Mortgage Servicing Fraud
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The condo association consists of 8 units (3 board members) is going after me for assessments for one year when I have been unable to live in my condo for 3 years due to mold, my sickness from the mold and their failure to remedy and/or to maintain the common area. (The walls). They refused to remedy the mold because I demanded an audit and accounting when we first were handed over the condo conversion from the developer. The 2 other board members who handled the money have stolen it and I cannot afford to fix my mold. Please help. I got so sick I lost my job and ended up on bankruptcy over this. Now they want my place? Bank wants me to take back my property with a principal reduction after my surrender of same and wont come after the property in foreclosure. They want to simply get it back from condo association after foreclosure. Do you think my condo association should be able to get my property by not maintaining it and then running me off the premises with deathly mold illness? Only to fix it and rent to someone else who wont question the fiances
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Theresa Schleter wrote:
The condo association consists of 8 units (3 board members) is going after me for assessments for one year when I have been unable to live in my condo for 3 years due to mold, my sickness from the mold and their failure to remedy and/or to maintain the common area. (The walls). They refused to remedy the mold because I demanded an audit and accounting when we first were handed over the condo conversion from the developer. The 2 other board members who handled the money have stolen it and I cannot afford to fix my mold. Please help. I got so sick I lost my job and ended up on bankruptcy over this. Now they want my place? Bank wants me to take back my property with a principal reduction after my surrender of same and wont come after the property in foreclosure. They want to simply get it back from condo association after foreclosure. Do you think my condo association should be able to get my property by not maintaining it and then running me off the premises with deathly mold illness? Only to fix it and rent to someone else who wont question the fiances


Theresa,

I'm so sorry for what you are going through. I have a friend that was poisoned by mold. She worked for the CDC. She now lives in a condo and battles with them to clean up mold whenever she spots it or gets sick from it. She is hypersensitive now to mold and it makes her very sick.

Is it worth it to move back for your health? You can report them. Have you been to the http://www.moldwarriors.com website or Richie Shoemaker's website? http://www.biotoxin.info?

I too have been poisoned and thought it was mold but it was not. GE and Bayer poisoned me and it is a product that is still being injected into people. Let me think about this for bit and I'll get back to you about some places you can go to get some help.
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Floyd
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Theresa,

I'm so sorry for what you are going through. I have a friend that was poisoned by mold. She worked for the CDC. She now lives in a condo and battles with them to clean up mold whenever she spots it or gets sick from it. She is hypersensitive now to mold and it makes her very sick.

Is it worth it to move back for your health? You can report them. Have you been to the http://www.moldwarriors.com website or Richie Shoemaker's website? http://www.biotoxin.info?

I too have been poisoned and thought it was mold but it was not. GE and Bayer poisoned me and it is a product that is still being injected into people. Let me think about this for bit and I'll get back to you about some places you can go to get some help.


Theresa:

Be very wary about anything this woman Sharon tells you. She only very recently appeared at the Forum and has been posting a variety of patently false and misleading information.

While I have no information or knowledge of mold issues to share, I would think that you probably need to find a really capable tort attorney experienced in litigation. Separately, consulting an attorney specializing in real estate with extensive knowledge of condominium law would be appropriate.

The former might take a case on contingency. The latter is probably going to want an up front retainer which might very well exceed the amounts in dispute with the association.

While you may have linked the harm done to your health by the mold with condo fees payment issues, the law is more likely to view these as independent issues. Non-payment of amounts due may entitle the association to enforce its lien and to foreclose. The contracts probably also entitle them to attorneys' fees. They might be able to achieve this remedy even if you proved your counterclaims related to the mold issue, so I would be very, very wary about litigating over unpaid fees hoping that this mold issue will emerge as a viable defense.

While I do not know the amounts at stake or whether there is valuable equity in your property or whether you are also upside down on your mortgage, these are all factors that need to be carefully weighed in choosing your defensive avenue and strategy. Be very, very careful and be especially careful about following any suggestions made by this horrible woman Sharon.
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Theresa,

Here's a mold support group. There are doctors and mold experts as well as many victims. You need permission to join but you should get a lot of support from the members. There are close to 2500 members. Take care.

http://health.groups.yahoo.com/group/sickbuildings/
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Sharon wrote:
Theresa,

Here's a mold support group. There are doctors and mold experts as well as many victims. You need permission to join but you should get a lot of support from the members. There are close to 2500 members. Take care.

http://health.groups.yahoo.com/group/sickbuildings/


Thank you so much Sharon. God Bless you!
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Floyd:

I do not agree with you as to the courts not thinking that my not being able to live there entitles them to condo fees for their BLATANT failure to maintain common elements and subsequent fraud to cover it up. Tort attorney wont take case as all these fraudulent criminal losers at my condo have nothing to sue for but their crappy homestead units. There is no tort feasor with any assets at this 8 unit condo. No property management company either. Only fraudulent liars and thieves who would rather see me die than fix my mold.

Just looking for an attorney to assist me who is a condo law person who does not represent associations and in Florida they are scarce.

Or seeking a Motion to Dismiss which would address this and many other matters of fraud and improper assessments, attempting to collect fees discharged in bankruptcy and a FRAUDULENT roof repair assessment to boot!
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Floyd
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Tort attorney wont take case as all these fraudulent criminal losers at my condo have nothing to sue for but their crappy homestead units. There is no tort feasor with any assets at this 8 unit condo. No property management company either. Only fraudulent liars and thieves who would rather see me die than fix my mold.


I am very glad to hear that you have at least explored this with an attorney specializing in tort law. What you explain about the attorney's reluctance to pursue the matter given the lack of deep pockets makes sense and reflects the way a tort lawyer would think about such things if suing on contingency.

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I do not agree with you as to the courts not thinking that my not being able to live there entitles them to condo fees for their BLATANT failure to maintain common elements and subsequent fraud to cover it up.


Usually, personal occupancy of a unit is not a precondition to the imposition of liability for condo associational fees. For this reason, I have grave misgivings about the possibility of using this as a valid affirmative defense to non-payment of the fees. Even as a counterclaim, I am very doubtful about your prospects. You are going to have the burden of proof as to the counterclaims.

It is one thing if the costs of remediation were minimal, the board knew of the danger and had the resources to accomplish the remediation and then failed to act. But even if this was a dangerous condition, if the association lacked the resources to accomplish the remediation absent some additional assessments on all unit owners, it is less clear whether the board had a duty to impose possibly uneconomic assessments to finance the remediation. And if the board can produce any expert that indicates that your own assessment of the danger is misplaced, creating a fact issue, I would think that a court is going to be somewhat reluctant to second guess the decision making of the associational board.

The idea that your payment of fees is contingent upon the board taking those actions you insist upon seems to me to be a fairly shaky argument legally. I suspect that a court will find that your duties under the contractual provisions of the trust indenture are clear, but that the board's duties in respect of the mold are less clear. So I think you have a very tough case.

Best of luck and success, though. Let us know how you make out!
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