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#1686721 - 04/06/12 08:30 PM SCRA notice on commercial loans
notuntermywatch Offline
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Joined: Jun 2006
Posts: 392
MN
What Reg do I need to look at to find the definition of "homeowner" and "residential mortgage" to determine whether or not I needed to send the SCRA notice when the borrower went 45 days past due.

Is it as simple as the SCRA act itself...I'm think I'm overthinking but that HUD letter is confusing me on wher to go. Below is from the HUD letter and where I'm pulling the terms I want to define.

Any thoughts are appreciated

TGIF!

Servicemembers Civil Relief Act Notice
Pursuant to the statutory amendment, HUD has developed, in consultation with the Departments of Defense and Treasury, the form for the required notice of servicemember rights (Attachment 1). All mortgage loans, including conventional mortgages and mortgages insured by HUD are subject to the notification requirement that became effective June 5, 2006. The notice must:
• Be sent to all homeowners who are in default on a residential mortgage;
• Include the toll-free Military OneSource number to call if servicemembers or their dependents require further assistance (1-800-342-9647); and
• Be made within 45 days from the date a missed payment was due, unless the homeowner pays the overdue amount before the expiration of the 45-day period.

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#1686755 - 04/06/12 09:39 PM Re: SCRA notice on commercial loans notuntermywatch
Andy_Z Offline
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The SCRA doesn't have a reg to implement it so it is essentially fully self-contained. If it is defined in the law, that is what you use. But remember the SCRA is protecting the SM and is not discriminating on the classification of debt in many cases, such as the 6% rate - as that applies to consumer and commercial debt of the borrower/SM.
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#2270051 - 05/04/22 07:19 PM Re: SCRA notice on commercial loans notuntermywatch
Tesla Offline
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Joined: Nov 2003
Posts: 3,726
Need help! Does the HUD-SCRA notice need to go to a delinquent borrower on a commercial loan not secured by residential real estate?
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