As a servicemember, am I protected against foreclosure?

Answer:

 If you are in military service, the Servicemembers Civil Relief Act (SCRA) provides certain protections when it comes to issues related to mortgages and housing.

If you took out a mortgage before entering active duty military service (also known as a “pre-service mortgage obligation”), you generally can’t be foreclosed on without a valid court order while you are on active duty and for an additional twelve months after leaving active duty.

This protection applies whether or not you told your mortgage lender or servicer about your military status.

The SCRA also provides servicemembers with protections against default judgments, which are rulings against a party to a lawsuit because he or she didn’t appear in court.  This includes foreclosure cases before a judge. 

If you obtained a mortgage before you went on active duty, the SCRA allows you to ask for a mortgage interest rate reduction to 6 percent (including service charges and fees) for the entire time you are on active duty, and for an additional year after you leave active duty.  Learn more about the SCRA interest rate protections.   

Learn more about whether you’re covered by the SCRA.

Learn more about the Servicemembers Civil Relief Act from the Department of Justice.

If you still have questions about your rights under the SCRA, contact your local JAG office for more information.  To find your JAG Legal Assistance Office use the locator. You also may be able to get assistance from your state attorney general.  

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