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Bank violates SCRA, family left homeless.

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  • #1

    Bank violates SCRA, family left homeless.

    This situation is disgusting. The bank(s) screwed up, they know they did, partially admit they did and yet they're still trying to screw this guy, even after they stole his dream home.
    http://finance.yahoo.com/loans/article/111958/reservist-in-war-against-foreclosure?mod=loans-home


    Beginning of story, just to give you an idea...


    While Sgt. James B. Hurley was away at war, he lost a heartbreaking battle at home.
    In violation of a law intended to protect active military personnel from creditors, agents of Deutsche Bank foreclosed on his small Michigan house, forcing Sergeant Hurley's wife, Brandie, and her two young children to move out and find shelter elsewhere.
    "It is in truth not for glory, nor riches, nor honours that we are fighting, but for freedom - for that alone, which no honest man gives up but with life itself."
    Tags: None
  • #2
    I can't find anywhere in the article where it says he was paying the mortgage?
    Originally posted by racrguy
    What's your beef with NPR, because their listeners are typically more informed than others?
    Originally posted by racrguy
    Voting is a constitutional right, overthrowing the government isn't.

    Comment

    • #3
      It was about 2/3 of the way through the article.
      I guess it was assumed that he had been paying it up until the summer of 2004.
      Even still, to go from late payments in the summer to sold at auction in October of the same year is pretty damn fast.

      "According to his lawyers, his financial troubles began in the summer of 2004, when his National Guard unit sent him to California to be trained to work as a power-generator mechanic in Iraq. Veterans of that duty advised him to buy certain tools not readily available in the war zone, he said in his affidavit. With that expense and his reduced income, he said, he fell behind on his mortgage -- a difficulty many part-time soldiers faced when reserve and National Guard units were mobilized."
      "It is in truth not for glory, nor riches, nor honours that we are fighting, but for freedom - for that alone, which no honest man gives up but with life itself."

      Comment

      • #4
        Originally posted by helosailor View Post
        Even still, to go from late payments in the summer to sold at auction in October of the same year is pretty damn fast.
        If he was more than three months behind (which he would need to be for foreclosure) then that would be about the normal timeline based on how foreclosures were running seven years ago.

        Comment

        • #5
          Originally posted by Broncojohnny View Post
          I can't find anywhere in the article where it says he was paying the mortgage?
          In this case it is irrelevant. It is against the law to foreclose on the property of a serviceman that is engaged in a combat theater.

          Comment

          • #6
            Originally posted by Sgt Beavis View Post
            In this case it is irrelevant. It is against the law to foreclose on the property of a serviceman that is engaged in a combat theater.
            It isn't irrelevant to me. And I know it is against the law. If the guy had a history of not paying before he was shipped off then he got what he deserved and is now using the law as a cover.
            Originally posted by racrguy
            What's your beef with NPR, because their listeners are typically more informed than others?
            Originally posted by racrguy
            Voting is a constitutional right, overthrowing the government isn't.

            Comment

            • #7
              Soildiers and sailors act. makes it illegal to begin FC audits and process on accounts that have borrower on leave for active duty ( in or out of country). The Gov. also supplements some of the payment to assist.
              Ded

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              • #8
                whew, thought this was going to be another bofa mortgage thread.

                Comment

                • #9
                  Just a hypothetical timeline based on dates in the article and foreclosure law.
                  July - 30 Day late - Not Eligible for Relief Act
                  August - 60 Day late - Not Eligible for Relief Act
                  September - 90 Day late -Foreclosure intiated/Sale scheduled - Eligible for Relief Act on 9/11.

                  If this guy had not been deployed until October then this would all be a moot point. He exploited a loophole in the system.

                  Comment

                  • #10
                    In my exp. that is the case 80-90% of the time.


                    Originally posted by AdamLX View Post
                    He exploited a loophole in the system.
                    Ded

                    Comment

                    • #11
                      I'd slap 'em with some kind of whining, crying lawsuit about all the stress and mental pain and anguish that they put me and my family through. I'd say they owed me at least 10 million. This just because the banks are crooks and they deserve it. If this was some kind of one time deal, then no. Just give him his house back and give him like $10k for his troubles. But they need to learn a few hard lessons. I think that very heavy fines and settlements could help them do that.

                      Comment

                      • #12
                        Originally posted by StanleyTweedle View Post
                        I'd slap 'em with some kind of whining, crying lawsuit about all the stress and mental pain and anguish that they put me and my family through. I'd say they owed me at least 10 million. This just because the banks are crooks and they deserve it. If this was some kind of one time deal, then no. Just give him his house back and give him like $10k for his troubles. But they need to learn a few hard lessons. I think that very heavy fines and settlements could help them do that.

                        Your right! Banks are crooks, but customers are retards, imo.
                        Ded

                        Comment

                        • #13
                          They can't return it, the buyers aren't interested in selling
                          I wear a Fez. Fez-es are cool

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                          • #14
                            He might have a case in settling for the equity he had in the home. That's probably all that he really deserves. I see this kind of stuff daily. As fucked up as I agree it is, some soldiers use the law to their advantage, and pull out a calculator to know exactly when they can stop paying on their mortgage. There are two sides to the story. However in this one, clearly they violated the law. In all actuality his equity is probably his only chance.
                            "When the people find that they can vote themselves money, that will herald the end of the republic." -Benjamin Franklin
                            "A democracy will continue to exist up until the time that voters discover that they can vote themselves generous gifts from the public treasury." -Alexander Fraser Tytler

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                            • #15
                              If he hasn't taken out an equity loan and defaulted on that also.
                              Ded

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