Military Family Homes Foreclosed?


(Los Angeles, CA) May 4, 2010

Men and women serving in the United States military have protection against foreclose on their homes.

When we think of our men and women serving in today’s military, we may think of that young person who has just graduated high school or college. Enduring basic military training, and learning a demanding skill to take to the battle field. Those individuals have dedicated a part of their lives to protect us from the threats of our enemy’s.

Needless to say these brave individuals have met the demands made of them, and are committed to becoming a successful soldier in the United States military.

There is however an often overlooked area of concern among these homeland protectors. Quite often these soldiers have families and a mortgage to deal with. Not only is a soldier concerned about returning home safely to their families, the soldier is also concerned about the roof over their heads while they are on active duty or deployed overseas. 

Kim Darney, Platinum Real Estate, dedicates her efforts on assisting Military Personnel in their housing needs: “With many of today’s active members in a role of Reserves or National Guard, the thought of making their mortgage payments on military personnel’s wages may leave our servicemen or women a little short each month. Many members of our Active military have secured mortgages based on the income of their “non-active” military careers such as business executives, Attorneys, Doctor’s, etc…”

Under the little known provision of the Soldiers' and Sailors' Civil Relief Act of 1940 or SSCRA, our fighting men and women are protected

from many of these stressful concerns. One area that is prevalent today is that of mortgage foreclosure on trust deeds that were secured prior to active duty.

The SSCRA explicitly states (50 U.S.C. App. § 532 P.3) that:
• “No sale, foreclosure, or seizure of property for nonpayment of any sum due under any such obligation, or for any other breach of the terms thereof, whether under a power of sale, under a judgment entered upon warrant of attorney to confess judgment contained therein, or otherwise, shall be valid if made during the period of military service or within three months thereafter, except pursuant to an agreement as provided in section 107 [App. § 517], unless upon order previously granted by the court and a return thereto made and approved by the court.”

What does this mean?

Darney explains:
1. “Military personnel are protected under the regulation enacted by the SSCRA from any and all foreclosure activity on their homes that were owned prior to their “active” status in the military.”
2. “Any legal action taken against an “Active” serviceman or woman as it pertains to foreclosure is not allowed during, and up to 3 months after military service is completed.”

This Act has teeth. It even goes a step further, holding any party or parties responsible for attempting to foreclose or seize the home from an active military soldier.  The punishment is severe. These cases will cost the “plaintiff” or proceeding party heavy fines, and may even be punishable by up to 1 year in prison.

When you leave to fight for your country, you need assurance you will have your home to return to.

The SSCRA is here to protect the individuals that protect us, and secures the America way.

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