Servicemember Evicted Due To Unpaid HOA Fees, Gets House Back

A servicemember evicted from his home has gotten it back after a court proceeding. The HOA initially foreclosed on the home due to unpaid fees.

Servicemember Evicted Due to Unpaid HOA Fees

A recent investigation highlighted the eviction of an active-duty servicemember. Air Force Master Sergeant Christopher Banda almost lost his home forever after falling behind on HOA fees. The case even captured the attention of the Justice Department.

There are federal laws that protect the homes of active-duty military personnel from foreclosure. Despite that, Banda faced the risk of losing his $400,000 San Antonio home for owing approximately $2,500 in HOA fees. An incorrectly submitted form by the lawyers involved erroneously stated that Banda was not on active duty, depriving him of the protection offered by the Servicemembers Civil Relief Act.

Banda, stationed in Turkey, returned home for a July eviction hearing. The Wolf Creek Homeowners Association, granted permission by a court, initiated foreclosure proceedings on his house. At the foreclosure auction, a real estate investment firm acquired a lien on the property, subsequently attempting to evict Banda despite him still paying the mortgage.

During the July hearing, Banda’s attorney accused the lawyers attempting eviction of submitting an incorrect affidavit regarding Banda’s military status. The court deemed it a mistake, ruling that the law firm did not act in bad faith.

Banda Gets His House Back

Following the broadcast of the story, the new owner dismissed the eviction and returned the house to Banda at no cost. The owner’s statement expressed gratitude for Banda’s service and willingness to assist other servicemembers in need.

Banda, appreciative of the support received after the story aired, acknowledged the involvement of the U.S. Justice Department, which enforces the Servicemembers Civil Relief Act.

Despite the resolution, Banda still has a pending lawsuit against the law firm representing the Wolf Creek HOA. The whole situation played a significant role in his decision to leave the military after years of service.

The statement from Justin Nichols, attorney for the firm that purchased the lien, emphasized their client’s decision to return the property to Banda without cost and defended their actions in court. Additionally, Cory Reed, attorney for Elliott Cappuccino and the law firm representing the Wolf Creek HOA, acknowledged an issue with the information provided by the Department of Defense and expressed regret for its role in the foreclosure, noting that steps were promptly taken to return the property to Banda.