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#329089 - 03/03/05 07:22 PM Are they eligible for SCRA relief?
wavewatcher Offline
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wavewatcher
Joined: May 2003
Posts: 2,053
Hawaii
Father and Daughter on on the note and title holders.

Both borrowers were married when loan was consummated. Daughter was married to an ARMY reservist, when she took this loan.

Property was used to be Father's and Daughter's primary residence until Daughter and her husband relocated in 2004.

Daugther's husband was activated and sent to Iraq back in October or November of 2004.
This account is in delinquency since April of 2001.

I don't believe this account eligible for SCRA because Daughter's husband is not on title. Can someone confirm?

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Lending to Servicemembers (SCRA, JWNDAA), War, Terrorism
#329090 - 03/03/05 07:54 PM Re: Are they eligible for SCRA relief?
Andy_Z Offline
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Andy_Z
Joined: Oct 2000
Posts: 27,754
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If the servicemember is not obligated on the loan directly by signature or "indirectly" by virtue of a community property state, I'd say no, it is not a covered loan and 6% wouldn't apply.

You may still have issues if she claims she was materially effected by his being called to active duty. The spirit and intent of the SCRA are still there. But I believe the requirements do not exist for coverage. If you want to evict or foreclose, it gets muddier as dependants have some protections here. But it doesn't sound as though they lived there or provided support for the dad who may be there. The SM is pretty much apart from all this, as is the spouse.

I think you may be in a position to shore yourself up and take actions to cure the default, but I'd recommend using counsel. And be sure they and your bank's management know the SCRA issues. You want to be prepared.
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