How to Prevent Foreclosure Using the Servicemembers Civil Relief Act
The Servicemember's Civil Relief Act (SCRA) was originally enacted by Congress in 1940 to prevent civil action being brought against soldiers in time of war. The Act has been amended more than 11 times since, with the last amendment made in 2002 to protect servicemen and women serving in Operation Iraqi Freedom and Operation Enduring Freedom. Here are a few steps to help you prevent a foreclosure using the SCRA.
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Instructions
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Find out if you qualify by checking with an official SCRA website; there are many useful government sites that provide the text of the act. One of these is Servicemembers Civil Relief Act (see Resources below). Basically, any member of the armed services and some government employees working with the armed services in combat zones qualify for protection under this act.
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Tell your direct supervisor that you have received a foreclosure notice and you would like to apply for protection under the SCRA.
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Go to your unit's JAG component and make an appointment with a JAG lawyer or paralegal to apply for protection against foreclosure.
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Bring every single scrap of paper you can find pertaining to your mortgage and the threatened foreclosure. It is better to bring more than you need so your JAG representative is sure to have everything they need to file your paperwork.
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Be prepared to wait, but don't worry. The SCRA was designed to allow servicemembers to do their job without the distraction of worry of petty civil action.
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Tips & Warnings
Don't worry. The SCRA is set up to help you. The military is on your side, so you have one of the most powerful entities in the world fighting for you; just as you are willing to fight for your country.
The SCRA does not apply to members of the National Guard or Reserves who are not deployed on active duty overseas or deployed to handle a national emergency on U.S. Soil.
