Saturday, January 29, 2011

reservist-in-war-against-foreclosure: Personal Finance News from Yahoo! Finance

reservist-in-war-against-foreclosure: Personal Finance News from Yahoo! Finance: "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.

Believing he was protected by the civil relief act -- as, indeed, he was, as of Sept. 11, 2004 -- his family repeatedly informed Saxon that Sergeant Hurley had been sent to Iraq. But Saxon refused to grant relief without copies of his individual military orders, which he did not yet have.

Although Saxon's demand would have been legitimate if Sergeant Hurley had been seeking a lower interest rate, the law did not require him to provide those orders to invoke his foreclosure protections.

Nevertheless, Saxon referred the case to its law firm, Orlans Associates in Troy, Mich., which completed the foreclosure without the court hearing required by law. The law firm filed an affidavit with the local sheriff saying there was no evidence Sergeant Hurley was on military duty. At a sheriff's sale in October 2004, the bank bought the property for $70,000, less than the $100,000 the sergeant owed on the mortgage."

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