Article Courtesy of The
First Coast News
By Ken Amaro
Published September 24, 2015
JACKSONVILLE, Fla. -- 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. |
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"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. But he needs legal help to win his
case.
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