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#189258 - 05/12/04 04:53 PM SCRA -what to do
Anonymous
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We made a loan to a woman in 2001 and her boyfriend signed as a guarantor. In December of 2001 the bank filed a suit and Jan/2002 we received a judgement in our favor. The loan was charged off 3/2002. On 3/29/02 FIFA was received 4/2002 Affadavit of Garnishment perfected. Since that time we have received sporatic payments of $25-$50 and not necessarily monthly.
Recently we found that the borrower and guarantor married in 2003.
The guarantor joined the service in March of 2002. Today we received a printout titled "current order file". Nothing else.

Questions:
I am not sure where to start- He was the guarantor but he is now also her husband. Does this make a difference?

The loan was charged off but we are getting payments to apply to the charge off based on the suit filed prior to his enlisting in the military.

We have not received a written request for relief yet, but if the old rules apply I assume we don't need this?

If applicable, does relief extend back to March 2002?

Does SCRA even apply since the loan was charge off prior to his entering the service and since the service member was a guarantor?
Any suggestions as to what to do or which sections of the SCRA might apply to this scenario?

Any guidance would be greatly appreciated.

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Lending to Servicemembers (SCRA, JWNDAA), War, Terrorism
#189259 - 05/12/04 05:59 PM Re: SCRA -what to do
Beagles22 Offline
Power Poster
Joined: Jan 2004
Posts: 3,626
State of confusion
I don't really know at this moment if we need this information but was his entry date into the service before or after your charge off date?
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