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SCRA and Sub-6% Mortgage Loan
by Dan Persfull and Andy Zavoina, BOL Gurus
Guru Bios
Question: We have a customer that is being called up for active duty, which involves schooling for 8 weeks. He has a mortgage loan with an interest rate already below the 6% rate which is the manditory rate for the Servicemembers Civil Relief Act. Do we have to do any thing in this case?
Answer by Dan Persfull: No, but other provisions will appply such as section 303.
Answer by Andy Zavona: One thing to watch for is what the SCRA considers "interest". If, for example, a payment is late and you charge a late fee, that is "interest" for SCRA. You have to determine if that fee (or others) when added to your contractual interest exceeds 6%, which would be in violation.
First published on BankersOnline.com 1/30/06
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