Judge rules on foreclosure issues re military servicemembers

On Behalf of | Feb 12, 2019 | Foreclosure |

Many U.S. military service members reside in Florida and other states when they are not on active duty overseas. The Servicemembers Civil Relief Act protects them against litigation, home foreclosure and other legal actions while they are serving active duty overseas. A federal court recently ruled that one of the nation’s largest mortgage service providers violated the rights of six servicemembers. 

Assistant Attorney General Eric Dreiband said U.S. military men and women should not have to worry about losing their homes while they are carrying out their active duty missions or when they have recently returned home from active duty. He further stated that the Civil Rights Division is committed to protecting the members of the nation’s armed forces from unlawful conduct. This is why PHH Mortgage Corporation has been ordered to pay $750,000, split between six servicemembers whose homes were foreclosed without required court orders. 

The Servicemembers Civil Relief Act was enacted in 2003 and prohibits lenders from seizing or foreclosing properties of U.S. military men and women while they are serving active duty or just recently returned from an overseas mission. The foreclosures in question are said to have taken place between 2010 and 2012. Each servicemember involved will receive $125,000.

There are also issues that would protect civilian residents in Florida or beyond from foreclosure. For instance, a Chapter 7 or 13 bankruptcy proceeding activates a stay in the process. An experienced real estate law attorney can answer questions regarding this topic or any other legal issue pertaining to privately or commercially owned property.


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