Active Duty Sailor Says Improper Notice Of Lawsuit While Stationed Overseas Leads To Loss Of Home To Foreclosure Over $750 In Unpaid HOA Fees

In Jacksonville, Florida, First Coast News reports:

• The home Mark Bryant purchased in 2006 is modest but he loves it. "I worked real hard for my house," he said. While stationed at Mayport, the gunner's mate purchased the house in the Creekside subdivision with hopes of returning to Jacksonville when he retires.
  
  "Now it is being taken away from me due to a wrongful foreclosure," he said.
  
  Bryant is still active duty in the Navy, stationed in Virginia. He lost his home because of $750 in unpaid homeowners association fees. "It has been stressful," said Bryant.
  
  How did this happen?
  
  His documents show he was stationed in Bahrain during the two years the fees went unpaid -- 2012-2014. Bryant said he was never notified. Court records show an unnamed woman was served in Virginia at a previous address. Bryant said the unnamed woman in the record is not his ex-wife.
  
  "When I got back from deployment October 2014," said Bryant, "there was an eviction notice on the property, and that is the first time me actually knowing."
  
  The HOA fees went from $750, but when you add interests, late fees, court costs, attorneys fees, it jumped to $4,734.03. The property was foreclosed and sold for $10,300.
  
  In July, unable to pay an attorney, Bryant filed his own motion to vacate the foreclosure. It was denied
  
  Attorney Preston Oughton has been reviewing the court case. He found a military affidavit was filed, which should explain where Bryant was stationed, but couldn't view the contents.
  
  He said Bryant's defense might come down to the notice and whether or not he was properly served
  
  "If he was not properly served, that would be excusable neglect," said Oughton.
  
  Bryant said his service time overseas and the improper notice are why he's fighting to get this foreclosure vacated.(1) But he needs legal help to win his case.

Source: Active duty sailor loses home to unpaid HOA fees.

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(1) It may be worth evaluating whether the foreclosing homeowners' association may have gotten tripped up by the Servicemember's Civil Relief Act, which provides a wide range of protections for individuals entering, called to active duty in the military, or deployed servicemembers. It is intended to postpone or suspend certain civil obligations to enable service members to devote full attention to duty and relieve stress on the family members of those deployed servicemembers. A few examples of such obligations are:

1. Outstanding credit card debt
2. Mortgage payments
3. Pending trials
4. Taxes
5. Terminations of lease.