Quick overview of the Soldier?s and Sailor?s Civil Relief Act:
The act was enacted in 1940 to help protect service members (anyone in
active duty) from being foreclosed on. Basically what was happening
was that Men were going over sea?s to war and coming home only to find
out the lender(bank) had taken there houses due to non-payment of the
loan. So this act was setup to protect these individuals from being
foreclosed upon.
See Also:
http://usmilitary.about.com/library/milinfo/sscra/blsscra.htm
http://www.bankersonline.com/lending/sscra.html
Overview of what I know:
I live in Massachusetts, and in Mass. when ever a lender (banks or
private lenders) decides to begin the foreclosure proceedings on a
property/owner they must file what?s called a ?Soldiers and Sailors?
(a/k/a SS) docket at LandCourt which presides in Downtown Boston.
This docket is the absolute very first thing that needs to be recorded
before a lender can proceed with the foreclosure or take the property
to auction. LandCourt records 95% of all SS?s, the other 5% of SS?s
are recorded at the registry of deeds for the county that the property
is located in. For all intensive purposes one can go to LandCourt and
collect the SS?s and know what properties are going into foreclosure.
Because these dockets are public record.
Each state handles the Soldier?s and Sailor?s Act differently, but
each state must subscribe to it because it is a government/national
Act. Some states do not have a particular docket filing with this
title (SS), although it is required that an affidavit be signed by a
foreclosing lender stating to the best of there knowledge the
Defendant (the owner) was not in active duty. This affidavit is
attached to a judgment against the Defendant Pre-Foreclosure. This
affidavit had to be signed for other instances as well (Landlord
evictions / divorces / etc?)
Now to my question:
What I am trying to find out is how other states handle foreclosure
fillings and if there is an easy way to collect this information
either physically (going to the court house or registry of deeds) or
remotely (internet access to public records / registry of deeds
online).
I know there are foreclosure websites out there that have this
information and for a fee you can use there website to see the
foreclosure filings? The problem with this is most of them are really
delayed and also why pay for something that is available to the public
for free in the first place. I want to know how they get there
information for states besides Massachusetts. Like I mentioned in
Massachusetts I can go down to land court and collect this information
on a regular basis, which I do. What I am trying to find out is how
I can collect it for other states as well.
Specifically for these states:
Rhode Island
New Hampshire
Virginia
Washington D.C.
Atlanta
Florida |
Request for Question Clarification by
pafalafa-ga
on
08 Apr 2005 12:56 PDT
basskozz-ga,
I wasn't quite clear about one thing. Are you looking to access
foreclosure notices nationwide ONLY pertaining to SS dockets (or their
equivalents in other states)?
Or are you looking for ANY resources that can provide early-warning
information on pending foreclosures?
Or perhaps I'm missing the boat entirely! Let us know a bit more, if you can.
pafalafa-ga
|
Clarification of Question by
basskozz-ga
on
08 Apr 2005 14:23 PDT
pafalafa-ga,
On your question, I am looking for early-warning information on
pending foreclosures as you stated: "Or are you looking for ANY
resources that can provide early-warning information on pending
foreclosures?"
Also known as Pre-Foreclosures.
I figured I could obtain this information using the Soldiers and
Sailors Civil Relief Act (a/k/a Service Members Civil Relief Act)? As
this is a National Act, but I don?t need to limit my self to these
filings.
I hope this clarifies things.
-BassKozz
|
Clarification of Question by
basskozz-ga
on
08 Apr 2005 14:29 PDT
I am going with this based on the assumption that other states have
similar (not exact) processes that are required to start the
foreclosure/default process.
I need to know what these processes are for each of the states I have listed.
Thanks,
-BassKozz
|
Request for Question Clarification by
pafalafa-ga
on
08 Apr 2005 14:38 PDT
basskozz-ga,
Thanks for the update.
I've done some foreclosure research in the past, and from what I can
see, each jurisdication handles the information differently, and
pulling together a nation-wide list of pre-foreclosure listings is a
major undertaking, one that only a multi-million company could
undertake.
One of the companies that does -- the best source of information I've
come across -- is RealtyTrac:
http://www.realtytrac.com/
Please take a look at this answer I provided for someone looking for
foreclosure info in California:
http://answers.google.com/answers/threadview?id=393514
It discusses RealtyTrac as well as numerous other sources of
information. After you've looked it over, let me know if it seems to
be the sort of information you're after, or if there's something else
you need.
Thanks.
paf
|
Clarification of Question by
basskozz-ga
on
09 Apr 2005 19:26 PDT
pafalafa,
Can you please give me the same sort of analysis as you did for:
http://answers.google.com/answers/threadview?id=393514
For the states I have requested:
Rhode Island
New Hampshire
Virginia
Washington D.C.
Atlanta
Florida
Thanks,
BassKozz
|
