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Is the SCRA Rate Retroactive?

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Question: 
We have a customer who wants us to comply with the Servicemembers Civil Relief Act. I understand we have to drop the interest rate on the loan to 6% when called to active duty. They have sent us a copy of their orders but, from what I can tell they are just a change of duty order. They are enlisted in the Navy, and they feel we should make the rate retroactive to the date they entered the service, are they correct?
Answer: 

If they took out the loan prior to entering into the service, they are entitled to the 6% rate effective the date they reported to active duty. If they took out the loan after they were already on active duty they are not entitled to any rate reduction, even if being deployed overseas or to a combat zone. If they took out the loan prior to entering active duty you could refuse to grant the 6% rate if the borrower's financial circumstances were not adversely impacted from entering the service, but the burden of proof would be on you to prove no adverse impact. That combined with the potential reputation risk of a headline that says "ABC Bank Refuses Relief to Sailor", leads most banks to just go ahead and give the relief if the loan was taken out before entering into active duty.

First published on BankersOnline.com 7/03/06

First published on 07/03/2006

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