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Military Frequently Asked Questions

On December 19, 2003, President Bush signed into law the Servicemembers Civil Relief Act (SCRA), which was a significant amendment to the earlier version of the law called the Soldiers’ and Sailors’ Civil Relief Act. This legislation was designed to help ease the economic and legal burdens on military personnel who are on active duty status. The SCRA is intended to postpone, suspend, or relieve certain civil obligations during a servicemember’s period of active duty and accomplishes this in part by regulating certain legal actions (including foreclosure) against military personnel.

Q.	Who is eligible for SCRA protections?
A.	The SCRA covers all active duty servicemembers, reservists, and the members of the National Guard (if serving for a period of longer than 30 consecutive days) while on active duty.
Q.	Am I protected from foreclosure?
A.	Perhaps. First, you must be on active duty or have received orders to active duty. Second, protection from foreclosure depends largely upon whether or not you were active military when the loan was obtained. The facts of your particular situation will determine whether and when a lender can foreclose.
Q.	What if I am already being sued for foreclosure in court?
A.	One of the protections of the SCRA is that if you are in active military service (or within 90 days after release from military service) and have received notice of a civil action (including foreclosure), the court will upon your request halt the action for a period of not less than 90 days, if certain conditions are met.
Q.	What if my mortgage loan is a joint debt with my non-military spouse?
A.	In situations where the SCRA prevents a lender from taking action against you, it is possible that the creditor may also be prevented from proceeding against a co-debtor, such as your spouse.
Q.	Can I get my interest rate reduced?
A.	It is possible that you may be entitled to have the interest rate on your loan reduced to 6% for the time you are on active duty.
Q.	At what point do SCRA protections begin?
A.	Most of the SCRA protections start the day that you receive your active duty orders or upon deployment.
Q.	Does the SCRA apply only during wartime?
A.	No, the SCRA is in effect all of the time for active duty servicemembers.
Q.	What is a Deed in Lieu of foreclosure?
A.	Please click here for a Deed in Lieu of foreclosure FAQ.

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This company and site informs its users about foreclosure law designed to help them safely cope with their own legal needs. However, legal information is not the same as legal advice. The law as it applies
to each individual varies with specific circumstances. Privacy Policy * You Walk Away, LLC is not a credit repair organization. The service we provide is a 3rd party referral to a BBB accredited law firm.