Reviewing a file where an action for foreclosure was filed with the court... Title is held to the real property in the names of ex-spouses. Only one of the owners is the borrower on the loan. One search was made for the ex-husband but no search for the ex-wife.

In this case, doesn't the SCRA require that a search of the Dept. of Defense database be made for both these owners regardless of who the borrower is on the loan?

Or, am I wrong?

It would come down to if the non-borrowing ex is still considered a dependent of the servicemember. If the non borrowing ex is not a servicemember or dependent of a servicemember then they are not protected under the SCRA.

Definitions - https://www.bankersonline.com/regulations/scra-3911

Thank you Dan. What I'm hearing is if the non borrowing ex is not a dependent, then a check should still be made to determine if the ex is a servicemember.

If they are not primarily or secondarily liable on the note (obligation) then IMO they are not covered under the SCRA.