OK, I thought I had a grip on this, but maybe not. If a soldier is full time military at the time he took out the loan does he get any protection under SCRA? No payments in 4 months, currently very past due, can we send to start forclosure? I say yes. Plus the website says he isn't active anyway although the wife claims he is but won't bring in any orders. Even with the orders I think we can proceed as his POA signed for him on the loan while he was overseas and active. Please help me sort this one out. Thanks!!

If he was on active duty at the time you made the loan doesn't his application show occupation as such?

Go here to reviwe Mortgage and Trus Deeds:

http://usmilitary.about.com/library/milinfo/scra/bl303.htm

Check out active duty status here:

https://www.dmdc.osd.mil/scra/owa/home

Yes Don, he shows as full time military on application. I did search the website and it says no, but the wife says yes. She feels entitled to protection under SCRA and I don't think she is. She knows she doesn't get the rate reduction but thinks she does get protection from forclosure.

I would check with your local council to be sure, as I'm no attorney, and some states have also made some SSCRA laws of their own.

But IMO It clearly states "originated before the service members military service.


Section 303 - Mortgages and trust deeds

(a) MORTGAGE AS SECURITY- This section applies only to an obligation on real or personal property owned by a servicemember that--

(1) originated before the period of the servicemember's military service and for which the servicemember is still obligated;

(c) SALE OR FORECLOSURE- A sale, foreclosure, or seizure of property for a breach of an obligation described in subsection (a) shall not be valid if made during, or within 90 days after, the period of the servicemember's military service except--

(1) upon a court order granted before such sale, foreclosure, or seizure with a return made and approved by the court; or

(2) if made pursuant to an agreement as provided in section 107.

I agree. I think I will send up to our attorney and put the caveat that he was full time military at the onset of the debt and may still be, but is currently not active according to the department of defense website and let the attorney sort it out.

Thanks Don!!

In many legal actions you'll have to certify if this person is/is not military and protected. Use of an attorney is the best way to go, and go slowly. You don't want this reversed 3 years from now if it is done incorrectly.