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Photo Comments (4)
"This red sofa is mine! All mine!"
Photo Comments (6)
"Katrina's kittens check out the new cat tree."
Photo Comments (1)
"Sit for a picture? Nah! We're too busy playing!"
Photo Comments (4)
"I did it again! I had 7 kittens on January 14th."
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"The 'editors' scrutinize everything on the monitor. (Zeus, Eloise and Hattie)"
"Zeus, 'I want Eloise's toy!'"
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"All comfy cozy at 6 weeks old"
Photo Comments
"The glaring light from the flash didn't move the inmates away from the bars."
"Our ears, noses and tails are just about the only thing that keeps us from blending in with the carpet. We are 5 weeks old here."
"We are 4 weeks old and overflowing our Morgan bed!"
Oh my, oh my! It's my 5th birthday! And I have such good friends who remembered me today!
Thanks to Jezebel and Travis and to Newman for the warm birthday wishes via the hot mugs of chocolate.
A special thank you to the Penny, Minnie & Bliss for the lovely red heart rosette. You guys are always there passing out your sweet wishes to my family and me whenever you can. Those are greatly appreciated ... always.
Oh and I got a star! A DIAMOND!!!! From my very good friends Beepers and Ashlynne. A DIAMOND for my birthday! Thank you so much. For those who don't know, I knew Beepers and Ashlynne when they still lived in Ohio so we are very close friends.
Another star! This one came in the form of a pulsing gold heart from my very good friends Webster, Ringo, Dusty, Iris and their newest family member Buddy. Thank you, thank you, thank you.
PJ and myself made mom promise to keep our pages more up to date this year. Looks like we are off to a bad start with our bio fields out of commission. Really sad to see since PJ was one of the original instigators on decorating our pages and shared the stuff he figured out with everyone. We hope this isn't the end of Pawsome Pages. Just never know what the future will bring. Hoping for good things here.
Finally, one last thank you to Catster for providing the hot chocolate for free this past weekend. I know a lot of us needed it.
Purrs from a Wichenmaat ~ Katrina
I had my babies very early today, July 11th, between the hours of 2:00am and 3:30am. I had a lot of babies! I think mom is in shock. Me, I'm just tired, but being a good mother.
Mom had thought I had all my kittens and had gone to send out notices to a few of her friends. When she got back, she was like "What the heck?", but she jumped into action. I was too exhausted to do a good job of cleaning the last two, so mom cut the cords and removed the afterbirth for me. She then pulled the first bunch to be born about a foot away and kept them warm to give the last 2 a chance to eat their first meal. After about 15 to 20 minutes I had all my babies with me and it's been a feeding frenzy ever since. So far, so good.
So how many kittens did I have? Well, take a look at my main photo and count them! The first 5 with the correct answer will get 10 zealies each. Please only one answer per family. Thanks!
Here's a little bigger picture for you to look at. Count the tails but not mine!
A lot has happened in the recent months. My 2 handsome blue point boys found wonderful new homes. Ike left May 1st for his new home in southwest Ohio. Mom saw him at a cat show 2 weeks ago. She said he was looking very good and very happy.
Andrew took a trip with me to see his dad, Sorn, in early May. I stayed with Sorn and Andrew went home with mom. He then took a plane trip from Cleveland to Atlanta on May 13th. He is now living the high life in Alabama at a horse farm. He rides around the farm on a golf cart and gets to take a few road trips too. His new mom is also showing him so maybe our paths will cross again someday.
As for me, Sorn and I are expecting again any day now. This time I'm having more than 2 kittens as I am much bigger than what I was with Andrew and Ike. I'm taking life easy now, but mom is turning into a nervous wreck! I did get her to relax the other evening. She was sitting on the sofa with her feet up. I came and stretched out on her lap. Mom could feel my kittens moving on her legs. Made her smile then giggle and I got a good ear and chin rub from mom.
I'll let you know about my new babies when they arrive! Later!
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In nearly every case where a first mortgage of record exists on a property, the association's lien is subordinate or inferior to that mortgage. This means if an association elects to foreclose its lien and takes title to the property, it will take title subject to the right of the first mortgagee to foreclose its mortgage. Associations in the past were reluctant to foreclose when the mortgagee already commenced its own foreclosure action or when the value of the property did not exceed the amount of debt secured by the first mortgage. That's changing now. Associations are now making the decision to foreclose more often under these circumstances. The primary reason for this is serious delay in the prosecution of the mortgagee's foreclosure case. These delays are brought on by a variety of factors including the sheer volume of cases handled by the mortgagee's law firm, protracted efforts to work with the borrower either to short sale the property or modify the loan, problems associated with serving necessary parties with the foreclosure complaint or locating original documents that are to be filed with the court, back log in the courts and even strategic decisions by mortgagees to slow down the process. In some cases, associations can obtain favorable results when foreclosing, even against properties that have fair market values below their mortgaged amount. Sometimes the homeowner has the means to pay the association but has elected to spend money on other concerns. Because foreclosure results in the owner losing title to the property, if the owner has the means to pay and does not desire to walk away, they pay rather than lose title. Foreclsoure can be a powerful deterrent for owners who have the means to pay but elect not to or to pay late because they hear others doing the same. Another option is the association's right to rent the property once it takes title, if permitted by the association's governing documents. For some associations, the rental market is favorable and significant income can be recovered before the mortgagee forecloses and takes title. Many times the owner cannot or will not pay and rental is not a viable option. However, associations still make the decision to foreclose for any number of reasons. Because so many mortgage foreclosures are being contested by owners raising defenses unique to the mortgage foreclosure action, and thus stalling the mortgage foreclosure case for months or even years, the association can effectively render those defenses moot as they relate to the mortgagee's foreclosure by foreclosing the association's lien. When the owner is divested of title by the association, the owner will drop or lose the fight against the lender in the mortgage foreclosure action, thus paving the way for the lender to take title and begin paying assessments. Another option for associations taking title is negotiating a short sale with the lender or tendering a deed in lieu of foreclosure to the lender. I have also filed motions in mortgage foreclosure actions notifying the court that the association has taken title and does not contest the mortgagee's foreclosure, therefore, speeding up the lender's acquisition of title. These associations understand the key is getting a paying owner into the property sooner rather than later. That way, more in terms of future assessments are recovered rather than lost while a mortgage foreclosure lingers on for years and no one pays the assessments. What every association should consider is each case is different and the association is well served if it carefully considers all of its options and selects a strategy that works best in any given case. In this ever changing environment, there is no one size fits all approach.
Home > Assessment Collection > The Association's Decision to Foreclose
Earl Wilson
It would seem to me that if the Association forecloses on its lien, subject to the first mortgage, the Association becomes the new target for the mortgage company, with assets to go after. Why would the mortgage company pursue foreclosure with deeper pockets on the hook than an unemployed homeowner who only has his house to lose.
RESPONSE: Simple – the association DOES NOT become liable for the mortgage when it obtains title. The association does not have to pay the mortgage and the lender cannot require the association to pay the mortgage.
What about the problem of the Association being accused by the banks and the owners of rent skimming on property that they do not own? I wouldn't think taking title through a association lien, does not give the Association a clear title if there is a mortgage on it.
RESPONSE: Once the association takes title it is recognized as the owner. There are some communities (and law firms advising them) that rent abandoned properties they do not own. There are many problems and exposure to risk by doing so – each community needs to carefully evaluate that risk.
This is a great idea and will actually help when it comes time to do a short sale because the borrower will be out of the picture. This HOA should immediately list the property for sale and try to get an investor (who is willing to keep the tenant) to put in a short sale offer. The main issue is that the bank has the right to evict the tenant (cash for keys) when they foreclose and the HOA will have a difficult time finding a tenant knowing they could get thrown out at any time. If the unit is at least under contract to a buyer willing to keep the tenant, the probabality of finding a willing tenant is much higher. HOA's need to carefully consider the legal fees to foreclose vs. rental income. If I were the bank and saw that the borrower was out of the picture and the HOA was in control, I would foreclose as soon as possible because now it's an easy case.
Rose Brill
Re: In nearly every case where a first mortgage of record exists on a property, the association's lien is subordinate or inferior to that mortgage.
Correct me if I am wrong, but Florida is a super lien state, so some portion of an association lien is superior to the lien of a first mortgagee. (i.e. the lesser of 1% or 12 months back assessments).
Also, how does it work when an association takes title after foreclosing on their lien but takes "subject to" the claims of other like the first mortgagee. I thought that upon change in title, a mortgage is typically accelerated and due. Thanks for your response! [I'm very interested in this topic].
RESPONSE: The association's "super lien" status applies when the mortgagee acquires title from the homeowner/borrower and there are amounts outstanding. If the association obtains title, the mortgage is still entitled to foreclose, but in Florida must do so through the Courts or by settlement.
Ed Lopez
Good stuff!!!!
If the association obtains the title through foreclosure of the lien and sells the property, is the new homeowner responsible for paying the old-homeowner's debt to the bank??? or is the bank foreclosed of any right to the property since it was the association that took the title and sold the property????
When a Condominium Association forecloses, receives title, then rents the unit can the first mortgage company ask for the court to appoint a receiver?
