Star Hill, DE — With a tsunami of foreclosures on the horizon, Black homeowners facing foreclosure must act judiciously when pandemic moratoriums have been lifted. Two important facts in fighting against a foreclosure action or lawsuit is to know which jurisdiction, Court, controls foreclosures. State courts have jurisdiction over foreclosures. Federal courts have jurisdiction over debt collection and consumer civil rights.
Homeowners without a lawyer, may in writing file an objection and request a hearing with a judge at State court. Lenders may file either or both of two types of ways for the mortgage debt to be paid (judgment): in rem (property) or in personam (in person). Should the home be sold at a lesser value than what is owed, a lawsuit with a judgment against the person, the lender may place liens against personal assets such as financial accounts, other real estate, etc.
Homeowners must be assured that they can fight back against any action to take their home. For homeowners with an impending foreclosure, seek out free help from a nonprofit agency that has a Housing Counseling” program.
Foreclosure Case Study
One homeowner has filed a federal $1.2 million lawsuit against Artisans’ Bank and members of its management, Joel Schiller and Todd W. Glandon, over consumer credit and civil rights violations. Attorney Timothy Rafferty in Hockessin, Delaware represents the bank.
The 13-page complaint filed September 18, 2020, claims improper actions and egregious misconduct stemming from a lawsuit spanning over seven years from 2013 to the current date.
Artisans’ Bank took real estate and personal property in violation of a Black homeowner’s rights. A set aside order forced Artisans’ Bank to file a debt “Satisfaction” at the Delaware Superior Court. The bank had reneged on its promise to issue a satisfaction upon receipt of a demand payment received two months earlier.
About Artisans’ Bank
Artisans’ Bank headquartered in Wilmington is the 13th largest bank in the state of Delaware. Established in 1861, the bank has grown to 122 employees at 13 locations.
In another matter, civil rights lawsuit “Cromley v. Artisans’ Bank” (1:02-cv-00316-SLR) was filed at federal district court on April 30, 2002.
Artisans’ Bank operates under Consent Order 11–047b by bank regulator, FDIC.
M. Denise Tolliver
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