Are we back to 90 Days from the 9 Months outlined below?


SCRA - Prohibits the sale, foreclosure, or seizure of property, based on a breach of contract or debt secured by a mortgage, trust, deed, or similar security interest in real property or personal property owned by a servicemember, during the period of military service or within 9 months** thereafter.

**Section 2203(a) of HERA (The Housing and Economic Recovery Act of 2008, passed in July 2008) extended the stay, adjustment, sale, foreclosure, and seizure provisions from 90 days to 9 months following the end of the servicemember’s period of military service. On January 1, 2011, the SCRA will revert back to the provision of 90 days that was in effect before the date of this enactment.)

And how old is the source of that quote? Here's what you'll find in the BOL copy of the SCRA, as a note to section 533(c) [Sec. 303(c) of the Act]:

(c) SALE OR FORECLOSURE-

A sale, foreclosure, or seizure of property for a breach of an obligation described in subsection (a) shall not be valid if made during, or within 90 days2 after, the period of the servicemember's military service except--

2"90 days" temporarily replaced by "9 months" by Sec. 2203(a) of the Housing and Economic Recovery Act of 2008, effective from 7/30/2008 through 12/31/2010. On 12/29/10, the president signed into law the "Helping Heroes Keep Their Homes Act of 2010," which extends the HERA provision through 12/31/12.

(1) upon a court order granted before such sale, foreclosure, or seizure with a return made and approved by the court; or

(2) if made pursuant to an agreement as provided in section 107 [section 517].


You'll find a copy of the SCRA and many other laws and regulations on the BOL Alphabet Soup page, at www.bankersonline.com/abcsoup/abcsoup.html

The nine month time frame was extended shortly before the end of 2010. Under the “Helping Heroes Keep Their Homes Act of 2010,” this protection period will not revert to 90 days until January 1, 2013.