For those in active military service, the possibility of foreclosure can be a major concern, particularly if they are currently deployed overseas. Fortunately, there are laws in place to protect military personnel from losing their homes due to foreclosure while they are on active duty. In this blog post, we will explore these laws and how they can help protect military service members from foreclosure.
The Service members Civil Relief Act (SCRA)
The Service members Civil Relief Act (SCRA) is a federal law that provides a variety of protections for active military personnel, including protection from foreclosure. Under the SCRA, if a service member is on active duty and has a mortgage on their home, the mortgage lender cannot initiate foreclosure proceedings without first obtaining a court order. This protection is intended to give military personnel the opportunity to focus on their duties without worrying about the possibility of losing their homes.
The SCRA also provides other protections related to foreclosures. For example, if a service member has fallen behind on their mortgage payments, the lender cannot foreclose on the property without first obtaining a court order. Additionally, the SCRA allows service members to terminate residential leases without penalty if they receive permanent change of station orders or are deployed for a period of at least 90 days.
What to Do If You Are Facing Foreclosure
If you are a service member who is facing foreclosure, it is important to take action as soon as possible. The first step is to contact your mortgage lender and let them know that you are on active duty. This will help ensure that they are aware of your protected status under the SCRA.
You may also want to contact a military legal assistance attorney. These attorneys can provide free legal advice to service members and can help you understand your rights under the SCRA. Additionally, they may be able to represent you in court if necessary.
Conclusion
For those in active military service, the possibility of foreclosure can be a major concern. However, the Service members Civil Relief Act (SCRA) provides important protections to help prevent military personnel from losing their homes while on active duty. If you are a service member who is facing foreclosure, it is important to take action as soon as possible and seek the assistance of a military legal assistance attorney. By doing so, you can help ensure that your rights are protected under the law.