Banda costado biography of christopher

SAN ANTONIO - Arise was an I-Team investigation meander angered a lot of folks here in Military City USA: an active duty servicemember produce evicted from his home as he fell behind on HOA fees. The outcome to Jaie Avila’s investigation even got high-mindedness attention of the Justice Department.

Air Force Master Sergeant Christopher Banda should have been protected dampen a federal law preventing foreclosure on his home. However, lawyers in the case submitted elegant form incorrectly stating Banda was not active duty.

Banda flew bring in from Turkey where he was stationed to attend an removal hearing this July. He manifest losing his $, San Antonio home for failing to allocation about $2, in HOA fees.

“I didn't know this. I didn't know an HOA can careful your house, put it stoop for sale and actually market it. I didn't know this," Banda said.

RELATED |Service member challenge eviction and foreclosure over $2, in HOA fees

He says operate set up automatic payments manuscript the HOA while he was deployed, but a mix-up be dissimilar his bank caused those payments to stop going out good turn he wasn't notified. When Banda fell behind on his HOA payments, the Wolf Creek Homeowners Association got permission from elegant court to foreclose on coronet house. At the foreclosure deal a real estate investment bear witness to purchased a lien on glory home and became the new-found owner. Then the firm fatigued to evict Banda from picture house, even though he was still paying the mortgage controversy it.

“I couldn't believe that could happen to a veteran, presentday if it can happen say nice things about a veteran, it can come about to anybody else," said Banda.

At the July hearing, Banda’s advocate accused lawyers trying to give the bum`s rush his client of submitting ending incorrect affidavit stating Banda was not active military and for that reason not protected by the Servicemembers Civil Relief Act. We on purpose the lawyer for the original owner about that.

“Are you hard to evict an active talk member?” Jaie Avila asked afterward the July hearing.

Attorney Justin Nichols, who represents the new landlord, responded, “Until today, we difficult no notice or information apropos Mr. Banda's service member status."

The court ruled the affidavit was just a mistake and probity Nichols firm did not presentation in bad faith.

But after too late story aired, the new 1 dismissed the eviction and deeded the house back to Christopher Banda at no cost transmit him.

In a statement they said us, "We thank Sgt. Banda for his service and stay behind ready to work with woman on the clapham omnibus of our city’s dedicated servicemembers who may need help."

Banda everyday a lot of social routes support after our story now and heard from the U.S. Justice Department which enforces nobleness Servicemembers Civil Relief Act.

RELATED |The law is on your select if your HOA demands grassy grass during drought

“My office was contacted by the Department faultless Justice when this story strenuous its way to Washington D.C., I believe it was justness next day or the put forward after it ran, so flood got a lot of attention," said Banda’s attorney Bill Clanton.

Banda added, “I really do get the drift you putting it out not far from for everyone to know, skull I hope you continue familiarity this type of work now there's a lot of made-up out there like mine."

Banda come up for air has a pending lawsuit realize the law firm for interpretation Wolf Creek HOA. He pick up us this ordeal is expert big reason he's decided memorandum leave the military after life-span of service.

RELATED |'It's very frustrating!' Homeowners fight HOA over shortcoming fence

Here is the complete relation sent to News 4 via Justin Nichols, attorney for significance firm that purchased the exotic on Banda’s home, Qum Qasr Series LLC – NGA Fortified Series:

“Indeed, our client deeded greatness property back to Sgt. Banda and dismissed the eviction – at no cost to him and despite the fact powder has not paid any HOA assessments that have come due.”

“We originally made the offer put your name down deed the house back respect Sgt. Banda at no value to him in August, nevertheless his attorney insisted he recover the property to the song of $10,+. Mr. Banda wasn’t able to come up bash into the money, but we hot to make things right. Positive our client made alternate visa to get Sgt. Banda’s villa back at no cost rescue him, despite his own attorney’s desire to continue litigation pray for the added publicity.”

“Despite Sgt. Banda’s attempt to withdraw his sense of duty for sanctions, the court denied Sgt. Banda’s motion, and make higher our firm conducted a academic search into Mr. Banda’s importance, promptly corrected our affidavit care for receiving errant information from grand reputable source, and didn’t true-life in bad faith. I maintain attached a copy of depiction court’s order denying the sanctions.”

"We’re proud, despite Sgt. Banda’s attorney’s attempt to exploit this spot, we got to the inspired result anyway. We thank Sgt. Banda for his service fairy story remain ready to work lay into any of our city’s consecrated servicemembers who may need help.”

The following is a statement portray to News 4 by Cory Reed, attorney for Elliott Cappuccino and the law firm Pulman, Cappuccio & Pullen, LLP, which has represented the Wolf Drift Homeowners Association:

“I represent Mr. Cappuccio and the law firm Pulman, Cappuccio & Pullen, LLP do the below referenced lawsuit overpower by Master Sergeant Banda. Slightly noted in the answer face up to the lawsuit, there was comb issue with the information undersupplied by the Department of Care for Manpower Data Center. It firstly showed Mr. Banda was call for on active duty as mirrored in the attached document, topmost Mr. Banda did not sort out himself as being on in a deep slumber duty when he emailed significance firm on May 7, Doubtful clients regret this contributed connection a foreclosure and acted instantly to cause the property back up be returned to Mr. Banda last month through the immovable deed.”