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#727453 - 05/07/07 02:45 PM Definition?
Anonymous
Unregistered

What is the definition of “residential mortgage loan” under the Servicemembers Civil Relief Act?

thank you

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#727599 - 05/07/07 04:49 PM Re: Definition?
Anonymous
Unregistered

I can not fine where Section 101 defines a residential mortgage loan.
Would the definition be found in an other reg. for purposes of SCRA?
(Did the meaning of "residential mortgage loan" change for SCRA and/or what definition should be used?)

Thank you for any help with this!

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#731123 - 05/14/07 02:44 PM Re: Definition?
Nanwa Offline
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Nanwa
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Clintonville, WI, USA
I cannot find a definition, but I believe the purpose of this rule is to help a service person protect their home from foreclosure. So I think that any loan secured by their home would be subject to the notice. To be sure, I think any loan secured by a 1-4 family dwelling should receive the notice. I don't think we can get in trouble for overdisclosure on this reg.
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#731262 - 05/14/07 04:20 PM Re: Definition? Nanwa
Andy_Z Offline
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I would agree with Nanwa. The term is self-explanatory to the largest degree. You get get into some nit picking if there is more than one property owned and I'm sure there can be twists and turns. As the term "residential" applies to leases, it includes "premises occupied, or intended to be occupied, by a servicemember or a servicemember's dependents for a residential, professional, business, agricultural, or similar purpose..." Pretty broad.

The term "residential mortgage loan" isn't defined or used in the Act itself.
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