The Foreclosure Relief and Extension for Servicemembers Act of 2015 (S. 2393) is on its way to the President Obama’s desk for signature, providing additional mortgage protections for Veterans and Active Duty Servicemembers.
Once signed into law, the Foreclosure Relief and Extension for Servicemembers Act of 2015 will extend the period of protection relating to mortgages, mortgage foreclosure, and eviction until December 31, 2017.
Many Servicemembers and Veterans may remember the original law — the Soldiers and Sailors Civil Relief Act of 1940. The subsequent Servicemembers Civil Relief Act (SCRA), signed into law December 2003, expanded many civil protections to personnel called to active duty.
Protections Offered
The SCRA restricts or limits financial management related actions against personnel called to active duty, such as:
- Rental agreements (termination of housing or auto lease without repercussion)
- Security deposits
- Eviction protection (usually 3 months)
- Installment contracts
- Credit card interest rates (6% cap)
- Mortgage (sale, foreclosure, seizure)
- Civil judicial proceedings (stay of proceedings, default judgements)
- Income tax payments
Eligibility Verification
The Defense Manpower Data Center (DMDC) maintains an official website dedicated to the SCRA where users can obtain a free report certifying Title 10 active duty status under SCRA.
The online request requires the following information:
- Social Security Number or Birthdate
- First, Middle, Last Name
- Active Duty Status Date (only dates available are September 30, 1985 to present)
Note: The website will accept a birthdate, but warns that without a social security number, the active duty status cannot be “authoritatively asserted”, because a name and birthdate are not unique identifiers.
The purpose of the report is to verify active duty status to determine eligibility for protection under the Servicemembers Civil Relief Act. SCRA does not provide employment verification.
National Guard coverage
National Guard members serving under Title 32 are generally not covered by SCRA, with exception — “…a Title 32 member must be called …to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under section 502(f) of title 32, United States Code, for purposes of responding to a national emergency declared by the President and supported by Federal funds. “
References
Public Law 112-154, Section 710(d)
Title 50, United States Code, Section 3953