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On June 7, 2004, as President and Co-founder of The Texas Homeowners Advocate Group (now a 501(c)(3) charitable organization whose political organization went to The National Homeowners Advocate Group, LLC), Harvella Jones asked The Honorable Fred Hill, Chair, Local Government Ways and Means Committee, to ask the Attorney General of Texas, Greg Abbott, to answer the question. Harvella Jones forged ahead, even though she was advised by other advocates not to seek an answer to the question. But if you don't ask, how are you going to know how to win? As a result of asking on behalf of Texas's voters and homeowners, we learned from the Attorney General of Texas Greg Abbott on December 9, 2004, that "A property owner may encumber real property with a covenant running with the land, which, depending on the particular instruments and circumstances involved, may be enforced by foreclosure without violating subsequent purchasers' constitutional and statutory homestead rights." Now look at the part I have italicized, "depending on the particular instruments and circumstances". Doesn't this give you hope? I want to share something else with you, on Page 4 of the Attorney General's Opinion, he wrote in the last paragraph, "We have received extensive briefing that takes issue with the Texas Supreme Court's analysis and reasoning in Inwood and recommends "'repeal' of the Inwood law."3 That may be good policy and, as such, would be appropriate for the legislature to address or for the Texas Supreme Court to consider. The attorney general's constitutional duty to render legal advice, however, does not include the authority to legislate or to establish binding judicial precedent. See TEX. CONST. art. IV, _______________ 3 See Brief from Harvella Jones, Texas Homeowners' Advocate Group, to Nancy Fuller, Chair, Opinion Committee, Office of Attorney Geneal, at 6 (July 20, 200 (on file with Opinion Committee). ------------ I highlighted this in red because these words you may not see anywhere else. What the Attorney General is telling us here is for us to go to our legislator or the Texas Supreme Court and get this done. Two important words--US and LEGISLATORS! I will be more than happy to send you a copy of my letter to Rep. Hill on June 7, 2004; Rep. Fred Hill's letter on June 9, 2004 and the Attorney General's Opinion on December 9, 2004. There is no other homeowner advocate group or homeowner association group in the State of Texas that has ever gotten such a hot and valuable opinion such as this on such a relevant issue to our struggle as the group my husband Johnnie and I started in 1996. If you send me a self-addressed envelope with a 68 cent stamp on it or enough postage to mail 10 pages, I will mail it to you....perhaps. I am not emailing the information. If you request the information, I am expecting you to have already become a member. After more than a decade of doing this, I have finally had enough of parasitical organizations that call themselves advocate groups and do nothing but steal your thunder and try to separate you from your work in the process after you have given your blood, sweat and tears to stop something you have been a victim of. They don't support you, even though you support them. They are too busy publicizing their own weak presence. This type of fellowship has slowed this movement down more than the industry has. One thing you will always get from me is the truth because I don't mind telling it to you. I am tired of phony, self-serving advocates who will do anything to keep from giving credit where credit is due. I have learned how to promote myself from watching these self-serving individuals. They are so busy patting themselves on the back and promoting their own shallow misunderstanding of the entire process, they haven't had a novel idea since they were born and feed off the ideas and juice of others. But I will not hold any malice against them. (Luke 6:27-28) They have been very disrespectful to my family and I, some of them in their haste to get credit for something have created a clone group with part of my group's name--The Texas Homeowners ____ _____(you fill in the blanks).... I would have never done that to anyone, particularly not to a family that has suffered as much as my family. They have attempted to shove me aside and discredit me among my peers and the people I serve. They have been a negative force and have created more misunderstandings than solutions. Please do not get my groups confused with any of these groups as we are the only advocate group that do not and will not support any legislation that contains any homeowner association foreclosure. We are the only homeowner advocate group in the United States that is led by a homeowner association foreclosure victim--me--Harvella Jones, December 5, 1995, almost a decade before Winona Blevins homeowner association foreclosure. She got her house back; we did not. She benefited from the publicity we have given this awful violation of our property and Constitutional rights. When we were foreclosed, no one knew this could happen