RESPONSE: The mortgagee has certain rights. The mortgage usually has a clause contemplating a receiver or the recovery of rents/profits. Here is an excerpt of a 1997 Florida case:
Appointment of receiver is not matter of right even if mortgage so provides and contains an assignment of rents clause — Alternative methods existed to protect mortgagee's security interest without depriving mortgagor of its right of possession, including enforcing assignment of rents clause and requiring mortgagor to deposit rents into registry of court
Since the Condo Association foreclosed and the title is no longer in the mortgagors name, does this mean the first mortgage can require the Condo Association who now holds title by way of its foreclosure on its lien to pay the rents it is collecting into the registry of the court?
RESPONSE: It depends – many residential mortgages do not contain an "assignment of rents" clause. The mortgagee can foreclose its interest and ask the court to enforce other rights afforded by the mortgage itself, but associations are fighting back against assigning rents to a mortgagee when there is a significant balance on the account.
I noticed there is no response to Diana's question of October 25th. I have the same question.
Can you please respond?
Hi Again,
Actually my question is a little bit different than Diana's. If the condo association forecloses and a new owner buys the property at auction, is the new owner responsible for the mortgage/(s) on the property or does he/ she now own it free and clear?
RESPONSE: The first mortgage doesn't vanish into thin air. The mortgage can still foreclose against this new owner. Usually the buyer makes arrangements to refinance the property when this happens. Second mortgages and credit lines are 'wiped-out' by the association's foreclosure case though.
if you are in the arrears on assesments and the Association is trying to foreclose while you have arranged re-financing to pay the arrearage can the Association withhold the standard documentation needed by the lender to re-fi. It would seem to be in direct conflict of the Association's best interest to do so and to get their money.
RESPONSE: The association must respond to a request for estoppel information. It is not required to fill out other forms mortgagees use to determine whether to fund the loan.
In the state of FL, am I understanding correctly that the second mortgage even if filed years before is inferior to the HOA lien? What if the HOA covenants specify that the association's lien shall be subordinate and inferior to the lien of any mortgage in favor of an institutional lender recorded prior to the recording of a Claim of Lien by the association?
RESPONSE: The HOA statute contains a 'super-lien' provision. However, recent case law (described in some previous posts on this site) shows that the Court may find the governing documents/covenants control over the statute. The lender can make that argument in the lawsuit filed by the association to foreclose its lien.
Bill Lorance
Great forum. My FL neighbor has defaulted on 5 months HOA, since vacated, and now has an HOA superlien. Can I ask the HOA to sell the superlien to me so I can be first bid on the condo w/the bank an then restore the owner to his unit?-Thnx, Bill
RESPONSE: Sure, the association can assign its lien. You can likewise buy the home in connection with a short sale and/or bid on the property at the foreclosure sale held after the association obtains its final judgment. Both options would require you to pay the outstanding assessments on the account.
If the condo association forecloses and took title , then bank foreclosed and a 3rd party bidder buys the property at auction, the association is joint liable together with the new owner ,That means you owne i owe you the same amount , ends in zero and the association has lose the right to foreclose again on the same debt.Association are being sued beacuse they try to collect full amount . an association need to see on an each case scenario if the property has equity before foreclosing before the bank .
Rancy Snyder
I understand that when a bank forcloses on a condo unit and takes title and pays the 1% owed that all other past due assessments are "wiped out." However, I cannot find where this is in writing so one can show the board about this. Could you please help with this. Thank you.
RESPONSE: Liability for delinquent assessments after foreclosure is determined by both the statute and the governing documents. Condo = §718.116, F.S. & HOA = §720.3085, F.S.
In the state of Florida if a condo association forclosue and include the owner and the mortgage bank in the forclosure. The property is then sold at auction. My question is can the bank still forclose on the property even though the condo association was granted judgemnt against them in there forcloser?
RESPONSE: Yes. The first lender can foreclose against the association. Secondary lenders (credit lines, etc.) will not have the ability to foreclose if the association obtained a judgment of foreclosure against them.
If the HOA takes title to a single family home. Who is insuring the property, homeowner's insurance. What if a renter or anyone for that matter gets hurt or killed on the property, who is liable?
RESPONSE: Once the HOA acquires title, it bears responsibility for the maintenance and care of the property. Please discuss the best way to insure the property with the association's insurance agent.
A friend of ours was the successful third party bidder at a HOA foreclosure sale. The bank was not present at the sale. The bid survived the redemption period and the clerk issued him title. It is now known that the property has another HOA lien (the smaller neighborhood ASSO), that is in process of foreclosure. My first question is can the smaller neighborhood Asso foreclose now after the development HOA has already foreclosed? My friend would like to work something out but just learned of the case. Also, the home has a federal tax lien. My second question is what position is the federal tax lien? The house has a 1st mortgage that is much more than the value of the house. My third question is can the bank foreclose on a house with a federal tax lien? Does the lien stay with the house or does it go with the pervious homeowner? My friend would like to work with the bank perhaps make an offer for their interest in the property. Have you heard of anyone doing this?
RESPONSE: Your friend should sort out all of these issues with the assistance of counsel.
For the benefit of our other readers – generally you must be aware:
1. That a bank can foreclose, a master association can foreclose and a sub-association can foreclose. All of them can be in process at the same time.
2. That if you buy at a foreclosure sale, its more than likely you'll bear responsibility for payment of outstanding debt.
Very interesting thread. We recently had an owner pass away and his heirs made the strategic decision not to execute the estate. This left them in arrears for 2 quarterly assessments and left the ownership of the unit in doubt (the bank has not yet foreclosed). There is a renter in the unit who is paying enough to cover the assessments going forward yet we are still owed for past assessments not paid. Two questions: 1) can we raise the rent on the current occupant until the past due obligations are satisfied, and 2) when the bank (1st lien holder) takes possession of the property, are they responsible for the delinquent assessments owed the HOA? If so, are there advantages to us encouraging the bank to take possession by filing a lien on behalf of the HOA? Are there other avenues of restitution?
RESPONSE: The association can certainly begin its own collection actions. The association is not the landlord and cannot change the terms or conditions of the rental. If the foreclosure is dormant, the association can take action to move it along if it filed an answer in the case. There are several other posts addressing this issue – please read:
association after 3rd party bidder is joint liable as i stated in my post .
find below the FS
This means after an association has foreclosed and obtain title cannot collect becasue is joint liable with new owner
718.116 Assessments; liability; lien and priority; interest; collection.–
(1)(a) A unit owner, regardless of how his or her title has been acquired, including by purchase at a foreclosure sale or by deed in lieu of foreclosure, is liable for all assessments which come due while he or she is the unit owner. Additionally, a unit owner is jointly and severally liable with the previous owner for all unpaid assessments that came due up to the time of transfer of title. This liability is without prejudice to any right the owner may have to recover from the previous owner the amounts paid by the owner.
I have posted previously ,regading>>>>>>>>>> the a unit owner is jointly and severally liable with the previous owner for all unpaid assessments>>>>>>>>>>>
I am a CAM manager and the FS are my favorite book and to understand the wording of it sounds a chalenge to me . The statutes speaks by itself . so when I purchased in an auction a CONDO owned apartment I , reading the FS understood that we ( both owners CONDO and ME )are both jointly severally liable. Lets say if I sue condo for 10 dollars and condo have the right to sue me for 10 dollars the maths tells me the debt is zero.If I start the law suit tis can go for ever or a judge can determine something different of what the FS reads . Please advise if this does not bring a conflict with your own bussines, since may be atty should think twice before foreclosing a condo if is almost ready to be foreclosed by the bank.Becasue in two or 3 month the rent collected will be very little .I will glandly wait for your comments
RESPONSE: Each matter requires its own analysis – both of the legal issues and the business-sense of any action.
Marc Prado
Can a HOA starts a new foreclosure case after a foreclosure action has already being filed by the lender and is a pending case?
Or the HOA has to join the lender in the same pending foreclosure case filed by the lender.
RESPONSE:Yes – the association can start an independent foreclosure action. A first mortgagee will name the association as a defendant in its foreclosure case since the association is a junior lien holder.
From what I understand, if I'm the winning bidder on an HOA auction on a property that has a mortgage, the mortgage holder (bank) can still foreclose on the property. Right? So, my question is, what is the purpose of the 10 day waiting period before the court grants certificate of title? I thought that if the bank didn't claim anything in those 10 days, I got clear title. Also, how can the bank force me to pay the mortgage if I'm not the one who signed it? Can I try to quiet title to fix this?
RESPONSE: The first mortgage has priority over the association's lien for assessments. The bank cannot force you to pay the mortgage, but can certainly foreclose and acquire title to the property.
Once the association forecloses on the lien and takes title does the original owner need to continue to pay insurance on the unit? Is there any liability on the original owner or is that the HOA's responsibility now?
RESPONSE: Generally the responsibility for the ongoing maintenance and care of the property belongs to the owner of the property.
M Miller
I have a mortgage on a condo in FL. The original amount was 187,500. Paid 208,900. I paid the mortgage on time for 4 years. However after a several car accidents (one in which the other driver was not insured, leaving all medical bills to be paid out of pocket by me) I was not able to keep up with the mortgage and the HOA dues. Currently, the HOA dues are in the rears approximately 11K. After a significant drop in income, I was not able to pay mortgage either. I tried loan modification, re-fi etc. but property value according to tax appraiser is 46K. I have been in the process of short sale for one year. Have negotiated with lender and HOA and settled on an agreement. The day before approval went through the cash buyer grew tired of waiting and canceled the offer. There is an HOA Foreclosure claim of lien against the property/owner. If the HOA intent to foreclose is processed by the court before a short sale takes place and I am forced out of my home will the lien follow me or stay with the property? What is the worst thing that can happen?
