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#1231353 - 08/12/09 12:55 PM Car Loan - SCRA Protections
Lea Offline
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Lea
Joined: Feb 2003
Posts: 66
Florida
This is the first time I've seen this....A service-member took out a car loan with us last month. He had been on active duty for a year already. He just received orders transferring him to Afghanistan and has requested a reduction in rate per the SCRA. Everything I can tell indicates these protections are not available to him as the debt was incurred while on active duty. Am I missing something? Any help is appreciated. Thank you.
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Lea, CRCM

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Lending to Servicemembers (SCRA, JWNDAA), War, Terrorism
#1231365 - 08/12/09 01:14 PM Re: Car Loan - SCRA Protections Lea
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,533
Bloomington, IN
You are correct, if they were an active duty servicemember at the time the loan was obtained they are not entitled to the rate reduction.
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The opinions expressed are mine and they are not to be taken as legal advice.

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#1236633 - 08/20/09 11:03 PM Re: Car Loan - SCRA Protections Dan Persfull
Andy_Z Offline
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Andy_Z
Joined: Oct 2000
Posts: 27,754
On the Net
The SM is protected in other ways, and a lease could be canceled, but the rate is a "preservice" issue, as Dan mentioned.

I have fielded that request many times. In some cases it is misinformation, and in others it is just an attempt to get something they wouldn't if they didn't ask. I suspect that somewhere, some bank(s) have lowered the rate for a transfer overseas.

What you need to be asking is, will you get paid by allotment, where will the car be, and remind them insurance is required.
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AndyZ CRCM
My opinions are not necessarily my employers.
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Rules and Regs minus Relationships equals Resentment and Rebellion. John Maxwell

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#1301128 - 12/08/09 07:51 PM Re: Car Loan - SCRA Protections Andy_Z
Inquisitor / Sommelier Omega Offline
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Inquisitor / Sommelier Omega
Joined: Aug 2003
Posts: 1,357
A Grant Wood painting.
I have a customer leaving active duty. He has a car loan elsewhere. When he was shipped to Iraq he canceled his insurance because the car was being stored. The lender put forced place insurance on the loan without his "notification". (He said they could have notified him of the laps in insuarnce by mail or electroically but failed to do so.) His monthly auto debits were insufficient to cover P&I and the insurance and so he became delinquent. Does the SCRA offer any type of relief for him on the forced place insuance? How about the damage to his credit?
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#1304029 - 12/11/09 08:45 PM Re: Car Loan - SCRA Protections Inquisitor / Sommelier Omega
Andy_Z Offline
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Andy_Z
Joined: Oct 2000
Posts: 27,754
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I don't recall any specifics on this. The force placement would be done under state insurance laws. There was a requirement to keep insurance in place, full coverage, and that was dropped.

I think the issue here would be why didn't the lender contact them? That seems unusual to me. Does your state law require notice prior to force placement?
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AndyZ CRCM
My opinions are not necessarily my employers.
R+R-R=R+R
Rules and Regs minus Relationships equals Resentment and Rebellion. John Maxwell

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