Soldier's home foreclosed while she was serving abroad
"I couldn't believe it," Capt. Tania Garcia said. "I was in shock."
By Jeff Weiner and Gary Taylor, Orlando Sentinel
10:47 p.m. EDT, September 3, 2010
Army Capt. Tania Garcia said she was on active duty in South Korea when she got the news.
Garcia's Realtor informed her that her south Orange condominium had been foreclosed upon. Suddenly, a soldier serving abroad had no home to return to.
"I couldn't believe it," Garcia said. "I was in shock."
More shocking news was ahead. Court files from the foreclosure showed an affidavit had been filed that stated Garcia was not in the active military and that the notice of foreclosure was served on her husband.
Two problems: Garcia said this week she was on active duty — and she is not married. Now, Garcia is fighting to win back the home she thinks was taken from her unfairly.
Garcia fell victim to a foreclosure process in which the most important element is the time it takes from start to finish, said Jeff Kaufman, senior partner with KEL Attorneys.
Garcia's condo initially was bought back by Flagstar Bank and then resold, Kaufman said. But because of errors in serving notice in the case, his law firm was able to persuade a judge to throw out the sale, he said.
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Soldier home foreclosed while she was serving abroad
There is a law to prevent this. NPR did as story when a soldier's home from Tx. was foreclosed while he was overseas. The company that forclosed was owner by a Tx. State Senator. Mortgage companies and HOA's need to be forwarned about this.
ReplyDeletehttp://www.cjr.org/the_audit/npr_hoas_and_nonjudicial_forec.php
Hope they contact their elected officals.
Thank you for the information. I remember the HOA story and even though the soldier got his home back, it is something that shouldn't happen in the first place. Thanks again for reminding people about what else our troops have to worry about.
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