RESPONSE: The answer depends primarily on the mortgage documents. Most Florida mortgages are "recourse" loans, which means the lender can sue you for the balance of the mortgage after it forecloses and sells the collateral. The association has the option of pursuing either a foreclosure or a money judgment. I suggest you obtain legal advice as this problem may impact you for years in the future.
how long does a tenant is given by the association to move out after the HOA forecloses on the condo, is it 90 days as by the obama law signed in 2009.
RESPONSE: The Protecting Tenants at Foreclosure Act has recently been extended. An association acquiring a property as a result of foreclosure (or deed in lieu of foreclosure) must comply with this law. There is an article about this law in one of the Firm's recent Community Update publications.
Great post Kevin Miller. Thanks for the detailed info and responses.
My condo association filed a foreclosrue judgement against me. The condo was scheduled for sale if the judgement amount was not paid. After asking for a settlement agreement, the association's attorneys responded to me stating the foreclosure sale would be cancelled and the settlement agreement would be sent to me. The cancellation did not occur. The condo has been sold. It was sold to the condo association. How can the association purchase the condo in this situation? Do I have any recourse since the sale was not cancelled as told to me by the attorneys? What happens to the mortgage? Is there a requirement to notify a lender before a foreclosure by an association? Lastly, what are the next steps, how long do I have to find other living arrangements.
C Morris
I bought a condo unit in a 55+ community, in a court auction which was foreclosed by the primary bank. I sought legal advice before buying it and the attorney said: as long as the associations were listed in the final judgment of foreclosure, I was not going to be responsible for the previous balance, only for the fees from the moment I bought it. I received already the certificate of title from the court and went to the association and now, they are saying I am responsible for the HOA balance for the 2 associations they have: one for the recreational association and the other one for the Condo association.
Am I really responsible for them? One attorney said that the recreation association might have been wiped in the foreclosure but I am responsible for the condo association which is 5k+. If I had to pay these amount I am already loosing money what can I do?
Thank you so much for your advise.
RESPONSE: Section 718.116, Florida Statutes contains joint and several liability provisions. Generally any third party purchaser at a foreclosure sale becomes liable for the entire outstanding balance on the account. The "safe harbor" provision only applies when the foreclosing lender acquires title.
C Morris
I bought a condo unit in a 55+ community in Palm Beach Florida, in a court auction which was foreclosed by the primary bank. I sought legal advice before buying it and the attorney said: as long as the associations were listed in the final judgment of foreclosure, I was not going to be responsible for the previous balance, only for the fees from the moment I bought it. I received already the certificate of title from the court and went to the association and now, they are saying I am responsible for the HOA balance for the 2 associations they have: one for the recreational association and the other one for the Condo association.
Am I really responsible for them? One attorney said that the recreation association might have been wiped in the foreclosure but I am responsible for the condo association which is 5k+. If I had to pay these amount I am already loosing money what can I do?
Thank you so much for your advise.
B Dale
If an individual outbids the lender at the foreclosure sale, and owns the condo. Is he liable for the entire outstanding dues and assessments, or is he considered the lender's "successor or assigns", and is only responsible for the lessor of 1% of the mortgage foreclosed on, or 6 months dues? If there is a different rule for the auction bidder versus the lender, then the playing field is not level. It is unfair for the lender who must now own the property that he would otherwise have sold at foreclosure auction, and it is unfair for the purchaser who must pay more than the lender must pay. The statute 718.116 is confusing and somewhat contradicting:
718.116 Assessments; liability; lien and priority; interest; collection.–
(1)(a) A unit owner, regardless of how his or her title has been acquired, including by purchase at a foreclosure sale or by deed in lieu of foreclosure, is liable for all assessments which come due while he or she is the unit owner. Additionally, a unit owner is jointly and severally liable with the previous owner for all unpaid assessments that came due up to the time of transfer of title. This liability is without prejudice to any right the owner may have to recover from the previous owner the amounts paid by the owner.
(b) The liability of a first mortgagee or its successor or assignees who acquire title to a unit by foreclosure or by deed in lieu of foreclosure for the unpaid assessments that became due prior to the mortgagee's acquisition of title is limited to the lesser of:
1. The unit's unpaid common expenses and regular periodic assessments which accrued or came due during the 6 months immediately preceding the acquisition of title and for which payment in full has not been received by the association; or
2. One percent of the original mortgage debt.
RESPONSE: The "safe harbor" provision is only applicable to lenders that acquire title via foreclosure or deed in lieu thereof. Third party purchasers are jointly and severally liable for outstanding debt owed to the association.
Silvia Armas
If a condominium in Florida is being foreclosed by the HOA, did the lender Mortgage bank have to be served ?
Can this be a valid case brought about to the judge at time of hearing if the HOA's attorney has been extremely overbearing?
RESPONSE: The association names subordinate lienholders in its foreclosure case, not the first mortgagee.
Andres Jara
Great block.
Therefore, am I right when I say that I can basically buy as many associations foreclosures though the auction, and collect rents on them until the first lender seeks foreclosures, and obtains final judgment to auction off the properties, if I do not intend to keep them or negotiate a short sale with the bank?
Thank you
RESPONSE: Every association has its own rental restrictions. Rental or lease of the unit may not be permitted at all or until after a waiting period. Usually tenants need to be screened and approved and if there is a delinquency associated with the unit the association is entitled to demand rent.
Carlos Castillo
I came across a nice pool home where the HOA had gained title. I found that last year the lender had received a final summary mortgage foreclosure judgment against the owners, and the house went to auction with no bidders. Then a month later the HOA received a default final foreclosure judgment against the previous owners, and also had no bidders. I don't understand how the HOA could gain title and I'm assuming the lender can regain title through another foreclosure by naming the HOA?
RESPONSE: The statutes govern these questions. First lenders have options, such as to "re-forclose" to clear the title. Mistakes are made from time to time and there are usually opportunities to correct those mistakes.
if a master association forecloses its lien and subsequently becomes a "unit owner" is the master association then liable for all assessments which came due prior to acquiring title pursuant to 718.116?
RESPONSE: The statute sets forth limitations on first mortgagee liability for delinquent assessments. The statute says unit owners (depending upon the circumstances of the transfer & the governing documents) are jointly and severally liable with the previous owner for delinquent assessments.
If I buy a home at the county's court foreclosure auction by the HOA and I receive the title, am I responsible for the previous owner's mortgage?
RESPONSE: You bear responsibility for any obligations that were not foreclosed by the association. A first mortgage has priority over the association's lien and therefore is not extinguished in connection with the association's foreclosure case. There may be other liens on the property that were not released as well.
Randy Snyder
Does a first mortgage have priority over an association's lien in this scenario? John Doe buys a condo for cash. Six months later he takes out a home equity loan which is the only mortgage recorded on the condo.
RESPONSE: The statutes do not require the first lender to be a purchase-money lender. Consequently a refinance or later finance can jump in front of the association.
Fantastic site! Really appreciate all the information.
If an Association forecloses on its assessment lien and takes title to a unit owned by an individual with a mortgage, by doing that has the Association given up their right/ability to then pursue the delinquent amount from the unit owner? Basically, does the Association take title to the unit INSTEAD of the amount that was owed? If the primary bank/mortgagee foreclosed after that point would they (the bank) still be liable for the 12mos/1% regardless?
Also, can an Association have an assessment lien against a property and then also go out and get a personal judgment against an owner and bring a judgment lien against other property of theirs for the same amount? Thanks in advance.
RESPONSE: Thanks for the kind comments.
Your first question is a good one – the association 'elects' a remedy in its lawsuit – either foreclosure or a money judgment. However, the association does NOT ever give up its right to pursue a deficiency judgment against an owner when the bank forecloses and only pays 1% or 12 months.
The association can pursue a money judgment against the owner for any amounts due. That judgement operates the same way any other judgment does – certain property is subject to levy, you may have rights to garnish wages, etc.
A follow-up question to my previous… if the Association has obtained a money judgment against a delinquent owner but has been unable to get paid due to them not having assets, can the Association THEN assert an assessmenty lien and go the foreclosure route? Thanks.
RESPONSE: Another good point. If the association obtained a money judgment, that judgment covers the amount due up to a certain date. If the owner still owns the unit, the association can seek to foreclose as a result of any delinquencies that arose after the date of the judgment. You have to pick how to collect what you are seeking to collect.
Ed Rivas
I purchased a condo in palm beach court.This condo has a tenant that the associacion has been collecting for one year rent since they got title an year ago after they foreclose the HOA. they put a claim of lien for past due assesments for the last 4 years . I dont understand why if they have extinguish the lien when they foreclose and took title last year . the Fla sts reads joint and severally liable , what this exactly means?
