Here is an interesting story I found searching the web on the latest foreclosure
causes of action: This latest one is an interesting take that has some
very particular Affirmative Defenses, or prongs for a Motion to Dismiss.
Let me know your thoughts, are they right or wrong?
This story was found on
Larry Murphree, 73, keeps a small american flag in the flower pot near
his front door.
"I have a right to have it there," he said.
But his Homeowners Association is telling him the flag has to go. He is
now flying a much bigger flag in his garage upside down.
"They've got a foreclosure on my house that's why the flag
is upside down," said Murphree.
Murphree home is in the Tides Condominium at Sweetwater. The HOA allows
flags to be flown in certain locations, during daylight hours.
This is the second time he has been in a fight with the HOA over his use
of old glory.
"They settled that case and I thought that would be the end of it,"
It is not, the association is citing him again, not for the flag, but for
where it is located. Since his last fight the HOA has new guidelines for
"Now they're saying they can say what can go into a flower pot
and the american flag is an unauthorized object," he said.
According to court records the HOA rule limits the content of planters
to foliage and flowers; he believes the rule was create just for him.
"(I am ) hurt disappointed that they just keep going after the american
flag and after me," said Murphree.
June 2013 Murphree filed a seven count lawsuit against his HOA in federal
court; March 2014 that lawsuit was dismissed without prejudice. He can
file his lawsuit in state court.
The property manager Katie Hollis was not was available for comment and
did not return calls.
The HOA's attorney Michelle Haines said the federal courts decision
shows Murphree has no cause to sue the association and there's no
"I don't think it is right," said Murphree.
Each day he keeps the flag in the pot is a $100 fine; Murphree said he's
now being billed $8,000 in violation and attorney fees. And they've
also began the foreclosure process to collect.
Muphree said he's fought them before and he'll fight them again;
he feels as a homeowner he has a right to do what he's doing and to
save his home.