November 01, 2018

Mortgages and Trust Deeds

I live in a state that does not require a bank to go to court in order to foreclose on a home. Does the SCRA protect me?

If you took out your home mortgage (or deed of trust) before going on active duty, your creditor must go to court to get an order of foreclosure regardless of whether state law requires court action. This requirement is imposed on creditors for the duration of your active duty service and for up to nine months after you are released from active duty.

If your creditor goes to court to foreclose on your home, all of your rights in the court case, which are described in the section “What SCRA protections are available in legal proceedings?” will apply. If you are concerned about foreclosure, you should meet with a military legal assistance attorney right away. You may have other protections available, and many states have free or reduced-cost legal programs to provide you additional legal help.