housing)

We have spoken before the Subcommittee on Commercial and Administrative Law on June 12, 2007. We have been in Washington Monthly, Mother Jones, and People Magazine. Those who are supposed to be consumer protection agencies that turn a blind eye are as guilty as the crooks hiding behind arbitration clauses. My house is on the market again, waiting for it's next victim. How can this continue to go unchecked? We need a congressional hearing to stop the war on consumers. There has bee a 90% increase in foreclosures (this May compared to last May). Hello... Is there anybody out there who knows this, except those who are losing their homes before YOU? If you have an arbitration clause, please do not deceive yourself. YOU CAN BE NEXT. At least read this. That is all we ask; get prepared, get you family ready for this national disaster. This catastrophe has already begun.

If arbitration is just so wonderful, then why is it forced on us?

The first night in our new home, my husband decided to try out his new Jacuzzi tub on the third floor. When he pulled the plug, one hundred gallons of water crashed through our dining room ceiling. This was not one overlooked plumbing connection, as my husband so desperately wanted to believe. It was a preview of coming attractions.

Our builder would seal up the windows on the inside so the water wouldn't come in, and then they would seal up the cracks in the outside stucco so the water wouldn't run out. The walls just filled up with water and mold.

We had the mold tested by an accredited laboratory, and they said they had never seen toxic readings that high in an inhabited dwelling. Prior to this, we had not mentioned the nosebleeds, headaches, the swollen eyes, and the sinus infections because we had seen how people were treated. Their defects were dismissed because the homebuyers were crazy hypochondriacs.

Our builder, Tremont Homes / Stature Construction Company knew how defective our house was, so they took out some insurance. They added a Binding Arbitration Clause to our earnest money contract.

According to arbitration clauses, any dispute past, present, or future puts the builder in a fail-safe position ... and the homeowner forever in jeopardy. We have lost our right to a trial by jury, our seventh amendment rights that we thought were guaranteed under the constitution; and now many of us are being frightened into giving up our first (freedom of speech).

The builders can force us into arbitration by simply calling us disputes, which we most certainly all are. We are supposed to buy and shut up; or after we have signed this consumer-cursed clause, we are in impending danger. Many of us now understand arbitration, and would advise any homeowner to avoid it like the plague. Foreclosure is not as painful, abhorrent, or as humiliating as binding arbitration.

Arbitration is like a jail sentence: your possessions and money are taken from you; others have complete control over your lives. You are forced in legal handcuffs into a secret kangaroo court held behind closed doors and the rules of law no longer apply. No one will know what happens to you. It will just be your word against the builder.

Arbitration is used to victimize and silence what these builders are doing. If you do not complain... or try to get your house repaired, or just let it go into foreclosure... then you can escape arbitration, and you will avoid being raped again. Raped again ...that was what a woman from Milford Ohio called arbitration last week... she is 82 years old.

You are guilty until you prove your innocence; the entire burden of proof is on you, the homeowner. Everything you have ever known; it is upside down. The perpetrator has been allowed to file on the victim. This is like sending a small child into a room of sexual predators, without supervision.

Why would anyone ever chose to go behind closed doors without a clue as to what was going to happen to them... knowing whatever ridiculous decision was rendered... it would not-only be upheld by the court... but there would be no appeal!

Most victims of arbitration come out in shock; many are under gag orders, referred to as secrecy agreements so they cannot tell what has been done to them.

There are lots and lots of advertisements by the builders in the Houston Chronicle. Strange, how they overlooked the Judiciary Hearing on arbitration clauses - Tuesday, June 12, 2007 ...where a Houstonian received an invitation to testify before a subcommittee of the United States Congress, on the effects of binding arbitration on the consumer. Read that testimony at Written Testimony Submitted by Jordan Fogal (http://judiciary.house.gov/OversightTestimony.aspx?ID=983).

There are two bills that have been introduced in the House relating to Binding Arbitration and the Federal Arbitration Act (FAA): HR 1443 (Consumer Fairness Act of 2007) and HR 1519 (American Homebuyers Protection Act).

The hearing, at which I testified, was a preliminary, informative hearing on how Binding Arbitration affects consumers. It may have been a prerequisite to pass these bills. If the sub-committee endorses these bills, they will then go to the House floor for passage, then on to the Senate.

We are asking that people, who have had adverse experiences with Binding Arbitration to, please submit your complaints via GiveMeBackMyRights - Tell Us Your BMA Horror Stories (http://www.givemebackmyrights.com/bma-tellus.php).

Jordan Fogal

Houston TX

713-802-9727


Cindy

I am the Nat'l Secretary for Homeowners Against Deficient Dwellings. We have been following and supporting this federal legislation to ban binding mandatory arbitration clauses in consumer contracts. Some of the testimony to ban it has been outstanding and we wish to thank everyone who has worked to abolish this miscarriage of justice that has allowed corporations, etc, to put consumers on such an obviously un-level playing field for nearly every purchase we make anymore.

The reason HADD is interested in this issue is that we've seen homebuyers financially destroyed by seriously defective new housing and the often biased arbitration process that follows. Consumers trying to research builders often can't find out much because of the sheer number of complaints arbitration hides by keeping it out of public record.

A private and biased system to "resolve" conflicts has NO place in business-to-consumer contracts.

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