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Mortgage company damaged property but won't foreclose

Discussion in 'Foreclosure, Repossession, Auctions, Short Sales' started by DespondentArmyWife, Oct 4, 2016.

  1. DespondentArmyWife

    DespondentArmyWife Law Topic Starter Guest

    Jurisdiction:
    Pennsylvania
    I'll attempt to keep this brief, bear with me:

    My husband is military, gets restationed, we move, buy a second home and are in a lease to own agreement. 2012 timeframe. we maintain mortgage on second property

    Lease to own guy abandons place with no warning. We attempt to cover both mortgages. Cant, give priority to the house we currently live in.

    We continue to maintain the second property, checking on it every week, it's locked up, kept heated, also have neighbors keeping an eye on the place. We attempt to sell home to no avail.

    In 2013 they come in and winterize the property and change the locks... we receive no notice, we find out when our keys don't work. We call to get the locks removed. Everything left in the house of value has been stolen, including an electric fireplace, furniture, and other trinkets... file theft report with the city police. Our realtor can't show house because he can't get in.

    We regain control of the house tell the housing department {again} that we are maintaining the property and to please not send anyone out.

    They begin foreclosure process {which we're fine with}

    Husband gets deployed 3 weeks before the auction at beginning of 2014, and they decide not to foreclose despite us saying it was fine and we'd sign whatever they needed. Because husband is deployed... a year of deployment goes by.

    During this time we still have house on market hoping to short sale. AGAIN mortgage company sends company to winterize, this time they don't do it properly... all the radiators burst, ruining all original hardwood floors and carpets, all copper piping and guts of the house worth value are stolen... Note we never have a problem with vandalism or theft until these guys take over the property. Once again we can't get in, it takes two months to get the passcode locks to get a key because they "don't have it on file"

    This is the 3rd time we filed hardship letters, filled out deed in leu and sent in pay stubs and all documentation to get the ball rolling... at this point the house is worth nothing... there is no way we can sell the place, and we've been getting bills from the township because it is derelict and abandoned now.

    Bank has ceased calling and correspondence, every time I call I'm transferred from department to department, kept on hold for 45-50 mins then "accidentally disconnected"

    I don't know what to do! They've made it impossible for us to sell the property, they won't foreclose, we can't turn off services for water and trash pick up because of city ordinances despite it having no water to the house and no trash put out for half a decade now. They tell us they will not foreclose because my husband is active military... we don't know what to do?
     
  2. army judge

    army judge Super Moderator

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    Your husband should have talked with JAG months ago.

    If he had, he might have had several options.
    .
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    Servicemembers Civil Relief Act
    .
    .

    The major one would be related to the NEGATIVE action taken during his deployment.

    That was protected under federal law, SCRA:
    .
    .
    https://www.justice.gov/sites/default/files/crt/legacy/2011/03/23/scratext.pdf
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    https://www.justice.gov/crt-military/file/797396/download
    .
    .
    However, something might still be able to help your family.
    There are financial penalties for what was done, sustaining what is STILL being done.

    You could also see 2 or 3 civilian lawyers.

    I'm sure you can find a couple in your area.

    Sadly, you should have tried to save the 1st home.

    The 2nd home may not have been worth the effort.

    Anyway, you might still have a couple arrows in the quiver, get busy investigating.

    As a 30 year retired Army JAG, I understand all that military life requires, so thank hubby for his service.
     
    Disabled Vet and LegallyBrunette like this.
  3. LegallyBrunette

    LegallyBrunette New Member

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    Thanks for the reply army judge, I think I might have confused you with the lingo...

    We bought the first house (which is the one we had all the problems with, and are not/have not been living in for almost 9 years now)

    We bought the second house which is our primary home in 09 and have lived here since... this is kept up to date, and we have no problems... it's just the first house {which the bank calls our "second home" as it is not our primary residence} We are perfectly happy in our second house, and plan to stay indefinitely till we're old and wrinkly, so at this point we aren't even as worried about our credit hit {which has stayed remarkably high despite the financial burden of this other building.}

    At this point I guess you're confirming that the only way to move forward is to hire an attorney?
    Thanks for your time and expertise <3
     
  4. army judge

    army judge Super Moderator

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    There are several more options.
    First, see those lawyers.
    Do that, and more fruit could fall from shaking the trees.
    Step by step, inch by inch, eventually you'll accumulate miles!
     

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