On November 20, 2006, HUD issued Mortgagee Letter 2006-28 titled, "Mortgage and Foreclosure Rights of Servicemembers under the Servicemembers Civil Relief Act" regarding Mortgage and Foreclosure Rights of Servicemembers under the Servicemembers Civil Relief Act (SCRA) This letter provides information regarding a new legal requirement to notify homeowners in default of the mortgage and foreclosure rights of servicemembers and their dependents under the SCRA.
The legislation is Public Law 109-163, Section 688:
http://frwebgate.access.gpo.gov/cgi-bin/...publ163.109.pdf According to HUD, all mortgage loans, including conventional mortgages and mortgages insured by HUD are subject to the notification requirement that became effective June 5, 2006.
The notice must:
Be sent to all homeowners who are in default on a residential mortgage;
Include the toll-free military one-source number to call if servicemembers or their dependents require further assistance (1-800-342-9647); and
Be made within 45 days from the date a missed payment was due, unless the homeowner pays the overdue amount before the expiration of the 45-day period.
The letter provides a sample notice (Attachment 1 of the Letter) and was effective June 5, 2006.