to you not even our legislators. My husband and I fought the battle alone. We were the first advocates to testify before our legislators in Austin, Texas, taking copies of the case law Inwood vs. Harris to pass out to the legislators as we educated them. So on behalf of my family, I will continue to fight but with a better team by my side. This movement would have moved a lot faster and smoother if all these backbiting advocates would just all retire and let the real advocates take over. These erroneous messengers of what they believe to be the right way has added quicksand to our movement for freedom from the oppression we endure in our homeowner associations. But since I am the only one of them that has actually lost a house through this unconstitutional process, I will, with God's help, continue to move forward in spite of their poison disruptions and evil, back- biting attempts to ignore and gloss over the good my organizations and I have done and their evil thoughts and comments from the lips of supposedly kind, gentle and concerned people have reached my ears. How can you say you care about the abused when my family and I are among the statistics of the abused and have been treated so poorly? My omission from their forum is so evident, it is amusing. If you are reading this, that means I gave you a password to open this page. If I gave you the password that means, I believe I can trust you not to stab me in the back with malicious lies such as my foreclosure never took place, I am only in it for money and so forth--only people who like to mask the truth would say that about a family that suffered as much as my family has and only people that have never tasted a foreclosure one day in their life. What I am looking for follows: - hard workers
- trustworthy
- not a member of any other homeowner advocate group in Texas
- A Christian who believe that with God all things are possible
- dedicated
- will respond quickly to a request from me to mail, email, fax, visit or call legislators
- will participate in group projects doing your share to make it successful - much like politicians put together
- loyal- will not divulge the strategy of this group to any other homeowner advocate group
- must not be a member of the Community Association Institute group (if you don't know what that is, you are clearly not a member)
- willing to donate some time to helping make suggested projects successful
- willing to bring in new people to join our group
- basically good people that are honest and truly, truly mad with their homeowner association, attorney, management company, and want to stop these foreclosures and HOA abuse.
- willing to listen to what I bring to the table and at least give it a try and support the efforts of the group as a total package
- willing to work with this group and not trying to learn and run
I have been an activist/advocate since 1990 and I think it is about time to stop the foreclosures and make HOAs voluntary instead of mandatory, if they are to exist at all as well as introduce oversight. This can be done and will be done but I need a team. I need National HAGs (The National Homeowners Advocate Group, LLC) willing to give this some of their time, energy and a little money by way of postage stamps, gas, phone calls and paper stock. This is what I am looking for and I will not settle for less. I am no longer going to tolerate moles, spies, backbiters, parasites, disrespectful people, devils, backstabbers and malicious people in this group. This group will not progress and be blessed with the likes of this kind of advocate. So if you cannot fit this bill, don't join. If you have already joined, please leave. This is not a chat room, or email group to email back and forth from the comforts of your home and not help with some of these projects. What is the purpose of being part of a group if you are not going to help make changes? Our resources are limited and we must have excellent support in this movement if we are to get this done. We are the only homeowner advocate group that does not support ANY homeowner association foreclosure. My family and I have personally been foreclosed on; therefore, I would never support these unconstitutional foreclosures in any shape or form and we don't have to make concessions to get our bills passed. This is a tough state but so are we. I might add this is the only state where a group of advocates (my group--The Texas Homeowners Advocate Group) were able to communicate to a legislator the need to get an answer to this very important question because why fight something that cannot be changed but now we know thanks to my group and I that we can win if we fight for our rights and continue to do so no matter who is trying to get in our way. So, I am inviting you to come join me and let's put together a real group of people led by God to get this job done at last before it is too late for all of us. Harvella Jones harvellajones@yahoo.com (c) Copywrited material - this cannot be reproduce by anyone and permission is not given to anyone to reproduce it. 2007
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