This poem was written by a homeowner after he had been subjected to an abusive and obnoxious deposition by 3 CHUBB - CAI -Marquis Management lawyers, Neil Gunny, Julius Dix and TIm Miller.
His association (Palacio del Mar Homeowners Assoociation - San Clemente) board, Malcolm Gillies, John Meyers and Bart Mathieson, had attempted to foreclose on his home for a false $5 late charge - even though the homeowner had painstakingly documented each payment of his assessment dues.
The board was able to carry through its criminal act because it had hired the most criminal - and largest - management company in the country - Marquis Management.
With approximately 450 associations, $6,000,000 in annual cash flow it had developed a sophisticated scam through its in-house collection and foreclosure company of posting false late charges to homeowners' accounts - and then demanding the payment of thousands from these homeowners under the threat of foreclosure. A review of court records in Orange County alone showed 68 cases pending against it , several were for fraudulent foreclosures.
Dean O'Hare the President of CHUBB Insurance Company was personally contacted by homeowner victims of this scam. This homeowner sent him three years of monthy checks cashed by Marquis.
He chose to let his lawyers play hardball with the homeowner victims until the eve of trial when he offered minor settlements to drop the cases. The homeowners paid CHUBB for these Directors & Officers policies and CHUBB used it to pay lawyers to fight them from getting wrongful acts like fraudulent foreclures by boards and managers stopped.
It took this homeowner 2 years and thousands of dollars to fight this fraudulent action before he eventually prevailed - but it was still 2 years out of his life.
His association, however, has not given up persecuting him. It collected over $350,000 in reserves - in effect, triple reserving itself - along with millions in CHUBB Insurance Direcotors & Officers Liability insurance police so that it could go after him again.
This board and it's lawyers Jeffrey Pratt, David Peters and Laurie Poole of Peters & Freeman have spent $500,000 on discrimminatory lawsuits against this homeowner.
To keep control of the board, lawyer David Peters misrepresented to homowners and then changed their CCRs taking away their culmulative voting rights.
In addition, it refused to stop watering outside his home even though the homeowner's house was lying on a fault plane, and had moved 12 inches down a slope, and had tilted by 12 inches to one side.
For more information on this and other homeowner association stories happening across the nation , please contact American Homeowners Resource Center.
When the Last Bird Sings