RESPONSE: Joint and several liability means the new owner (other than 1st mortgagee) is equally responsible with the old owner for delinquencies. If the rent collected from the tenant exceeds the initial delinquency (and funds current assessments) there is no outstanding balance on the account.
if an association forecloses on its lien and becomes the unit holder, and rents the unit out. Then the 1st mortgage bank institutes an action and the unit is sold at auction to a third party, is the third party responsible for the assessemetns owed to the association under the assocations original lien?
RESPONSE: The third party is jointly and severally liable with the former owner (Asn), but that liability is without prejudice – meaning that if the new owner pays he/she/it can seek reimbursement from the old owner (Asn.). Any rent collected should be applied to the balance on the account. In a few months you can eat up a significant amount of the balance.
I am interested to know your opinion on the constitutionality of a statute that treats a purchasor bank (i.e, first mortgagee) different from any other purchasor (i.e, investor) acquiring title at a foreclosure auction.
RESPONSE: There are many, many statutes that treat different "classes" or "entities" differently. I don't see liability for assessments as an equal protection issue.
What is the benefit of buy a home at the county's court foreclosure auction if always the first mortgage lender will be present and can foreclose the property at any time?
RESPONSE: There are some business reasons, but most of the time its a bad deal for the investor if the property is under-water. The seasoned or experienced investors will generally not bid on any property that is over-leveraged.
John Felton
Can a HOA foreclose if there is a previously existing IRS Federal Tax Lein?
RESPONSE: It can and the IRS lien has priority over the association's assessment lien, so the association does not name the IRS in its foreclosure complaint.
If you purchase a property from the county foreclosure auction and you conducted a title search and the mortgage company listed on the title is no longer in business can you assume that the loan has been sold or no mortgage is present? Also if you purchase a property and their is no mortgage listed on the title search can you assume that this was a property that was owned and then sold to an investor. How can there be no mortgage company listed?
RESPONSE: You need to submit these questions to whoever performed the title search.
If there is no mortgage on property and Association files a lis pendens, does that mean it has "elected its remedy"? Is it lawful to also include a remedy of a "money judgment" in the same lawsuit?
RESPONSE: The association can and usually does file a lawsuit with 2 counts – the first for foreclosure and the second for a money judgment. The association can make its election when it seeks summary judgment.
Thank you for answering all of the above questions.
I have a condo in Miami that was my primary residence and then I stopped paying both the mortgage and the HOA after I left the area for another job. The bank initiated foreclosure action against me in Sept 2009 that is still ongoing (almost 2 years now). In the meantime, the HOA has foreclosed and now holds the title to the condo. My question is, is the bank's foreclosure suit against me still valid or does that case get dismissed now? I'm trying to get the bank to go to mediation in court, but is it a moot point if the HOA holds the title? What happens next?
RESPONSE: You need to consult with an attorney with respect to your situation. The lender can still foreclose and/or seek a judgment against you for the balance due.
if the association owes the unit, do HOA fees continue to accrue? meaning, does debt to association keep growing?
RESPONSE: The statutes call for joint and several liability – meaning that a new owner is jointly responsible with the old owner for any delinquency on the account. However, if the new owner pays an old debt, that new owner can seek reimbursement from the old owner – which in this case is the association. There have been several lawsuits filed on this issue recently.
Great info!
If the HOA forecloses on a condo unit after there is both a primary mortgage and equity line of credit recorded, do both survive the foreclosure for a 3rd party bidder? If so, can the equity line foreclose afterwards over the first mortgage?
RESPONSE: The HOA generally has priority over any lienor other than the first mortgagee. The HOA has the ability to forclose against the owner of an equity credit line and most associations do include junior lien holders as defendants in lien foreclosure lawsuits.
My firm has been hired as the CAM Firm for a new condominium. Can I file a Claim of Lien for Assessments on behalf of the association rather that refer the file to an attorney and incur the outrages fees for the preparation of the Claim of Lien?
RESPONSE: There is a UPL (Unlicensed Practice of Law) ruling by the Supreme Court of Florida that says a manager cannot prepare Claims of Lien. You should be able to work out a reasonable payment for preparation of this document and the required statutory notices. Please do not risk your license (and livelihood) for one client – have them discuss this issue with counsel. It is unfair for a board to ask the manager to do work beyond the scope of CAM management.
Two days ago our HOA acquired a home that we forclosed on. The property has a pool, the bank never showed and is owed in excess of $500,000. I want to secure the home and insure it untill we or the bank decideds what to do. I think we are on the hook if anything happends to the property or if anyone is injured on the property. I am being told we can not do anything until the court sends us the title. Are we liable now that we are the owners and can we secure and insure it before we get the title in hand. Thanks for any help.
RESPONSE: Please consult with the association's insurance advisor. The Certificate of Title will reflect the Association's ownership of the property. This is an important issue. I know of associations that have been sued as a result of injuries that took place on unoccupied properties.
if the association foreclosed and incurred attorneys fees, is a 3rd party bidder who bought the first mortgage liable for the attorneys fees the association incurred during their own foreclosure proceeding?
i bought a property at a foreclosure sale. there is an outstanding debt to the association. the association however can not provide me with a ledger that shows how the debt was incurred. i spoke with the former owner who believes he paid nearly all of the fees that the association is now trying to collect against me. must the association provide me with a ledger in this case before they can go ahead with claim of lien?
RESPONSE: As an owner you have access to the financial records and can request to inspect (view and copy) those records. You will need to show proof of ownership obviously.
On july 27,11 you answered my question but I guess I was not very clear. Our HOA was awarded a home in a foreclousre sale that the bank was owed $500,000.plus on. From the date of sale to the date that the title is recieved by us in hand showing ownership who is liable for the property if any onyone is injured or the property is destroyed. Thanks, Pete
RESPONSE: Title to the home changes with the issuance of the certificate of title. A recorded certificate of title issued to the association as owner means that the association is owner and takes on responsibilities as owner. I understand that associations can purchase endorsements covering this newly acquired property, but you have to consult with your agent.
Our condo association foreclosed on 2 units. They both have mortgages against them and thus we can't sell them. Our bylaws do not allow the assocation or unit owners to rent any units. What would be the pluses and minuses to giving a deed in lieu of foreclosure to these mortgage holders?
RESPONSE: Please discuss the impact with counsel. Generally, it is my experience that the lenders are not very willing to accept a deed from the association in lieu of foreclosure for a number of reasons. Cases have been filed in an attempt to force the lender to accept the deed – some successful and others not – therefore you need an association attorney to go through the options with the board.
Thanks for all the info. This is amazing!
If you are the successful third party bidder at a HOA foreclosure sale, the bank was not present at the sale and the bid survived the redemption period (60 days in FL?) and the clerk issues title does that mean that you are free and clear of the first mortgage?
If not, how long does it usually take for the first mortgage holder to be able to foreclose on you? does it take as long as a normal foreclosure these days (1-2+ years)?
RESPONSE: The association's lien is inferior to the first mortgage (with the exception of the safe harbor) so the first mortgage is not wiped clean as a result of the association's lien foreclosure.
My husband purchased 2 condos from the counties online auction prior to doing our homework !!!!!
My question is…. If the properties have mortgages and we don't pay them will the forclosures be on our record or the original homeowners ??? I forgot to mention that they were HOA foreclosures. Also one is fully furnished. Do we own the furniture ?
RESPONSE: A lot of investors have been caught in these types of situations. Obviously you need to do homework before taking the plunge.
ken hook
My assoc has a foreclosure date of 4/12/2012. They are unwilling to work with me. is there any way to delay the sale date and force them to work out a payment plan with me
RESPONSE: You can't force an association to accept a payment plan but can hire counsel to enter an appearance in the case (if permitted) and file motions with the court.
mary margaret
Can you answer the question if the condo is furnished and you purchased the condo in Florida as a 3rd party bidder at a COA foreclosure, the bank has not yet foreclosed,who owns the furniture??
RESPONSE: There are several factors involved with regard to the personal property. This blog is for informational and educational purposes only, not a substitution for legal advice with regard to any particular set of facts and circumstances.
We hold a second mortgage lien on a condo in Broward county that was foreclosed by the condo association and went back to them for $300 at the sale on 06/21/2011.
Is our second lien still valid or has it been wiped out? I know if the first lien forecloses, we would be wiped out, but if the HOA did try to sell on a short sale, would they have to deal with our lien also?
RESPONSE: Please consult with counsel – there are factors here that cannot be evaluated in this forum.
rand alan
Our Condo board has taken title to a unit from the owner due to non payment of maintenance fees. Our Condo has a no rent bylaws for our building of 40 units, now the Board wants to rent only this unit out! Does this violate our condo doucuments for no renting, we have no hardship clause.
We were told at the last meeting that this was a board issue only, not a unit ownerns concern! Please advise.
There is a situation where an Association obtained title to a Unit through its own foreclosure action, subject to the mortgage, and currently rents the Unit out. Recently, the Association learned that the AC wasn't working per the tenants' complaints. An AC company went out and said that the AC Unit needed to be replaced. The Unit is also now in foreclosure. Can the Association recover the money for replacing the AC Unit upon the sale of the Unit, or would this just be considered a normal cost of maintenance the "owner" hqs to bear?
There is a situation where an Association obtained title to a Unit through its own foreclosure action, subject to the mortgage, and currently rents the Unit out. Recently, the Association learned that the AC wasn't working per the tenants' complaints. An AC company went out and said that the AC Unit needed to be replaced. The Unit is also now in foreclosure. Can the Association recover the money for replacing the AC Unit upon the sale of the Unit, or would this just be considered a normal cost of maintenance the "owner" has to bear?
