We have a mortgage loan customer who was recently (June '06) called to active duty. At the time he received his orders, he was very delinquent and we had just initiated foreclosure. When the customer notified our attorney that he was active duty, the foreclosure was stopped.

Is there any way we can continue foreclosing on the property without being in violation of SCRA? The loan is now 500+ days past due and he hasn't made any payment at all since December '05. The loan was originally to refi his primary residence, but he had moved out (several months prior to being called to active duty) and is now renting the residence to someone.

I appreciate any information. Thanks!

You can request an exemption from the courts and the borrowers SCRA protection can be goten around. But you MUST go to court per section 303 of SCRA.

Sounds like you have good case

Don, thanks for your assistance!