Reply #17: Reply from a VietNam Era JAG Corps Veteran [View All]

[Yosie]

As a retired lawyer and as a Judge Advocate Generals Corps veteran from an earlier conflict---

1. "The debtor must request protection from the creditor under the act. If the debtor doesn't know to do so, in writing, then they do not have any protection under the act. ... So a family must apply for relief on all accounts and reduce their monthly outgo on car and credit cards and apply that savings toward the mortgage that might not be reduced.

Good and correct points. Unfortunately, the DOD has quit calling on retired JAG Corps (Regular and Reserve and Guard) to help service members -- and it appears that the Reserve Centers will not do referrals.

I have attempted to register to do pro bono - no fee - free - legal aid. And the Reserve Centers have said that they will get back to me -- never do.

During Desert Storm - I did a lot of this work -- even walked through CHAMPUS-TRI CARE paper work with local health care providers.

2. In some states, before foreclosure sale - the foreclosing lender MUST make reasonable inquiry as to whether or not the home owner is on active duty and is entitled to protection under the Act, and must file an affidavit that "Reasonable Inquiry" has been made - and that the owner is not in military service -- and is not under the Act.

Failure to do so means that the lender can not sell a "Marketable Title" (or "Title Insurance Insurable Title" in some states), and has conveyed less then a "Fee Simple Absolute." This is Caveat Emptor, but is also a breach of the Lender's various contractual duties to the new buyer and to the foreclosed former owner.

3. The burden is on the service member to see his unit JAG - and get the claims for coverage filed with all lenders.