My HOA foreclosed on 6 condos subject to the mortgage. I had one of these condos under short sale contract and the bank recently completed the BPO so we were less than 30 days away from lender approval. I let the HOA and their attorney know we were close on the short sale and they should delay the HOA foreclosure action. The HOA foreclosed anyway. The HOA has been sitting with this condo for 6 months and the bank has not foreclosed yet. The borrower is now considering bankruptcy which will delay the banks foreclosure even longer. The HOA spent upwards of $5000 to foreclose and it's been sitting vacant! If the HOA let my short sale go through, the HOA could collect $33,000 in delinquent HOA dues. When the bank forecloses on the HOA what are they entitled to? From what I've read, it sounds like the statutory limit is the LESSER of 12 months of delinquent HOA dues OR 1% of the mortgage amount which is about $5000 in this case. As a result of misguided board actions, this HOA lost $5000 in legal fees, $28,000 in delinquent HOA fees, real estate taxes for 6+ months and 6+ months of HOA dues (my buyer would have closed 6 months ago). Am I missing something?
heidi eliasov
HOA foreclosed on a property going thru an active Short sale, auction was won by an unrelated third party, where does that leave the seller and the buyer?
I have been renting a condo from a HOA in Ft. Lauderdale. The bank was awarded the property in December 2012 by the courts. I was notified by the HOA manager that the HOA could no longer collect rent because the bank was awarded the property. The bank hired a property management company that I am now dealing with. In February, the HOA manager contacted me stating that I have to pay the HOA rent and back rent because the HOA still holds title to the property. Both parties are stating that I owe them rent. I have asked the HOA to give me some time to address this with the bank and it's representatives so that I can pay who I owe rent to but they are harassing me for the rent. Who is legally entitled to the rent?
After foreclosure of Association judgement . 25,000 in excess funds after payment to Association was
placed in Registry of court …..8,000 is owed to back taxes to Broward county and Tax deed certificate holders can this be paid with the excess funds from registry of court …..Or is the New Certificate title holder responsible with out help from the court ?
Ernie Barker
We bought an HOA foreclosure and subsequently obtained title. The 2nd mtg was joined and foreclosed out and was also inferior to the hoa lien. The property value is substantially more than the 1st mortgage. I am trying to find the district court ruling that allows third party purchasers to obtain basic mortgage information in order to make an offer and payoff the first mortgage.
Terry, I would like to know what happen , ow did this situation ended?
I'm the treasurer of a Florida HOA with the typical problems collecting on overdue accounts, and read your article with great interest. We're a neighborhood of just over 200 houses but we have no community center or pool, so our dues are reletively modest. Even so, we have residents who haven't paid in several years. I thought a good way to know if a delinquent account belonged to a person near foreclosure or not would be to check with a credit reporting agency, but when I called I was informed that our HOA was not eligible to purchase reports. Typically if we file to foreclose on a house that's near foreclosure with the lender, we can collect only a fraction of what we invest, and we don't have the wherewithall to take title and rent a house. In most cases we're better off not trying to foreclose in those cases. But it looks to me that knowing the status of the mortgage is key, but how can we make the determination?
The lender's foreclosure lawsuit is open to the public. Ask your attorney to search the clerk's records and the public records before you foreclose.
POA President
Here's one for you to chew on: An owner owns multiple units free-n-clear. He creates an LLC (of which he's the managing member and sole owner), and sells the units to the LLC, taking back a mortgage for the purchase price, thus making him the 1st mortgagee…with the protections now afforded him under FL statute. So, he now immediately stops paying annual assessments via the LLC, knowing that in the end, when he forecloses (on himself, the LLC) he'll only be liable, as the 1st mortgagee, for 12 mos of back assessments. Ultimately, the HOA comes up on the short end of the stick, unless maybe it pursues legal remedies (frustration of purpose, perhaps?) which may prove an expensive gamble; one the HOA can't afford to pursue.
Well whenever there is a rule you know there will be those out there just trying to find a way to skirt around it. I've heard of this scenario before. There are several options your association can consider – amendments to the governing documents to bolster your position relative to assessment collection, collection of rent from tenants and eviction of those tenants if they don't pay (reducing income to the owner), suspending use rights for the tenants, etc.
I received a foreclosure of Lein in 30 days, my condo is a reverse morgatge, how will that work?
I suggest doing Title due diligence before bidding on the auction. I use http://www.protitleusa.com, they charge $55 for each search.
Is HOA required to notify the Line of Credit holder against the condo during the foreclosure process? Also, is HOA lien inferior or superior to second mortgage (line of credit)? we purchased a condo through HOA forcloure and later found out there is large amount of loc and the unit is in need of 20k rehab to be livable. But the HOA did not include the bank with loc during the processing. we've been paying high hoa fees since the purchase and no extra funds to fix up the place to move in. what are our best options?
My association foreclosed on the house next to me. The house is deteriorating. If I owned the property, the association would force me to clean the property or be fined. Do they have the same obligation to maintain a house they foreclose on even tho it is still subordinate to the first mortgage?
brent ballard
A little
problem with the above statement, until all the superior liens are paid in
full, the association will not get "CLEAR" title. They will get title
with encumbrances making the property unsalable and non-transferable. So the
association should be sure there are sufficient monies to clear all superior encumbrances
before foreclosing or they will be stuck paying the unpaid superior liens.

subset: commoncrawl


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Auburn, Ala. - The Auburn Area Community Theatre (AACT) is excited to announce its production of "A Midsummer Night's Dream." Written in 1594 by William Shakespeare, "A Midsummer Night's Dream" is a story of the events surrounding the marriage of Theseus, the Duke of Athens, and Hippolyta. Young lovers collide with warring fairies in this magical retelling of Shakespeare's most beloved comedy with a modern twist! Filled with mayhem, mix-ups, and mischief, this production is sure to delight audiences of all ages.
Performances will be held March 6, 7, 8, and 10 at 6:30 p.m. at the Jan Dempsey Community Arts Center. An additional matinee performance will be held on March 8 at 2 p.m. Doors will open 30 minutes before the show. Tickets are $6 for children, students, and seniors and $8 for adults. A special family night will be held on March 10 with $6 tickets for all attendees. Show time is approximately one hour.
The AACT strives to educate and enrich children through theatre. Its mission is to present quality, entertaining, and thought-provoking theatre experiences. AACT seeks to serve the Auburn community by providing an avenue for artists and artisans to collaborate and create theatrical presentations and offer the community an opportunity for education and participation in the world of theatre.
For more information, please visit www.auburnalabama.org/parks or contact the Arts Center at 501-2963.


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Leechburg Area resumes superintendent search
The Leechburg Area School Board is again searching for a new superintendent after the recently hired Terence Meehan backed out of the position.
Meehan's resignation last week comes just four months after he accepted the position at an annual salary of $125,000.
He was tentatively expected to begin serving the five-year contract in late January once he finalized a transition from the New Castle Area School District. Meehan has spent the past eight years there overseeing curriculum, federal programs and transportation as assistant to the superintendent.
In early January, Meehan put the transition on hold as he was called to Florida to care for his critically ill mother, who died Jan. 26.
Meehan told the Valley News Dispatch in February that he would begin serving the Leechburg Area superintendent position sometime late March or early April.
But in an email to the Valley News Dispatch late Tuesday, Meehan, 50, wrote that he would remain with New Castle indefinitely, citing the recent turmoil in his personal life as reason to stay.
"After great personal deliberation of my situation following the sudden death of my mother, I gave myself a few weeks to analyze the changes in my life and did not want to hold back the transition process at Leechburg," he wrote. "I realized that relocating at this time was not an option and the commute was far too intense to manage on a daily basis."
Meehan went on to explain that he planned to maintain residences in New Castle and the Alle-Kiski Valley, but is now bound to New Castle "following the passing of my mother and the needs that I have to handle family business here."
He did not elaborate, but concluded with the following statement.
"(The tragedy that my family and I have endured) is genuine, and I must focus on the sudden changes that have been placed on me. It would not be fair for me to relocate and neglect the family responsibilities or the duties of a new position."
Leechburg Area board members Jean Stull and Kathy Vargo declined to comment on the situation. Other members could not be reached.
Frank Prazenica, the district's interim superintendent, said the board has begun advertising for the position and could make a hire as early as late April. He said the board will review 13 applications received earlier, particularly the top four previous candidates, and accept other applications until April 7.
"The district is trying to move forward as soon as we can," said Prazenica, who was appointed interim superintendent in July. "They'll be meeting in private in the next couple months here to narrow down their candidates and come to a consensus."
Solicitor Robert Cinpinski said the board would not look into any potential violations of contract by Meehan's leaving.
"The board is sympathetic to (Meehan's) personal circumstances and we all wish him well," he said. "The board is fortunate that this is a time of year in which many superintendents are potentially looking to change positions or coming available. That's good because the board not only wants to make a decision soon, but needs to at this time."
The Leechburg Area School District is in the process of crafting its 2014-15 budget, which could raise property taxes as much as 4.2 percent in its Armstrong County communities and 3.2 percent in West Leechburg, Westmoreland County.
