Case Narrative - Wrongful Foreclosure and Displacement of Cody Rice-Velasquez

Case Narrative: Wrongful Foreclosure and Displacement of Cody Rice-Velasquez

1.0 Introduction and Statement of Purpose

This document provides a formal, factual narrative of the events surrounding the wrongful foreclosure, void judgment, and subsequent illegal eviction of Cody Rice-Velasquez from the property at 4817 Shadow Pointe Drive, Indianapolis, IN 46254. This narrative establishes a catastrophic failure of due process initiated by a fatally defective legal process, compounded by egregious violations of disability rights under federal law. The subsequent misconduct by the opposing parties during and after the unlawful eviction has inflicted severe and ongoing harm, forming the basis for immediate legal intervention and claims for significant damages.

The key parties involved in this matter are as follows:

This narrative will proceed from the foundational legal defect—the complete failure to effectuate service of process—to the resulting cascade of illegal actions and human cost, establishing a clear pattern of negligence, discrimination, and bad faith.

2.0 The Void Foreclosure: A Failure of Jurisdiction and Due Process

The United States Constitution and Indiana state law mandate that a court cannot exercise authority over a defendant without first obtaining personal jurisdiction through proper service of process. This is not a mere technicality; it is the bedrock of due process. When service is not lawfully effectuated, any subsequent judgment is not merely voidable but is void ab initio—a legal nullity from its inception. The entire foreclosure action against the Defendant is predicated on such a void judgment.

The record demonstrates a clear and dispositive failure of service. On January 16, 2025, the Marion Superior Court issued an explicit and unambiguous order that service be made upon the Defendant by PERSONAL SERVICE. The official court filings, however, contain no evidence that this mandate was ever fulfilled. The "Sheriff's Return on Service of Summons" form is incomplete, providing no certification that a deputy ever delivered the documents. Likewise, the "Clerk's Certificate of Mailing" and "Clerk's Return on Service of Summons by Mail - Not Accepted by Defendant" are blank and fail to demonstrate any form of successful service. Most critically, the Defendant has affirmed under penalty of perjury in a sworn declaration dated December 10, 2025: "I affirm that I never received lawful notice of this foreclosure action."

Without jurisdiction over the Defendant, the court was powerless to act. Consequently, the entry of a default judgment on May 28, 2025, and the subsequent Praecipe for Sheriff Sale on May 29, 2025, were legally void actions. This means the judgment has no legal force or effect, and any actions taken in reliance upon it, including the Sheriff's Sale and subsequent Writ of Assistance, are likewise void. This jurisdictional nullity, which would have been swiftly corrected had the Defendant been able to participate, was allowed to fester and become the basis for physical eviction because of the subsequent, deliberate disregard for the Defendant's civil rights.

3.0 Denial of Disability Rights and Access to Justice

As the jurisdictionally void foreclosure proceeded, the Plaintiff, its counsel, the Marion Superior Court, and the Marion County Sheriff's Office each received formal, written notice of the Defendant's disabilities and requests for reasonable accommodation, and each failed to act. This demonstrated a systemic breakdown and collective failure to comply with federal law. These were not procedural oversights but direct violations of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA) that created insurmountable barriers to justice.

The Defendant proactively engaged all involved parties to provide notice and request necessary accommodations:

The denial of these requested accommodations was therefore outcome-determinative; it functionally silenced the Defendant, preventing them from alerting the court to the fatal jurisdictional defect and stopping the wrongful action before it escalated. The entry of default judgment was a direct and foreseeable consequence of this denial of civil rights, leading to the physical enforcement of the void judgment and the infliction of immediate and severe trauma.

4.0 The Unlawful Eviction and Resulting Displacement

On December 9, 2025, the Marion County Sheriff's Office, acting under the authority of a Writ of Assistance derived from the void foreclosure judgment, physically removed the Defendant from their home. This action was the unlawful and tortious enforcement of a legal nullity, directly causing the Defendant's immediate displacement and exposure to life-threatening conditions.

Immediate Human Cost

The impact of the unlawful eviction was catastrophic and immediate. The Defendant was deprived not only of shelter but also of the basic necessities required for survival and for the preparation of a legal defense.

The harm did not cease with the physical removal. It was actively exacerbated by the Plaintiff's subsequent gross negligence and willful misconduct in its management of the property, leading to further destruction of assets.

5.0 Post-Eviction Misconduct and Willful Property Destruction

After taking unlawful possession of the residence, the Plaintiff and its agents demonstrated a shocking and willful disregard for the property. This failure resulted in the foreseeable and negligent destruction of the property's fixtures and the Defendant's remaining personal belongings. This conduct constitutes new and independent torts for which the Plaintiff is directly liable.

Just as the Plaintiff ignored the Defendant's rights to due process and accommodation, they and their agents demonstrated a parallel contempt for the Defendant's property rights, treating the home and its contents with gross negligence once the Defendant was unlawfully removed. By denying the Defendant any access to the property to retrieve belongings or mitigate damage, the Plaintiff assumed sole responsibility for the resulting destruction.

6.0 Summary of Ongoing Harm and Conclusion

The events detailed in this narrative represent a profound and ongoing injustice. As articulated in the Defendant's HUD complaint filed on December 22, 2025, the harm is not a past event but a continuing state of forced displacement, financial ruin, and denial of access to property and justice. The cumulative actions of the Plaintiff and its agents have violated fundamental constitutional rights, federal civil rights statutes, and state common law.

The core legal violations demanding immediate remedy are:

These events represent a profound and ongoing injustice. The Defendant requires immediate judicial or agency intervention to vacate all void orders, restore their rights, and provide full compensation for the extensive financial, property, and emotional damages suffered.