Remove Foreclosure from Credit Report - Active Duty

[iceburg501]

I was foreclosed on one year ago, while I was on active duty (service honorably completed). I dont want to inquire about how to remedy this particular issue.

 

I plan on sending the credit bureau's a letter with a copy of my acitve duty orders stating that the foreclosure violated my SCRA protection. I was hoping this would lead to the foreclosure to be removed from my credit.

 

My question: Would getting an attorney to send this letter have any more weight than if I sent it myself ?

 

Thanks in advance.

[bfit01]

Unless the home was purchased BEFORE you entered active duty you have no protection against foreclosure under SCRA. If you were protected, you should be contacting a lawyer about compensation from the bank.

[Momof5]

Sorry to be very late to this topic, but the PP is incorrect. Even if you purchased your home while on active duty, you have SCRA protections. They CANNOT repo or foreclose on a deployed service member.

 

One company got a repo on my now DH while he was deployed. He called the judge from Iraq. The judge vacated the judgment and dismissed with prejudice the case (lawyer had stated that the defendant was not a member of the military! funny thing....it was his 13th year of continuous service and was in the military when he applied for the car loan!)

[PotO]

Sorry to be very late to this topic, but the PP is incorrect. Even if you purchased your home while on active duty, you have SCRA protections. They CANNOT repo or foreclose on a deployed service member.

 

One company got a repo on my now DH while he was deployed. He called the judge from Iraq. The judge vacated the judgment and dismissed with prejudice the case (lawyer had stated that the defendant was not a member of the military! funny thing....it was his 13th year of continuous service and was in the military when he applied for the car loan!)

Actually, yes, they CAN foreclose and or repo on a deployed service member. It happens all the time and it is not prohibited by the SCRA even if the contract was entered into prior to entering military service.

 

In order for the lender to evict, repo or foreclose, they will need a court order. When the lender files suit, they certify to the court that to the best of their knowledge the debtor is not on active military duty or otherwise afforded status under the SCRA. If the lender certifies that the SCRA is not applicable, the case continues and desired relief likely obtained. If it is later found that the lender lied, the court will have to revisit the issue and likely dismiss the judgement and, often, slap the lender upside the head for lying.

 

If, however, the lender states that the SCRA does apply, the case can still proceed, but only after the servicemember has been given full opportunity to exercise their rights under the SCRA. If they choose not to do so, they can lose. If they choose to do so and the court then decides the case on the merits and the lender prevails, the judge may still order eviction / repo / foreclosure if applicable and giving, if called for by the SCRA, a reasonable (usually 90 days) time period.

 

What seems to have happened in your case is that the lender certified that the debtor was not under protection of the SCRA. This is a fatal flaw in any case. Lenders -- and indeed the general public -- has access to a database which indicates whether a person is covered by the SCRA. The database is not 100% foolproof, but failure to check will generally produce the results you experienced. What could have happened should the lender not have lied is that your husband would have indicated he is on active military duty and the judge would be required to continue the case until your husband was reasonably available to appear in court. Usually that requires a letter from one's CO or JAG / SJA and will indicate when the servicemember can reasonably be expected to be available. It is not, however, a blank check. There is a time limit beyond which the court does not have to wait regardless, but generally the judge will use due discretion.

[Momof5]

Actually, they CANNOT take any legal actions on a deployed soldier.....PERIOD.

[ICANHASMUNY?]

just to head off the argument.

 

http://www.military.com/benefits/military-legal-matters/scra/scra-rental-and-eviction-protection.html?comp=7000023431425&rank=4

 

 

http://www.military.com/benefits/military-legal-matters/scra/scra-judicial-proceedings.html?comp=7000023431425&rank=4

[PotO]

just to head off the argument.

 

http://www.military.com/benefits/military-legal-matters/scra/scra-rental-and-eviction-protection.html?comp=7000023431425&rank=4

 

 

http://www.military.com/benefits/military-legal-matters/scra/scra-judicial-proceedings.html?comp=7000023431425&rank=4

Thank you for posting that.

 

It's surprising how many people think military service insulates them from creditors and / or judicial remedies. While the SCRA does provide important protections, it does not make one immune to legal action. In many cases it only prolongs the inevitable.

[ICANHASMUNY?]

I was foreclosed on one year ago, while I was on active duty (service honorably completed). I dont want to inquire about how to remedy this particular issue.

 

I plan on sending the credit bureau's a letter with a copy of my acitve duty orders stating that the foreclosure violated my SCRA protection. I was hoping this would lead to the foreclosure to be removed from my credit.

 

My question: Would getting an attorney to send this letter have any more weight than if I sent it myself ?

 

Thanks in advance.

 

Whatever dispute you send to the CRA is going to be forwarded onto the lender reporting it. and the may or may not contact you about it

 

you need to remedy this thru the courts to have the foreclosure thrown out if they lied about your duty status or you didn't have a chance to defend yourself.

 

In order for the lender to evict, repo or foreclose, they will need a court order. When the lender files suit, they certify to the court that to the best of their knowledge the debtor is not on active military duty or otherwise afforded status under the SCRA. If the lender certifies that the SCRA is not applicable, the case continues and desired relief likely obtained. If it is later found that the lender lied, the court will have to revisit the issue and likely dismiss the judgment and, often, slap the lender upside the head for lying.

 

If, however, the lender states that the SCRA does apply, the case can still proceed, but only after the servicemember has been given full opportunity to exercise their rights under the SCRA. If they choose not to do so, they can lose. If they choose to do so and the court then decides the case on the merits and the lender prevails, the judge may still order eviction / repo / foreclosure if applicable and giving, if called for by the SCRA, a reasonable (usually 90 days) time period.