Business Manager Mark Lukacs said next school year's budget is among the most difficult he's had to balance in his career. That's because, he says, retirement, transportation and health care costs are ballooning, while the state withholds its "inadequate" funding figures until the 11th hour, putting the district "in between a rock and a hard place."
The district's deadline to finalize the 2014-15 budget falls in June.
"Hopefully, we'll have a superintendent by then," Cinpinski said.
Braden Ashe is a staff writer for Trib Total Media. He can be reached at 724-226-4673 or email@example.com.
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2010 — June Case of the Month
Posted May 19, 2010
Why use ImageScope?
A 35-year-old man presented with a slowly growing painless mass in the scrotum. Imaging studies revealed a locally infiltrating mass that involved the scrotal wall and extended into adjacent pelvic soft tissue.
The master list with the correct answer
• Aggressive angiomyxoma
• Angiomyofibroblastoma
• Myxoid leiomyoma
• Myxoid neurofibroma
Access Case Critique to view:
• Appropriate diagnosis
• Critique
• References
Related Links


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Words formed when one letter is changed in gyms
No words found when changing letter 1 (G).
Letter 2 (Y) changed: 3 words found:
Letter 3 (M) changed: 1 word found:
No words found when changing letter 4 (S).
A total of 4 words can be formed from gyms by changing one letter.
Some random words: oases feal gerent tchotchke wha engender iolite
This is not a dictionary, it's a word game wordfinder.
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Kicking off another stellar year of star-studded goodness, the 2016 Oscars got underway last night (February 28) in Los Angeles.
And with so many deserving nominees, the competition for each and every one of the twenty-four trophies was nothing short of fierce.
Never one to take the conventional route, Olivia Munn shot down reports that she's engaged to boyfriend Aaron Rogers by posting a text message conversation with her mom.
Looking ahead to the New Year, Marvel just unleashed the first official trailer for the highly-anticipated "X-Men: Apocalypse" and it's absolutely amazing.
Actress Olivia Munn is slamming members of the media for suggesting she is to blame for her boyfriend Aaron Rodgers' current football field slump.
After starting the season unbeaten, Rodgers and his Green Bay Packers have lost their last three games, and in a recent article about the team's failure on the Milwaukee Journal-Sentinel's website, an online commentator blamed Munn for the quarterback's poor performance.
Filming is well underway on the final installment of Bryan Singer's "X-Men" trilogy and Entertainment Weekly just published still images from the set of "X-Men: Apocalypse" that are nothing short of awesome.
With plenty of brains and beauty Olivia Munn is the total package, and she looks darling on the August 2015 cover of Good Housekeeping magazine.
As if she wasn't already intimidating enough, Olivia Munn posted an impressive video documenting her preparations for her role in the forthcoming "X-Men: Apocalypse" flick.
The "Attack of the Show" hottie will play Betsy Braddock (AKA Psylocke) in the much-anticipated movie and it's pretty clear that she's a bada** with a katana sword.
Always up for a new challenge, Olivia Munn has joined the cast of "X-Men: Apocalypse" and will be playing the role of Betsy Braddock/Psylocke.
The "Newsroom" actress will join the likes of Jennifer Lawrence, Michael Fassbender, James McAvoy, Rose Byrne, Channing Tatum and Nicholas Hoult.


text:
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text:
Björk wants to make her Biophilia app, which provides educational multimedia experiences about science and sound, available on platforms in addition to iOS, and she has launched a Kickstarter campaign to fund the work.
The Biophilia app also forms part of a larger the Biophilia Educational Program for schoolchildren, which is run as a non-profit. The app "create[s] an extraordinary multimedia exploration of the universe and its physical forces, processes and structures — of which music is a part," according to the app store. It also sells Björk's music as in-app purchases.
In her Kickstarter pitch, Björk says she wants to expand the program to reach more low-income kids by taking the app to more financially accessible mobile platforms than Apple's.
"The most interest has come from students from low-income households and schools with underfunded art budgets, and the only way to bring the project to those people is to have Biophilia reprogrammed for Android and Windows [Phone] 8," Björk wrote on Kickstarter.
The project, hosted in the U.K., hopes to raise just under $600,000 to port the media-rich app to the other operating systems.
Contributors to the project will get unique Kickstarter Björk swag and credits within the app. Those who contribute £650 will receive tickets to one of the educational program's residency shows and "an invitation to post-show drinks with musicians (Björk appearance not guaranteed)."


text:
So it's touchdown at 'The Brewery', Apple's choice of location for its UK iPods with cameras secret announcement and there was no alcohol on offer. Make up your own jokes...
More to the point today is all about iPods, not the iPhone, not iTablets, not The Beatles, but first iTunes and some new firmware.
Firmware 3.1 appears today with bug fixes, some performance updates and Genius functionality is now integrated into the App Store so it will be able to recommend apps based on what you have installed. It's free for iPhone owners and as usual iPod touch owners get ever so slightly stiffed, this time to the tune of £2.99. Ringtones also launch with 30,000 available for $1.29 apiece. This hits today.
As for iTunes, Jobs tells us 8.5 billion tracks have been downloaded by over 100,000,000 customers. Feeling suitably smug then we get iTunes 9 which features a cleaned up UI and 'Genius Mixes', an extension of the Genius feature to 'DJ' together suitable tracks from your library. Syncing gets revamped too with more advanced sync options for iPods and iPhones that allow users to sync music by artist or album, photos by name and videos by title or genre. App management appears too so homescreens can be organised via iTunes - long overdue.
'Home Streaming' is another biggie with iTunes now allowing copying of content between up to five computers on the same network - we've been able to do that with iTunes supporting NAS boxes, but this is welcome. Lastly is 'iTunes LP' which aims to bring back some of the classic features of vinyl such as liner notes, internal artwork and lyrics combined with newer content like video. It works for video downloads too, making it rather like DVD extras. Another nice move, but it will be interesting to see how compatibility works across legacy iPod and iPhone models. Social networking fans will also be able to right click on iTunes content and send it to Facebook or Twitter.
Next iPods...
Update: As could probably be expected, iTunes 9 breaks the Palm Pre sync. Expect Palm to fix that quick sharp and the whole cat and mouse game to roll drearily on.
Update 2: Here is the full iPhone OS 3.1 feature list:
- Genius recommendations for Applications
- iTunes 9 support
- Genius Mixes
- Organize your apps directly in iTunes
- Improved syncing options for music, movies, TV shows, podcasts and photos
- iTunes U content organization
- Redeem iTunes Gift cards, codes and certificates in the App Store
- Display available iTunes account credits in the App Store and iTunes Store
- Browse and download ringtones wirelessly from the iTunes Store*
- Save video from Mail and MMS into Camera Roll
- Option to "Save as new clip" when trimming a video on iPhone 3GS
- Better iPhone 3G Wi-Fi performance when Bluetooth is turned on
- Remotely lock iPhone with a passcode via MobileMe
- Use Voice Control on iPhone 3GS with Bluetooth headsets
- Paste phone numbers into the Keypad
- Option to use Home button to turn on Accessibility features on iPhone 3GS
- Warn when visiting fraudulent websites in Safari (anti-phishing)
- Improved Exchange calendar syncing and invitation handling
- Fixes issue that caused some app icons to display incorrectly


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Wednesday, June 11, 2014
All day
Where: Silverman Hall, 2170 Campus Drive, Evanston, IL 60208 map it
Audience: Post Docs/Docs - Graduate Students
Nick Cormier
Group: Professional Development for Graduate Students and Postdoctoral Fellows
Category: Other
The Boston Consulting Group will be holding small group Coffee Chat sessions on Wednesday, June 11th, 2014 for Northwestern MD, JD, PhD, and post-doc students interested in full-time career opportunities at BCG. Because there are a limited number of available time slots, we ask that only those students available to start at BCG in 2014 or 2015 sign up at this time.
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Library Online Catalog:
Click the FUSD icon to search for books in our new Follett Destiny catalog.
This catalog has two appearances. You'll see the first when you click the FUSD icon. However, once you're there, click on "Destiny Quest" in the ribbon on the left and see which interface you like the most!
Student logins for Follett Destiny:
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Boarding(42 Posts)
I am lucky my daughter has settled into boarding life very well. Although I have a friend who is not so lucky. what can be done if your a parent several thousand miles away to help...
thaks i will pass it on
sorry the link didn't work!
@Kenlee, A friend of mine is experiencing something v similar to this! She did a whole bunch of research (googling mainly!) and found this article, it's only short but I know for a fact it's helped her alot!
I hope this helps!
As a Houseparent at a British state boarding school, I can say that some children take to boarding straight away......but others need more support. In these cases, all staff should be very aware of homesickness....making sure contact home is regular, whether it is by phone,email,Skype....and also trying to match the pupil with a pupil 'buddy' ..to look out for them at school and when back at the Boarding House. A good boarding house should feel 'homely', and parents should feel confident that Houseparents are approachable and friendly. I find that quick emails home or phone calls giving informal updates about what their child is doing,really helps parents to feel relaxed about things. The main thing is communication and talking to people....and also, the fact that it is OK to be homesick at times......as Houseparents we need to be alert to the signs and provide activities, support,a listening ear, when needed!! We also send out a twice termly newsletter to all parents, and the feedback we have had about it is overwhelmingly positive!! Parents can see their children enjoying themselves and relaxing......this doesnt always come across when pupils call home!!!
