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#2220715 - 08/29/19 08:51 PM SCRA
banker-12 Offline
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Joined: May 2007
Posts: 1,202

1. How early in the foreclosure process do we need to check for the military status of a borrower? Can it be done anytime as long as it's prior to the sale?

2. If done early in the process, do we need to verify it again the day before the sale? Can it only be checked one time?

Thank You

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Lending to Servicemembers (SCRA, JWNDAA), War, Terrorism
#2220800 - 08/30/19 09:02 PM Re: SCRA banker-12
Andy_Z Offline
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1. Yesterday.
2. Absolutely.

OK, you want some explanation. You need to know before you even mention foreclosure. If the lender waited until just before the actual event, I would say a judge would say the lender was attempting to foreclose without court approval and would have communicated this to the borrower with notices. It would be a violation of SCRA, UDAP or both. And if this was a 3rd party, the FDCPA would apply as threats were made which could not be carried out.

If your borrower joined the Army the day before foreclosure, they would have been protected and the foreclosure could not proceed. Check the status as close to the sale time as you can. It was a repo, but look at California Auto Finance and the DOJ from 2018.
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