Creditwrench has just posted in the ASK AN ATTORNEY forum of CreditWrench under the title of rss:Debt Law Network.
This thread is located at http://www.creditwrench.com/consumers/showthread.php?t=3849
Here is the message that has just been posted:
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The Servicemembers Civil Relief Act (SCRA) (http://usmilitary.about.com/od/sscra/l/blscramenu.htm), signed into law on December 19, 2003, limits collection tactics and enforcement of claims against active duty military personnel.* In this post, I will discuss how the SCRA protects activy duty military personnel from foreclosure.
Section 303 (Mortgages and Trust Deeds) (http://usmilitary.about.com/library/milinfo/scra/bl303.htm) of the SCRA forbids non-judicial foreclosure on real property owned by a servicemember based on an obligation created before entering active military duty.
If an action in foreclosure is filed during or within 90 days after a servicemember's period of military service AND the servicemember's ability to pay the obligation was materially affected by his/her military service, then the court may 1) stay the proceedings for a period of time and/or 2) adjust the obligation to preserve the interests of all the parties (i.e. the mortgage holder and the servicemember).* Any foreclosure sale held during or within 90 days after the servicemember's military service is NOT valid unless the court has issued an order allowing the foreclosure sale.
It is a criminal offense to knowingly violate this provision of the SCRA.
*If you liked that post, then try these...*
Debt Collectors In India Target Stimulus Tax Refund (http://www.debtlawnetwork.com/debt-collectors-in-india-target-stimulus-tax-refund/) by Andy Miofsky, Illinois Consumer Law Attorney
Landlord charged with serving fake eviction notice (http://www.debtlawnetwork.com/landlord-charged-with-serving-fake-eviction-notice/) by Chip Parker, Jacksonville Debt Law Attorney
New Jersey Moving Towards Legislation To Protect Consumers From Abusive Debt Collection Practices (http://www.debtlawnetwork.com/new-jersey-moving-towards-legislation-to-protect-consumers-from-abusive-debt-collection-practices/) by Jay Fleischman, New York Consumer Lawyer
More... (http://www.debtlawnetwork.com/feed/)
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