I hope this helps
after watching Homeland I expected a completely different thread
I think it also depends if you have friends or not.... or even if the girls are the right type....
But as I have seen with one particular girl they (boarding staff) will try everything to help the girls settle...
In fact im surprised that my friends school aren't doing the same..
Longtalljosie, I went to both day and boarding schools and was FAR happier at the boarding school. The girls were nicer. The atmosphere was easier. At my London day school there were some real b*tches who gave me a constant hard time for being musical and 'swotty'. At the boarding school being musical was cool. And the facilities were amazing, life in house was fun... I felt like I'd gone to heaven.
I'm really sorry you were sad but you can't generalise and say that therefore all boarders must be sad.
Well I know that Im grateful that our house matron is rather clever....she can spot trouble a million miles away...so before it gets close she has already dealt with it....
I do believe that the pastoral care in most modern boarding is the same. Of course there will be unhappy kids. My friend is flying over at Christmas to see what needs to be done. What can be done ..and to implement a plan that is workable. She has rung matron and they
have seen nothing untowards.
schoolnurse definitely agree! we could get signed off if we were feeling a bit run down or mopey - think it was easier to get a sick day out of matron than my mum - because they were so good at spotting when we needed tough love and when we needed a bit of time and space to sort ourselves out and stop a bit of a down day turning into anything worse.
Actually I do get it I get it more than you imagine because unlike perhaps when you were at boarding school we monitor the psychological as well as physical health of all our children very carefully. Children don't just have to sit there telling us that they're unhappy we are constantly watching out for signs if unhappiness, we are not only regularly in houses just getting to know the children in our care so that we can spot changes we are part of a multi disciplinary team constantly watching out for unspoken signs of trouble. We have also created a culture in our school of seeking help, turning to nurses, matron, tutors, chaplains etc and I can reassure it's extensively used by our children the vast majority of children (and their parents) recently reported they felt exceedingly well cared for and supported, all knew who to turn too and felt comfortable doing this. You and your friends were clearly unhappy at boarding school which is very tragic but this does not mean all children boarding were unhappy then and it definitely doesn't mean all children boarding are unhappy now.
schoolnurse, while at boarding school I would never, ever have told a member of staff I was unhappy. I would have insisted I was. You don't get it - but I do understand that.
I started boarding in Y10 (but not overseas). I loved being at home, longtalljosie, but our local schools were awful and I was reduced to tears on a nightly basis so, for me, even at 14 I knew I had to make a difficult decision and I was fortunate that my parents supported me. I was happy boarding in terms of pastoral and educational welfare, but when I was at home I was a nervous wreck from Sunday night to Friday evening which is no way to live a life.
I made friends quickly, but was certainly aware that I was the 'new girl' for quite a time. It is possible that the discomfort comes from your friend's daughter, rather than her peers, and that is perfectly natural. I saw my parents often, and spoke to them regularly (I appreciate this isn't always possible).
My best friend started boarding in Y9, and we quickly bonded, but all the staff commented that she was much happier when I was there. I don't mean that arrogantly, just that once she clicked with someone everyone saw an instant change in her happiness. She told me how much she hated Y9: her parents told her to stick out the year and then decide. By having an end in sight, she was happier, but equally by the time the year was up she had settled better.
My sister was miserable for the first two terms. It does take time. Some people are ready to board earlier than others, some will never be ready. I think she needs to stick it out, if only for the year, then chalk it up to experience and move on. She's 14 - old enough to be miserable (and yes, to be affected long term by it), but also old enough to know she is nearly 1/3 of The way through the year now and the worst is over. They'll be ramping up for Christmas soon and that is a lovely distraction.
This is exactly what I mean boarding is not for everyone...but to say boarding in general is bad...is not true....
Im certain my friends daughter is an exception rather than the norm...
Kenlee, your daughter may have the personality to make new friends easily plus she has started in a year where every one is new so is geared up for that. Your friend's daughter (as has already been said) does not have the advantage of the latter and may also have a personality that takes longer to find and make good friends. It does not necessarily mean that the school will not be right for her but, for example if she is feeling ostracised and the quality of the lessons and activities is not living up to expectations, then it might be worth considering an earlier move (bearing in mind disruption to GCSE syllabuses if that is an issue since she is in year 10).
I still dont get it... My daughter is having a wail of a time..She actually said that she wished her friends can come back home with her over Christmas.
I understand that some girls that board arent happy. Although I know one girl who wasnt to happy and extremely homesick. The girl was picked up immediately by the house matron and is doing really well....
My friends daughter is not doing well....and I am not happy about that....Im sure a talk with the house matron should help...and if it doesnt a change of schools...
When I left in September I spent some time to talk to the older girls ...almost all said it was great...
We have unhappy children at our school, both a day and boarders by the way. From experience there are also unhappy children in all day schools both state and independent who many years later will post on forums stating how miserable they and their friends were or during reunions find other like minded souls and discuss how awful it all was.
My colleagues and I are trained and committed to identifying and assisting unhappy children, we are proud to offer a 24 hour confidential and independent service and are in many cases the children's advocates in a variety of situations, on top of this as nurses we have a legal duty of care. As a rough estimate only about 10% of our children are unhappy and only in a few cases is this unhappiness caused by homesickness most have significant issues at home in fact we have a few who would rather be with us than at home, others are struggling with academic or other expectation again usually coming from parents as demonstrated by a recent study. The other 90% in my professional judgement and as a mother are having a time of their lives, they are getting a good education but also loads of opportunities that children in day schools don't get and are surrounded by their friends all the time, enjoying the camaraderie that's associated with boarding and certainly in our case also supported by caring dedicated staff.
I accept you were unhappy and if you a boarder sitting in my surgery today telling me you were were unhappy I would do all in my power to help you but please don't assume that your experience will apply to all in boarding schools in 2013.
Why shouldn't they be happy? Goodness. Well - that one's simple. Because people - all people but especially children - need their families around them. They need individual care and attention, especially through their teenage years.
Why would boarders still board if they're unhappy? Well, firstly because as I say, boarding schools tell you that the right sort of person (ie a worthwhile person who's worth anything at all) will "thrive" at boarding school. It's accepted there are people who don't take to it but the unspoken (but nonetheless very clear) implication is that these sorts of people are deeply inferior and weak. There's also a lot of pressure not to upset your parents.
You are paying money for boarding - a lot of it. In my case, the services paid almost all of it but even the remainder plus uniform costs etc was a real stretch. Add the pressure above, and you feel obligated to make your parents happy by making them feel the investment you're making is working.
I don't get it... why would boarders still board if they are unhappy...Although I have to admit...I always ask my daughter if she is happy or unhappy everytime we speak. She always says she is and I dont have to ask everytime as it is boring her.
To be honest I also think it has to do with the house staff who are excellent at my daughter school. So Im one of the lucky ones. Im sure there are some bad ones but I also think it all about fitting the school and vice versa...
Some kids need academic schools some need pastoral care...I just hope my daughter will continue to be happy throughout her school life...touch wood...
I think those who dont fit into boarding should never be forced to board...Those that do should be given every oppurtunity to do so.
"How can they?"
Why shouldn't they be happy? longtall
Don't rush at it. It takes time.
I left in similar situation. Really regretted it quite soon afterwards. Went back to day school then boarded elsewhere a year later.
Should never have left the first one but had built up to being utterly homesick and was just beginning to settle when I left.
Leave it summer.
Im just happy my daughter is happy...but even now I still look for signs of any unhappiness.
Will the mum will fly over after christmas to see if anything more can be done....If need be to change schools....
schoolnurse - seriously, and I'm sure you're very good at your job - how can they be? Homesickness is the pits. Everyone wants to be home - even if you're just out at work your spirit lifts as you get in the door. No-one wants to be in an institution.
longtall you weren't happy and maybe neither were your friends but this does not mean that at all the children were unhappy and even more importantly children boarding in 2013 are unhappy. Children are now no longer not allowed to ring their parents unless it's a special occasion, parents are very very much more involved in school life, our HM's work tirelessly for the welfare of the children in the care, good boarding schools have staff like myself who are dedicated to the children's welfare an ones who are constantly watching out for unhappy children; an independent person who the children know they can turn too for help support etc. things have changed. In my professional opinion the vast majority of our boarders are happy.
I went to boarding school from the age of 11. We weren't allowed to call home unless it was a family birthday, it was torture. I used to live for sneaking to the phone box on a Saturday.
Do NOT advise your friend to stop calling her child, I beg of you. Children don't stop loving their parents because they're out of sight. I was very about your comment that seeing her child at half term "unsettled her further".
Forgive me, but just because your child seems fine and happy doesn't mean she is. There's a staggering amount of pressure put on children that if they're any sort of person they will "thrive" at boarding school. And not to upset parents with tears. You can see why they do it, their business model depends on an illusion of happy children. It actually takes a lot of strength of character to admit that actually, no, I'm not happy here and that's OK.
In the years after my friends and I left boarding school when we would talk about what life there was like often the other people around the table in the pub would be full of positivity "wasn't it great!" I would just sip my pint and say no, actually, it wasn't great. It was pretty dreadful. And they would just deflate and say, yeah, actually it was dreadful.
