Are servicemembers protected against foreclosure?

Q: Are servicemembers protected against foreclosure?

The Servicemembers Civil Relief Act provides certain foreclosure and rate protections for some mortgages taken out before active duty. The CFPB says a pre-service mortgage generally cannot be foreclosed without a court order during service and for 12 months afterward, and a servicemember can request that the rate drop to 6 percent — fees included — during service and for one year after. This is general information, not legal advice about a particular servicemember or loan.

Short answer

The Servicemembers Civil Relief Act provides certain and rate protections for some mortgages taken out before active duty. The CFPB says a pre-service mortgage generally cannot be foreclosed without a court order during service and for 12 months afterward, and a servicemember can request that the rate drop to 6 percent — fees included — during service and for one year after. This is general information, not legal advice about a particular servicemember or loan.

Full explanation

The CFPB says that if you are in military service, the Servicemembers Civil Relief Act provides certain protections related to mortgages and housing. For a loan taken out before active-duty service — a pre-service mortgage obligation — the Bureau states that foreclosure generally requires a court order throughout that service and through the following 12 months. The CFPB says that protection applies whether or not the lender or servicer was told about military status.

The same law, as the Bureau describes it, also protects servicemembers against default judgments, including in foreclosure cases before a judge. On a pre-service mortgage, the CFPB says a servicemember can request that the rate drop to 6 percent — fees included — while serving and for one year after service ends.

These points rest on the cited Ask CFPB page and are not a reading of every SCRA section or of any state's foreclosure calendar. If you still have questions, the CFPB points to a legal assistance (JAG) office. This is general information, not legal advice about a particular servicemember or loan.

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