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#5027 - 09/27/01 03:57 PM Crucial News about the Soldiers' and Sailors' Act
Mary Beth Guard Offline
Platinum Poster
Mary Beth Guard
Joined: Oct 2000
Posts: 797
Oklahoma City, OK
I just finished writing an article about a recent federal district court decision in a case involving the Soldiers' and Sailors' Civil Relief Act. I think it is a crucial decision EVERY financial institution should be aware of.

You can link to the article through our new SSCRA page

http://www.bankersonline.com/lending/sscrapage.html

or you can go directly to: Reservist Achieves Victory Under SSCRA: What Every Lender Should Know


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General Discussion
#5028 - 09/28/01 04:14 AM Re: Crucial News about the Soldiers' and Sailors' Act
BankerMama Offline
Diamond Poster
BankerMama
Joined: Jun 2001
Posts: 1,543
Man!!! Here we sit thinking we really will not be affected by SSCRA because most of our loans are commercial. Forget that! I just hope I can convince our lenders of this.

Do I understand correctly that this also applies to "sole proprietors"?

What if loans are single maturity with monthly interest payments?


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#5029 - 09/28/01 04:28 AM Re: Crucial News about the Soldiers' and Sailors' Act
Mary Beth Guard Offline
Platinum Poster
Mary Beth Guard
Joined: Oct 2000
Posts: 797
Oklahoma City, OK
The law does apply to obligations incurred by sole proprietorships.

And, under the holding in the Cathey case, it would also apply any time the military person is a co-obligor on the debt.

There are also provisions relating to guarantors that you should be aware of, that are detailed in my other articles on this.

If the loan is a single payment loan with monthly interest payments, I would recommend applying the reduced interest rate to reduce the monthly payments.


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#5030 - 09/28/01 12:12 PM Re: Crucial News about the Soldiers' and Sailors' Act
SteveG Offline
Member
Joined: Jul 2001
Posts: 58
Thanks for the info on the Cathey case.

A question: does the stay apply in this situation: A mortgage loan to a person (sole obligor) who passes away, vesting title in two children, one of whom is in the military? Cannot get non-military service affidavit obviously ... must get attorney appointed for military person even though that person is not personally liable?
Thanks.


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#5031 - 10/01/01 03:04 PM Re: Crucial News about the Soldiers' and Sailors' Act
Lucy Griffin Offline

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Lucy Griffin
Joined: Nov 2000
Posts: 1,544
I can't help noting that this might be a good reason not to over-do it on requiring guarantees.

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