Soldier in Iraq Loses Home Over $800 Debt (Full Version)

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pahunkboy -> Soldier in Iraq Loses Home Over $800 Debt (5/28/2010 8:40:51 AM)

http://motherjones.com/politics/2010/05/soldier-iraq-loses-home-homeowners-association-foreclose

Capt. Michael Clauer's homeowners' association foreclosed on his family's $300,000 house and sold it for $3,500.




Termyn8or -> RE: Soldier in Iraq Loses Home Over $800 Debt (5/28/2010 9:11:13 AM)

Have to go to work but a quickie.

In Utah I heard of someone losing their house over a $43 dentist bill.

T




pahunkboy -> RE: Soldier in Iraq Loses Home Over $800 Debt (5/28/2010 9:41:39 AM)

The guys wife ignored all calls and letters.  But what if he was single?




LaTigresse -> RE: Soldier in Iraq Loses Home Over $800 Debt (5/28/2010 11:39:55 AM)

It is unfortunate that the soldier in question did not choose more wisely in the person to handle his personal affairs while he was gone. It is something that is stressed quite a lot, to make sure EVERYTHING will be taken care of.




ShaharThorne -> RE: Soldier in Iraq Loses Home Over $800 Debt (5/28/2010 12:26:46 PM)

There is a soft sale auction this coming weekend across the road at my baby brother's place. The biggest baby brother wants to buy it so my littlest one can have a place to live and can work on the house that they living in (monypit IMO) The house is on a good lot and I don't know how many acres it is.




pahunkboy -> RE: Soldier in Iraq Loses Home Over $800 Debt (5/28/2010 12:36:07 PM)

Is he single?




ShaharThorne -> RE: Soldier in Iraq Loses Home Over $800 Debt (5/28/2010 12:45:36 PM)

Nah...he has a wife and 3 kids, 4 of you're counting the stepsister to the nephew.

He is a postal worker and loves his job, it just that money is a little tight until the settlement comes in on a labor dispute. (he will pay me back for the funds I loaned him before Xmas).




pahunkboy -> RE: Soldier in Iraq Loses Home Over $800 Debt (5/28/2010 12:47:57 PM)

So then I should cancel my wedding gown?




ShaharThorne -> RE: Soldier in Iraq Loses Home Over $800 Debt (5/28/2010 12:50:25 PM)

Though he is a ragged man, he is not your type.

He is a 2012 believer too...




pahunkboy -> RE: Soldier in Iraq Loses Home Over $800 Debt (5/28/2010 12:52:18 PM)

I am sorry.  I have to wash my hair that day.




ghitaPVH -> RE: Soldier in Iraq Loses Home Over $800 Debt (5/28/2010 12:54:49 PM)

There is this thing called the soldiers ans sailors relief act...dont as me the year...

but it prevents soldiers on active duty overseas from having things forclosed on or repossesed. He could fight this easily. My husbands ex wife never got around to paying the car bill, or any bill matter of fact...he had to do the same thing cause they tried to repo the car while he was in iraq...




ShaharThorne -> RE: Soldier in Iraq Loses Home Over $800 Debt (5/28/2010 12:55:31 PM)

I got the Herbal Essenses shampoo makes your hair feel sexy and carefree...




pahunkboy -> RE: Soldier in Iraq Loses Home Over $800 Debt (5/28/2010 12:56:29 PM)

quote:

ORIGINAL: ShaharThorne

I got the Herbal Essenses shampoo makes your hair feel sexy and carefree...


Will I be about to get a man with it?




HisSub1213 -> RE: Soldier in Iraq Loses Home Over $800 Debt (5/28/2010 4:05:08 PM)

quote:

ORIGINAL: ghitaPVH

There is this thing called the soldiers ans sailors relief act...dont as me the year...

but it prevents soldiers on active duty overseas from having things forclosed on or repossesed. He could fight this easily. My husbands ex wife never got around to paying the car bill, or any bill matter of fact...he had to do the same thing cause they tried to repo the car while he was in iraq...



Absolutely right. Its the Soldiers and Sailors Civil Relief Act, first enacted in 1940, updated in 2003 (and probably since). http://usmilitary.about.com/library/milinfo/sscra/blchap3-4.htm

I have actually been doing some research on this for work (am a Paralegal). The homeowner's association while they may THINK they are above the law are not. I would think the JAG office should be able to sort this out. They are the experts.




laurell3 -> RE: Soldier in Iraq Loses Home Over $800 Debt (5/28/2010 4:31:51 PM)

Correct according to the story, in the affidavit for alternate service they did not check his acutal service status (which is incredibly easy in the age of the internet):

The homeowners' association's lawyer filed an affidavit wrongly claiming that neither of the Clauers was on active duty, says Barbara Hale, the couple's lawyer. Hale is seeking to have the court reverse the foreclosure and declare it "null and void," she says.

He can actually move to have any service on him when he was on active duty set aside as the court lacks jurisdiction. UNLESS he accepted service or was served prior.




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