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#306874 - 01/21/05 07:43 PM Does SSCRA apply here?
wavewatcher Offline
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wavewatcher
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Posts: 2,053
Hawaii
The additional borrower for this account is an adult of the original borrowers. The adult child was added to the loan prior to her marriage. She is now married and she informed the bank today that her husband has joined the military and will be sent off-island.

Husband is not on mortgage or note. Can they use SSCRA relief?

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Lending to Servicemembers (SCRA, JWNDAA), War, Terrorism
#306875 - 01/21/05 09:58 PM Re: Does SSCRA apply here?
Anonymous
Unregistered

No, the husband is not liable on the note, therefore SCRA does not apply.

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#306876 - 01/22/05 12:21 AM Re: Does SSCRA apply here?
Andy_Z Offline
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I would say you need to explore the state laws first. Is it a community property state and does the husband, by virtue of the state laws have any liability on the loan. That answers the SCRA question.
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#306877 - 01/24/05 07:14 PM Re: Does SSCRA apply here?
wavewatcher Offline
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wavewatcher
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Posts: 2,053
Hawaii
Does it apply if the property is an investment? It is a community property area.

Daughter is NOT on title, only on note.
Last edited by wavewatcher; 01/24/05 07:32 PM.
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#306878 - 01/24/05 07:33 PM Re: Does SSCRA apply here?
Anonymous
Unregistered

Regarding debts, I don't see where SCRA makes any distinction between personal debt and business debt. Military personnel have used SCRA protection before to get relief for business debt.

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#306879 - 01/24/05 11:41 PM Re: Does SSCRA apply here?
Andy_Z Offline
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I agree. Debt is debt and the SSCRA was used in business debt applications in the past. Please refer to this case in Court Watch.
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AndyZ CRCM
My opinions are not necessarily my employers.
R+R-R=R+R
Rules and Regs minus Relationships equals Resentment and Rebellion. John Maxwell

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#306880 - 01/25/05 05:27 PM Re: Does SSCRA apply here?
Beagles22 Offline
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State of confusion
In Wisconsin the relief extends to the spouse on both business and personal debt. I would tread very carefully on this one depending on your state laws.
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#306881 - 01/27/05 09:34 PM Re: Does SSCRA apply here?
corkygirl Offline
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middle of the country
You might also want to consider the reputational risk here. We have applied SSSCRA in some cases where it was in a gray area, to avoid the risk to the banks reputation.
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