I doubt she has done anything "wrong" or that there is even anything wrong with the school we're just all different, some take boarding in their stride others struggle for quite a while. You do say she's in yr 10 and I'm assuming started in yr 10 and most children probably started in yr 9 so she is trying to break into an established group who have probably settled into boarding. But it's still not insurmountable. She just needs time.
OP it is easy to be blasé if you child is busy and happy but we do have children who become very homesick after a couple of terms or even a couple of years, the novelties worn off, the work loads increasing, or it's a term where they're playing their least favourite sport 5 days a week, or the simple realisation that this is it for the next five or so years, even changes in HM's etc and thus house ethos/rules, can upset those who seemed very settled. Everyone is often taken aback "they seemed so happy" but again most work through it and settle.
Most frighteningly for us as parents and staff is how quick the time goes; one minute they're children, the next they're towering over me, it's their last term and they're telling me where they are going to university and we can't believe that what seems like only last week a very homesick child is now a young adult.
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Join Date: Mar 2008
Location: Orange County,California
Posts: 280Rewards Points: 264
Mushroom bubblers for watering podocarpus trees
How far from the base of the bubbler (the bottom of the bubbler that is screwed on to the riser) should it extend above the dirt. I am trying to keep them close to the dirt so the water pressure available is not trying to push water up all these risers. Each tree is supposed to get about 3 gallons of water twice a week. I have 10 trees on one line and 10 on the other. The bubbler says 2.5 gpm per minute so I am going to adjust them down with the adjusting knob and just let the timer run longer. The ones I have installed are about 2" above the dirt to the bottom of the bubbler. When I get everything flowing I can watch but I am curious now and I wanted to see if someone knew.
I used to have sprinklers that watered these same flower beds and some trees before and had no problem with lack of pressure. But I think these bubblers put out more water per minute. Any thoughts?
Too Short? Cut it Again!
Join Date: Sep 2009
Posts: 9,634Rewards Points: 2,000
Your problem is probably not lack of pressure but lack of water flow with so many bubblers on one line. You can get flow rate from your water company or measure it yourself with a bucket and a stop watch. Just close off all water flow and then open a hose bib to fill a bucket. Extrapolate to get your GPM flow rate. Typical residential is 8-12GPM as I remember. If you have 10 bubblers on each circuit you are trying to draw way more water than you have available! You may have to put them on more circuits.
But you know, why not just switch to drip irrigation and work in gallons per hour instead? Pressure will not be a concern with drip. It is better for the soil since you will not add water so fast it clogs up. The water conservation is obvious I hope. Plants love it and it will encourage nice roots. It goes only where you want it so will reduce weed growth and it doesn't splatter disease spores up on plants.
Drip emitters come in all sorts of configurations from basic drip, and bubblers to misters and even mini rainjet type things. They have draws in a range something like .5 to 12 Gallons per Hour (GPH). There are self cleaning types and versions that compensate for pressure along long pipe runs. Most of the designs I did were with simple drip emitters in the 1-4 GPH range. I did use some 1-2GPH misters for plants like azaleas that liked their leaves moistened. I started using it during Northern California water rationing when working as a landscape designer. I never stopped and put most designs I did on drip systems except for turf areas. Clients loved it too.
Drip components are easy to install and are inexpensive. Some legacy irrigation valves may not work with the low flow rate but they are not expensive either. Some timers may not allow long enough watering cycles but you can usually set them to repeat.
You should shop at an irrigation supply outlet or online for best selection. Box stores have limited options and of course cheap quality emitters. I guess you could get the tubing from them.
You can also add things like fertilizer injectors to drip irrigation systems. Installing the emitters is a matter of using a punch and inserter for the type emitter you buy. Punch a hole. Plug it with an emmitter. It does not get much easier? You do want to make sure you put a filter on drip lines.
For your podacarpus trees, consider placing several smaller emitters rather than one large one.
The only drawback to drip irrigation is that at least the part of the tubing with the emitters has to be on the surface. Ground covers and other plants will soon disguise it though. However, it may not be the best choice for areas subject to a lot of foot traffic from people or pets.
I warn you, a nicely designed drip system is as much fun to watch as paint drying so if you are looking for high drama while you water, some wasteful approach in GPM would be better.
Last edited by user1007; 07-30-2012 at 06:10 AM.
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Member Since: December 24, 2011
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Never mind. I went digging through other files and found them. Now I just have to figure out how to use them. lol ^_^
Okay, just a little wondering here. I have all the stuff, and getting the hang of it, but I have one problem. I'm not sure what pin the speaker is on. Can someone who knows possibly provide assistance?
No public wish lists :(


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Congrats Vivek Kundra, Obama CIO: http://www.eweek.com/c/a/Government-IT/Google-BlackBerry-Enthusiast-is-Obamas-CIO-Choice/
"VivekKundra will bring a depth of experience in the technology arena and acommitment to lowering the cost of government operations to thisposition," Obama said in a statement. "I have directed him to work toensure that we are using the spirit of American innovation and thepower of technology to improve performance and lower the cost ofgovernment operations."
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Social Business transformation
Matching: obama X
Vivek Kundra, Obama's choice for CIO
AntonySatyadas 1100009CNT Tags:  kundra cio smarter collaboration vivek obama open 3,176 Views
Technical Standards recommendations to the Obama Administration
AntonySatyadas 1100009CNT Tags:  standards open law yale university obama redhat ibm 3,653 Views
The Yale Law School Open Standards research initiative and ODF alliance published recommendations to the Obama administration
Check out this effort from Yale Law School: http://www.law.yale.edu/documents/pdf/News_&_Events/Standards_RecommendationsREV.pdf
Key recommendations:
More commentary in Bob Sutor's blog: http://www.sutor.com/newsite/blog-open/
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Linux on the rise
More adoption trends...
"The freelance marketplace Odesk (www.odesk.org) recently reported thatthe number of Linux-related jobs posted on its boards has increasedmore than 1400% since 2006": http://linux-foundation.org/weblogs/press/2009/03/01/linux-foundation-announces-training-program-to-meet-increasing-demand-for-linux-talent/
Berkley is offering Linux courses: http://www.unex.berkeley.edu/news/linuxcourses.html:
"For software programmers and developers worried about layoffs and jobsecurity in these tough economic times, the answer may be as clear asthe screen on your cell phone. That's because manufacturers of smallconsumer equipment like cell phones and PDAs need programmers trainedin embedded Linux to hand-tune the product's software code."
And then if you look at the hot jobs in 2009, there is a good intersection of roles that can benefit from such capabilities:
And as you may know, the Obama campaign used Ubuntu nation wide: http://boredandblogging.com/2008/10/21/obama-ubuntu/
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A Prairie Home Companion with Garrison Keillor
Brown Theater at the Wortham Theater Center in Houston, TX «archive page
Listen (MP3)
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GK: ……right after this message from the American Creamery Association. (PIANO)
SS (MOM): If you'd rather not come for Thanksgiving, I understand ------- it's perfectly okay, I don't want to pressure anybody into coming. I would rather sit here alone in the kitchen and eat a frozen turkey dinner than force my children to drive all the way across town to be with me against their will. I'll just sell the house and give all my money to the church and live on the street in a cardboard box with all my stuff in a grocery cart, rather than drag you here against your will for Thanksgiving. ---- But----- if you do come, could you pick up some butter? (MUSIC UP)
GK: Yes----- the secret of a happy Thanksgiving is butter. (SFX) Baste regularly with a big brush (SFX). Inject melted butter with a butter gun. (SFX) And before serving, put a few pats of butter on top. (PLOPS) It's the secret of every great cuisine. (TR FRENCH) No matter what country you're from, butter is the passport to pleasure. (TR ARABIC) Everybody's a little cranky around the holidays (TR GLOOMY SWEDE) but you slip a little butter into the crankcase and it's Buon Giorno time (TR ECSTATIC ITALIAN). Be happy ---- use butter.
The holidays are here again,
The relatives appear again
Decorate the chandelier again
The holidays are here again.
Let's have our Thanksgiving feast
And make sure it is well-greased
Get out your cookie cutter now
It's time to see your mutter now
And bring her lots of butter now.
The HOLIDAYS ARE HERE AGAIN.
GK: A word from the American Creamery Association. (BIG PIANO CHORDS)
Old Sweet Songs: A Prairie Home Companion 1974-1976
Lovingly selected from the earliest archives of A Prairie Home Companion, this heirloom collection represents the music from earliest years of the now legendary show: 1974–1976. With songs and tunes from jazz pianist Butch Thompson, mandolin maestro Peter Ostroushko, Dakota Dave Hull and the first house band, The Powdermilk Biscuit Band (Adam Granger, Bob Douglas and Mary DuShane).


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"I worked with my friend Tom Sturridge, and he plays Carlo Marx, who's Allen Ginsberg," Stewart says, excitement creeping into her voice. "And I would look over at him, and he's doing this fucking full-on Allen Ginsberg crazy monologue in the corner of some thumping, raving party, and I'm dancing to bebop jazz, and I'd be like, 'Tom, we're doing "On the Road." Just so you know? "On the Road."?!'
How cute is she?
The full article can be found here,at the source