SCRA HUD Notice & Bankruptcy

Can a bank send the SCRA HUD and Home Ownership Counseling notice to borrowers what are in bankruptcy?

Wouldn't those be sent with the past due notices/letters (that's when we send ours)? Unless the bankruptcy stay has been lifted collection activity is prohibited.

This question would be best asked of the bank's attorney.

Although it has little real purpose for a borrower in bankruptcy, I've never seen any ruling on it and since it is more a resource and counselling availability notice I would be inclined to send it to the debtors attorney with a cover letter indicating the bank is aware of the proceedings but has an obligation to notify the debtor about these options available to them. Bank counsel may best word it, as Dan noted, but hopefully you'd only pay for that wording once.

Question related to the SCRA notice; if there was a violation of the Homeownership Counseling Act that was connected to the SCRA notice, would any SCRA penalties be applicable? Would this only be a violation of the HCA or would it also be a violation of SCRA? Thank you.

The "SCRA Notice" as we call it isn't under the SCRA. It was a HUD requirement 2006-28 as I recall. So there is no SCRA violation.