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#61159 - 02/13/03 07:13 PM SSCRA
only me Offline
Junior Member
Joined: Oct 2002
Posts: 45
I have a bank customer that holds a moble home loan. She entered into this agreement before she got married. (she is the only one on the note) Currently, she is married and relies on her husband's income to make the loan payments. She is requesting relief under SSCRA becuase her husband has been called into active duty. Again, her husband is not a signer on the note. Can we grant her relief?

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Lending to Servicemembers (SCRA, JWNDAA), War, Terrorism
#61160 - 02/13/03 07:17 PM Re: SSCRA
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,530
Bloomington, IN
Can you grant her relief? Yes, you can honor a borrower's request to modify terms of a loan anytime you wish. Are you obligated to do so? No.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#61161 - 02/13/03 07:58 PM Re: SSCRA
only me Offline
Junior Member
Joined: Oct 2002
Posts: 45
Thanks for your help. Is there a section in SSCRA you can refer to?

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#61162 - 02/13/03 08:28 PM Re: SSCRA
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,530
Bloomington, IN
Section 526 applies to servicepersons and their debt. In this case the serviceperson has no debt with you.

However, you may want to look at this from a PR stand point, especially if your borrower relies solely on her husbands income. Although, IMO, you are under no obligation to reduce the rate under the Act, this may be the opportunity to build "goodwill" with this customer and within your community. How would it sound if this went to press. Even though you may be within your rights under the ACT, you would still be the big bad bank.

_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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