An elderly couple came to Jacksonville Area Legal Aid asking for help after they had been sued in a foreclosure lawsuit for purportedly abandoning their home they have been living in for almost 20 years.
Their case involved a “reverse” mortgage — a sometimes risky mortgage product, available to people who are over 62 years old.
No monthly payments are required because the borrowers’ equity in the home is used to cover principal, interest and miscellaneous monthly fees.
Foreclosure of a reverse mortgage can be caused by a borrower dying, permanently moving away from the home, failing to maintain casualty insurance for their home or failing to pay ad valorem taxes.
The couple was “mortgage free” until they obtained the reverse mortgage to fund home repairs.
Our organization often helps elderly homeowners with reverse mortgage problems.
For many, JALA is their only line of defense against a complicated legal process and servicer banks that far too often make mistakes during their collection process.
In this case, even though the bank claimed the couple had not occupied their home for a year, they were hand-served with the summons and complaint at their home.
Despite this contradictory information, the bank proceeded to judgment, while the couple had no idea the bank was claiming they did not live in their home.
In fact, even with their advanced age, our clients were considered the “grandparents” of the neighborhood, hosting neighborhood barbecues and actively involved in the community.
Additionally, their yard had recently been selected “Yard of the Month” in their neighborhood.
Ultimately, due to the judgement, their home was sold at a foreclosure sale and they were removed from the house.
When all of their possessions were thrown in their yard, the elderly homeowners slept outside in the rain, in a last desperate effort to keep the lenders from further taking any more of their valued possessions.
They lost irreplaceable heirlooms, one of which was a treasured family Bible.
Attorney Lynn Drysdale spent months on the case going to court to set aside the judgment and undo the numerous errors made by the bank.
Ultimately, her clients were returned to their home.
Although many of their personal items cannot be replaced, our clients are happy JALA was able to get them back in their home where they can continue to be among friends, hosting barbecues and get-togethers with their neighbors who they so love.
To make a donation to JALA, visit jaxlegalaid.org.