Guardsmen feel effects of foreclosure

By Sgt. Will Hill
Indiana National Guard

(2/26/10) -- Tenants throughout Indiana are raking leaves, mowing grass, paying rent and getting evicted.They are discovering being responsible isn't enough to avoid eviction due to foreclosure.

A projected 8.1 million properties across the nation will be foreclosed on, according to the Mortgage Bankers Association's National Delinquency Survey taken in 2008. And the effects can be felt here.

Foreclosure can cause anxiety and stress on renters who have no control over property owners allowing their property to go into foreclosure, and the effects can leave good tenants homeless. Fortunately, there are laws that help Soldiers and civilians from losing their residence.

Tarah Jackson of the Camp Atterbury public affairs office has first-hand experience. She was home alone when she heard a pounding at her door. As she peeped through the blinds, she saw a deputy sheriff standing at her step.

Her first thoughts were the safety of her husband, who is a Soldier with the 310th Expeditionary Sustainment Command in Indianapolis.

The deputy sheriff served her a summons, leaving her confused. "I was handed a summons, because the landlord let the house go into foreclosure," said Jackson. "My husband and I were blindsided and thought this had to be some kind of mistake because we have never missed a payment."

After several unsuccessful attempts to contact the property owner, they retained a lawyer who filed documents with the court, allowing them to finish out the remainder of their lease.

"The worst part of all this is the uncertainty," Jackson said. "Hopefully we will be able to finish our lease, which is up in October."

Prior to 2009, most tenants had to be out of their houses before the auction or sale of the property but on May 28 of last year, the Protecting Tenants at Foreclosure Act passed legislation allowing tenants more time before being evicted from a foreclosed home.

Capt. Daniel Bagley, a Judge Advocate General legal assistant for Camp Atterbury, said under the Protecting Tenants at Foreclosure Act, tenants now have a set minimum of 90 days before eviction.

"There is a general rule that the lease has to be honored by the [landlord], unless they turn around and sell the house to somebody who is going to occupy as a primary resident in which case the tenant gets the 90 days before being evicted," said Bagley. In other words, the tenant remains in the property for the reminder of the lease, until the property is sold. If the property is bought before the end of the lease, and the new buyer wishes to live in the home instead of renting it out, the tenant has 90 days before eviction.

"Soldiers confronted with an eviction notice should contact JAG as soon as possible," said Bagley, "because we can make sure documentation gets appropriately filed with the court."

Chief Justice Randall T. Shepard of the Indiana Supreme Court offered words of encouragement to people suffering the effects of foreclosure during his speech at the 2009 State of Indiana Judiciary Address.

"Foreclosures in our state have risen 50 percent in five years," he said. "I promise you this: by the 2009 summer, Indiana will have trained more judges, pro-bono lawyers and mediators to help people facing foreclosure than any other court system in America."

Jackson said that she and her husband have been discouraged by the idea of renting a house from private homeowners.

"Try to rent through a business or a bank, but not a [private homeowner] because the [landlord] might not have your best interests at heart," Jackson said. "You might find yourself out on the street with just your boots and belongings."

Maj. Douglas Downs, housing officer for Directorate of Public Works at Camp Atterbury, said if a Soldier is put on the street, the housing office can provide living quarters for single Soldiers for up to 30 days.

"If a single Soldier lost their home and went through their chain-of-command, the housing office could provide a place to stay," said Downs. "We do not get a lot of these kinds of requests but when we do I think we have never turned a Soldier down," he said.

As Soldiers and civilians suffer from an epidemic of foreclosures, be assured there are laws in place to help the American people stay in their homes.

Before a Soldier decides to rent a house, research the homeowner and have the JAG office review the lease. Soldiers and civilians of Camp Atterbury have options, tools and support at their disposal to protect themselves in the event of foreclosure.

For additional information about foreclosures or evictions call the U.S.

Department of Housing and Urban Development housing help line at 1-800-569-4287.