A question was asked at today's Lending Compliance Triage as to what site you can verify military status at. I listed a freebie, and a pay for site.

https://www.servicememberscivilreliefact.com/bis the pay-for site
https://www.dmdc.osd.mil/appj/scra/scraHome.do is the freebie

Thanks for these links. One question that has come up as a result of our attendance at the Triage webinar is whether we have an affirmative obligation to check this site prior to initiating foreclosure proceedings.

We all agree that it is a good idea and can save huge headaches down the road, but reading the Act, it appears that all of the burden of proof of military status is on the servicemember.

We do send out the notice as prescribed by HUD, and we are responsive to servicemembers who request relief.

It is not a legal requirement; it is a best practice and a proactive action by the bank. A "better safe than sorry" action since in some situations the bank really needs to know.

The burden isn't on the servicemember. You can't foreclose if the borrower is a SM w/o a court order and you have to tell the court you checked the military status. This is one way to check.

If the SM is overseas fighting, they may be unable to contact you. That is why the burden is on the creditor.

Right..in foreclosure, unlike requesting a rate reduction, the bank must find out who is in the service so that they do not go forward on a prohibited foreclosure. That is why banks must be proactive on this.

Andy - It sounds like your comment would only apply in states where non-judicial foreclosures are legal? If you are in a judicial foreclosure state, wouldn't the court order (of foreclosure) meet the requirements of SCRA? My initial question was related specifically to foreclosure, so that's the situation I'm most interested in at the moment.

I am not a lawyer and won't profess to know the ins and outs. But my understanding is that the lender has to assure the court that the SCRA protections don't apply, otherwise you're on hold for SCRA protections.