Archive for October 5th, 2013

How Banks Welcome Home Our Servicemen

Here’s an email I received from a prospective client last night, which I’m re-posting here with that person’s consent (editing slightly to preserve confidentiality).  No need to elaborate, really – just read it.
(Sadly, this is the type of stuff I see every day.)
Dear Mr. Stopa,
I just came home from Active Duty 3 months ago.  Here are the events – minus administrative details – according to the docket:
1. Chase Bank filed Lis Pendens in 2008
2. Chase Bank received Final Judgment of Foreclosure in 2010 (I was away on Active Duty and not present during any of the process since 3/2009)
3.  Chase Bank CANCELLED the scheduled sale shortly before the sale date
4.  Chase Bank Voluntarily Dismissed the Foreclosure / Dissolved Lis Pendens and Vacated Final Judgment 2012 (again – I was never notified / serviced on any of this – but evidently I still own the house??) – there has been absolutely NO further action on the docket for this house by Chase since 2012.
5.  I came home to a house that has been abandoned, ruined, stripped of everything including wiring and all personal items, and has a $30k code enforcement lien on it (welcome home).  I filed a detailed police report with photos, etc.
6.  Chase Bank filed an affidavit of Non-Military while I was on active duty overseas.
My questions are:
1.  The house is insured – can I file a claim?
2.  Is the house still mine?  I haven’t had possession in over 5 years??
3.  Can I prevent further foreclosure proceedings?
4.  Wasn’t the first final foreclosure a violation of the SSCRA? After they foreclosed, then abandoned the property, it has been absolutely destroyed and is uninhabitable.  What type of recourse do I have, if any?
I have more questions….but it this seems like a good place to start.
Thank you for your time.
Mark Stopa

Posted in Main | 1 Comment »