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Seasoned Vet
 
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Jupiter homeowner faces foreclosure for flying U.S. flag
By Peter Franceschina
Staff Writer
Posted September 11 2003
Defiant flag flier George Andres once again is facing the prospect of losing his Jupiter home after a Palm Beach County judge ruled Wednesday that his homeowners association could go forward with a foreclosure sale next month to collect legal fees.
Andres, a Marine veteran, said he was worried about losing his home, but he vowed to appeal the latest ruling in a legal saga that has spanned more than two years.
"We are going to fight," Andres said.
It is the second time in recent months that Andres' home has moved toward the auction block. He was granted a reprieve in May when Circuit Judge Edward Fine agreed to reconsider his order authorizing the foreclosure.
The Florida Attorney General's Office stepped in and argued that Andres' home was constitutionally protected under the state's homestead law from foreclosure by a homeowners association attempting to collect a legal debt.
Andres' homeowners association prohibits flagpoles, and Andres has a 12-foot flagpole in his front yard. Another judge ruled that Andres didn't have a right to put up the flagpole, and the association filed a lien on the property to collect roughly $21,000 in attorneys' fees and legal costs expended in winning the case.
Fine rejected the argument from the Attorney General's Office and issued a ruling Wednesday that found the association's right to file a lien against the property was established in 1982, when its covenants and bylaws were recorded in land records, six years before Andres purchased his home.
West Palm Beach attorney Steven Selz, who represents the homeowners association, said the ruling makes sense.
"There has to be a way to give the association a right to enforce its claims on the property," he said.
Boca Raton attorney Barry Silver, who represents Andres, said he would file an appeal. Mediation has failed, while the attorneys' fees continue to pile up for both sides.
"They find George to be very intransigent because he has the right to fly the flag, and they think he is stubborn because he fights for that right," Silver said.
Selz said he hopes Andres decides to reach a settlement rather than face losing his home, which is scheduled to be auctioned on Oct. 9.
Andres said previous settlement offers required more of a compromise than he was willing to make.
"They said remove the flag and the flagpole, and that is not a compromise," Andres said. " I'm 66, and I don't have much left anyhow. We have to go ahead and fight."
Peter Franceschina can be reached at pfranceschina@sun-sentinel.com or 561-832-2894.
Evil Unchecked Grows, and Evil Tolerated Poisens The Entire System. Jahwal Nehru ------------------------------------------------------------- In the beginning of a change the patriot is a scarce man, and brave, and hated and scorned. When his cause succeeds, the timid join him, for then it costs nothing to be a patriot.
Mark Twain.
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Ei Temporis Vita Semper Resumo Sese
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HOOAH!!! to Mr. Andres for standing up to these jackasses. Does he have a legal fund we could contribute to?
"The degenerative and loony should never be denigrated but, rather, thanked. In their absence, the rest of you would be obliged to fill congressional seats... positions naturally unsavory to the sane and honorable." Thorax
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Anti-social
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These stupid home-owner associations always irritate me. We moved into an older neighborhood just to avoid having to be part of one. Small-minded petty tyrants telling people what they can and cannot have on their own damn property! Its downright un-American if you ask me...
1/508th Abn Inf, 82nd Abn Div 81-83 1/4th Inf (Mech), 3rd Inf Div (USAEUR) 83-84 SGT\EIB\Recondo "Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong remedies." - Groucho Marx
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Hard Charger
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One' would think his constitutional Rights ;
would take presidence .
What is so wrong with these associations that'
want to take a vetrans home from him; for expressing his patriotism ; "Especially" these day's ! That rule should be illegal' in the first place IMO!
Come to think of it' Associations should be Out'Lawed all together!
WEIRPPRAIRIEBOUNCER
"All The Way!"
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Stare Master
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We've had this discussion before so I think I'll just pass this time around.
Only two defining forces have ever offered to die for you, Jesus Christ and the American GI. One died for your soul, the other for your freedom.
"History teaches that when you become indifferent and lose the will to fight someone who has the will to fight will take over." COLONEL BULL SIMONS
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Hard Charger
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Pass' Excepted !
WEIRPPRAIRIEBOUNCER
"All The Way!"
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Seasoned Vet
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My bad. I did'nt even bother doing a search before I posted it.
Evil Unchecked Grows, and Evil Tolerated Poisens The Entire System. Jahwal Nehru ------------------------------------------------------------- In the beginning of a change the patriot is a scarce man, and brave, and hated and scorned. When his cause succeeds, the timid join him, for then it costs nothing to be a patriot.
Mark Twain.
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Stare Master
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The article is new, and the previous topic was about when the Association first tried to get him take down the flag. So this was alright for a new topic, it's just that the last time around we argued the issue to death about him being able to fly the flag and right now I'm just not up for that type debate.
Only two defining forces have ever offered to die for you, Jesus Christ and the American GI. One died for your soul, the other for your freedom.
"History teaches that when you become indifferent and lose the will to fight s | | | |