The Servicemembers Civil Relief Act (SCRA) offers protection for active duty service members against foreclosure.
If you are an active duty service member or have been in the last 12 months, SCRA protection against mortgage foreclosure should offer you options to delay or prevent foreclosure.
Contact Denbeaux Law to learn about your foreclosure protections and how we may be able to help you delay or avoid foreclosure.
What Is the SCRA?
The SCRA is intended to protect mortgages and housing for active-duty servicemembers. It helps ease the burden of worrying about bills being paid at home while deployed.
Servicemembers who are on active duty or have been in the last year are protected under the SCRA.
How Does the SCRA Work?
The SCRA creates a series of steps banks must follow to foreclose on active duty service members. The steps lenders have to follow under the SCRA can change frequently.
Lender violations of these steps are serious. If a lender violates the SCRA, the Department of Justice will file a suit against the lender, and the lender will face fines and penalties.
SCRA protects active duty service members, even if the mortgage was taken out before entering active duty service. There is no exemption based on the size or amount of the mortgage.
One of the main factors of the SCRA is protecting against default judgments. A default judgment is an expedited foreclosure that can happen when a homeowner doesn’t file an answer to a foreclosure complaint or appear for the case.
If a default judgment is incorrectly granted to a servicemember, SCRA protection can reopen the foreclosure case.
SCRA protection can also help delay foreclosure proceedings by giving time to reach a service member and prepare a defense.
When pursuing a foreclosure on an active-duty servicemember, a lender must verify the homeowner’s military status and seek a court order to proceed.
Contact an Attorney Today
For servicemembers unlawfully facing foreclosure while under SCRA protection, legal representation can be very important.
As an active duty servicemember, it’s important to understand how the SCRA protects you. If you are facing foreclosure, you should act quickly to protect your home.
Schedule a consultation with Denbeaux Law today to learn more about how the SCRA may be able to help you avoid foreclosure.
