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So California is going segregated now??


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#21 jnkranch

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Posted 16 July 2018 - 05:14 AM

When I bought my house some of the ancient docs associated with it said something to that effect. Actually not that bad, only that the property ownership couldn't ever be transferred to darkies. I think the language dated back to the 1950s? Subdivision was created in 1970 or so.
 
What's so fucking hard about removing the language instead of looking the other way and not thinking about the bad taste in your mouth? Cost? A junior associate at a law firm could knock that out in an hour. "Section 23 (a) is hereby stricken, null and void. Sorry about those old fucks."

It is incredibly hard to modify deed restricting documents. First off, a majority (as defined in the docs) of the homeowners need to agree to a change. And secondly, as if the first is not hard enough, you must get the approval of all lien holders (banks and mortgage holders) as their interests were predicated on a particular set of deed restrictions that are now changing.

Hypothetically speaking, it should be easy, because regardless of the realities of white flight and the adverse effect on property values, we as a society have moved past racial discriminations and are willing (forced) to accept whomever as a neighbor regardless of consequences. In reality, try finding the actual lien holder on a property (mortgages get sold, assigned, and pledged as security to other financial instruments) and if you finally do find the actual lien holder, try to get someone in that organization to sign off on a change of underlying interest on the security pledged as collateral.

Been there, would like to say ‘done that’ but in reality we failed miserably.

#22 Yard Sale

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Posted 16 July 2018 - 02:23 PM

OK, I'll try and do something if and when I pay my house off and there are no lienholders.


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#23 Buck Turgidson

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Posted 16 July 2018 - 03:19 PM

It is incredibly hard to modify deed restricting documents. First off, a majority (as defined in the docs) of the homeowners need to agree to a change. And secondly, as if the first is not hard enough, you must get the approval of all lien holders (banks and mortgage holders) as their interests were predicated on a particular set of deed restrictions that are now changing.

Hypothetically speaking, it should be easy, because regardless of the realities of white flight and the adverse effect on property values, we as a society have moved past racial discriminations and are willing (forced) to accept whomever as a neighbor regardless of consequences. In reality, try finding the actual lien holder on a property (mortgages get sold, assigned, and pledged as security to other financial instruments) and if you finally do find the actual lien holder, try to get someone in that organization to sign off on a change of underlying interest on the security pledged as collateral.

Been there, would like to say ‘done that’ but in reality we failed miserably.

 

Everything you say is true about deed restrictions that don't violate the law.

 

I seriously doubt a competent court would give two shits about every possible remote lien holder being consulted over, even less agreeing to the change before issuing an injunction and possibly other more permanent remedies

 

IANAL


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#24 GuanoLoco

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Posted 16 July 2018 - 04:27 PM

Maybe we could fing an prohibited peerson and make a side business suing HOA’s/Lienholders to resolve in a timely manner - which they will be unlikely to be able to do.

Passive income.
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#25 Buck Turgidson

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Posted 16 July 2018 - 04:44 PM

Maybe we could fing an prohibited peerson and make a side business suing HOA’s/Lienholders to resolve in a timely manner - which they will be unlikely to be able to do.

Passive income.

 

I can pose as a spic.  Would that work?


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#26 Just Some Random Hoser

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Posted 16 July 2018 - 06:34 PM

Maybe we could fing an prohibited peerson and make a side business suing HOA’s/Lienholders to resolve in a timely manner - which they will be unlikely to be able to do.

Passive income.

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#27 jnkranch

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Posted 17 July 2018 - 04:18 AM

Maybe we could fing an prohibited peerson and make a side business suing HOA’s/Lienholders to resolve in a timely manner - which they will be unlikely to be able to do.

Passive income.

Ex post facto most likely would negate passive income.




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