All too often, servicemembers who are called to active duty can no longer afford to continue making installment payments on their car loans, mortgages, and other types of personal property. The Servicemembers Civil Relief Act protects your real and personal property while you’re on active duty – as long as your ability to make the payments is “materially affected” by your service.
In order to be protected under this provision of the SCRA, you must have paid a deposit or made a payment prior to being called to active duty. If that’s the case, the company holding the loan can’t repossess your car or other property for nonpayment of the loan. Moreover, the company can’t terminate the contract or breach the terms of the contract, unless a court says it’s okay.
Similarly, your home can’t be foreclosed upon while you’re on active duty, providing your ability to make payments is “material affected” by your service, you or your family member owned the property before you were called to active duty, and you or your family member still own the property. This protection extends for 90 days after your active duty service ends. The SCRA provides help for servicemembers facing foreclosure: 1) Delaying foreclosure proceedings, or reducing payments and extending the life of the mortgage; or 2) Reopening or setting aside a court judgment foreclosing the home.
If you’ve had your property repossessed, have been unable to get your interest rates lowered to 6%, have been hounded by debt collectors, or have had a default judgment entered against you while on active duty in the military, complete the form to the right for a FREE evaluation, or call toll-free 855-301-8100. The legal team at Lemberg & Associates is committed to fighting for your rights under the Servicemembers Civil Relief Act and under other applicable laws.
