Carrollwood Homes Group Sells House For Unpaid Fees - $ 390
Article Courtesy of TBO.com NEWS

 
By ELIZABETH LEE BROWN 
Published: Feb 13, 2003

TAMPA - For 15 years, Jeff Norberg paid his homeowners association dues each January without fail. 

Unfortunately, the 45-year- old retired Publix manager says he forgot about his $390 annual bill in 2002. 

The mistake cost him his 2,000-square- foot house on Clarendon Drive in Carrollwood Village in northwest Hillsborough County. 

In less than a year, the homeowners association placed a lien on the $150,000 house, foreclosed on it and then auctioned it off for $36,000 to collect dues and fees totaling $2,200. The remainder of the money will go to Norberg. 

Though Norberg considers the foreclosure overly aggressive, real estate lawyers say such disputes are common in the Tampa Bay area. Homeowners groups use liens and foreclosures to keep property values high and maintain neighborhoods. 

In Norberg's neighborhood, the Carrollwood Village Phase 2 association has foreclosed on four properties, including his, since 2000 for not paying fees. 

What both sides say is unusual about Norberg's case is that he claimed to know nothing about the foreclosure. 

A Rough Year 

Norberg says he simply forgot to make the payment. 

He had a tumultuous 2001. Marriage, moving, caring for an ill father and having a screened in-ground pool installed all played a role, he said. 

Hillsborough court records show Norberg also had money woes. In 1999 and 2000, he defaulted on more than $14,000 in credit card bills. He has repaid the money. But according to records, he still owes nearly $20,000 in other credit card debt. 

But Norberg said the problem is that the Carrollwood Village Phase 2 Homeowners Association never said anything about the missed dues. No past-due letters, no phone calls, he said. 

The first word came Dec. 20, he said, from the Hillsborough County clerk of courts office, 11 months after the homeowners bill was due. The letter states that Casper and Friends Inc. bought the property at a public auction three days ago. 

``We didn't even know anything about this until it was sold,'' Norberg said. ``We would have taken care of it, with as much money as we've put into it.'' 

Norberg said he was lucky to get one letter. It was delivered somewhere else, he said, and a young neighbor dropped it by. 

``If we lose the house, we'll just lose everything we have,'' said Norberg, who paid $92,500 for the house in 1988. 

By The Book 

The homeowners association tells a different story. It says the Norbergs knew their homeowners dues were overdue as early as April. 

At a Jan. 28 court hearing to stop the foreclosure sale, the association's lawyer, Joel Weaver, provided paperwork detailing a year's worth of letters and notices to the Norbergs that went unanswered. 

Weaver said the case is ``highly unusual'' because the homeowners claim they never received notification of the foreclosure. 

In the Norberg case, Hillsborough Judge Charlotte Anderson ruled the association gave proper notice and ordered the Norbergs and Casper to work out a compromise through mediation. 

Weaver said the association's evidence included a certified letter dated March 29 and signed by Jeff Norberg. In that letter, the homeowners association stated that dues were delinquent and it intended to refer his account to the association's lawyers for collection. 

In addition, Weaver said, a process server gave Norberg a summons notifying him of the foreclosure, and seven different court documents and notices were sent through regular mail. 

Norberg denies the certified letter bore his signature and that he received any foreclosure papers. He contends the mail never made it to his door. 

``It's very unlikely that over the course of months that Mr. and Mrs. Norberg did not receive any mail at all,'' Weaver said. ``It's hard to imagine.'' 

The Norbergs now are dealing with real estate broker Gary Casper, who bought the house at auction. 

The Right Thing

Casper figures he can resell the house for $170,000. Since the Norbergs have about $90,000 in equity in the house, Casper said he's willing to cut his profit and sell the house back to them for $125,000. 

"I'm trying to do the right thing. The right thing is basically how much I'm willing to give up,'' he said. "I don't want to steal this guy's house. I'm walking away from a lot of money. I'm not a rich guy or anything.'' 

The Norbergs have 30 days to decide whether they will appeal the judge's decision. 

The appeal would go before a panel of three judges, said Randall Reder, the Norbergs' lawyer. "The case is unusual in that it went as far as it did,'' he said. 

Kathy Norberg says they want to save their house. 

"The bottom line is that they don't have to take our house away from us for $390,'' she said. 


 
Unpaid bill mushrooms into lost home
It was a $390 debt, but because it was not paid, a $170,000 home is auctioned
off for $36,000 and the former owner's still on the hook for the mortgage. 
By TIM GRANT
Article Courtesy of the St. Petersburg Times
Published March 2, 2003 

CARROLLWOOD -- Jeff Norberg says it all started when he forgot to pay a bill. A relative was sick. He had just installed a swimming pool. 

That oversight will cost him plenty. His family stands to lose their home in Carrollwood Village, and it all began with a $390 debt to the Carrollwood Village Phase II Homeowner Association. 

He says he never received the late notices, nor any legal papers mailed to his address. Norberg even denies that a signature on a certified letter belongs to him, or that he talked to a court server who delivered one summons to his front door. 

"I did not receive anything until after my house was sold," said Norberg, 45. 

Court records show the homeowner association mailed Norberg a bill in November 2001. After two late notices, the association began foreclosure action on Norberg in May 2002. 

Eventually, the homeowner group foreclosed on Norberg's house at 14723 Clarendon Drive. Following at least eight court notices, his $170,000 home was auctioned on the courthouse steps for $36,000 on Dec. 17, 2002. 

Real estate investor Gary Casper now owns Norberg's home. The homeowner association received $2,200 of the $36,000 Casper paid and Norberg will receive the rest. 

Although the sale is final, Norberg will have a chance to negotiate with Casper and, he hopes, regain ownership. The two men are scheduled to attend a court-ordered mediation Wednesday. 

"It's very unusual that the court would order parties to mediation after the case has been closed," said Norberg's attorney, Clay Holtsinger. "The court will give them a chance to settle the case without an appeal. Appeals are expensive and the court is trying to help them avoid that." 

Norberg, his wife Kathy and a 15-year-old son are still in the house. He said the financial pressure will force them to close a shop he and his wife own in the Cascades Shopping Center called Home Lace and Ladies Accessories. 

If the mediation is unsuccessful, the court will grant Casper a certificate of title and a sheriff's deputy will force the Norbergs out of the Carrollwood Village house. 

"Everything we have is in our house and that will be gone," Norberg said. "I'm expecting (Casper) to do the right thing. Save a family from losing their home." 

Norberg says he owes $88,000 on the home, which he estimates is worth $170,000. 

In addition to the $36,000 he paid at the auction, Casper is still liable for the unpaid mortgage and any liens that might be on the house. 

Casper, owner of Casper and Friends in Odessa, said that after several conversations, he and Norberg have been unable to reach a settlement so far. 

"What bothers me the most is when he came to my office and we tried to negotiate it's clear he still doesn't realize his position," Casper said. "He still wants the house back for $390 and it's too late for that."