Maryland Servicemember Has Home Sold Out From Under While On Duty; Lender Falsely Represented Military Status In Foreclosure Action, Says Suit

In a recent column in The Baltimore Sun on the Maryland foreclosure process in which it is described as being "greased a little too slickly in favor of lenders," an example is given of one Maryland homeowner who, while away serving in the U.S. Army, had his home sold out from under him in a foreclosure sale by the mortgage lender:

• Army Staff Sgt. Kevin Atiase was serving his country at Fort Sam Houston, Texas, when a mortgage company sold his Frederick house in a foreclosure proceeding a year ago. He couldn't attend court and didn't learn a judge approved the sale until it was too late, according to a brief filed with the Maryland Court of Special Appeals.

***

• Because of his military status, Atiase, the Army sergeant, was entitled to a freeze of foreclosure proceedings under the federal Service Members Civil Relief Act, his lawyer argues. The act is to help "those who dropped their affairs to answer their country's call," the Supreme Court has said. But the lender falsely represented that Atiase was not in the military, the suit alleges, and the house had already been sold by the time he found out what was happening.

For more, see Seizing of homes too easy in Md.

Go here for other posts on the Servicemembers Civil Relief Act.