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How can the Service Member’s Relief Act reduce or stop my mortgage payments?
Posted on September 8th, 2010 3 comments
Katie asked:
I’m currently active duty, and had a preexisting mortgage and home equity loan before joining. I recently got pcs orders to my duty station which is four hours away. So I can’t live in my home anymore. In addition I’ve had my home for sale for a year and a half, no luck. We have also had no luck renting the home. These problems are due mostly to Michigan’s failing economy. I won’t be able to afford paying for my home, and a home near my workplace. But my question is how can the Act help me so that I can keep my house, good credit, and bring my family to live near my duty station so we can live together? Any understanding of this Act is appreiciated.
CatherineLaw & Ethics Act Help, Active Duty, Economy, Home Equity Loan, Mortgage Payments, Pcs Orders, Relief Act, Renting, Service Member3 responses to “How can the Service Member’s Relief Act reduce or stop my mortgage payments?”
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My thanks to you and good luck with this, I wish I could be of more help, but is there an ombudsman on base that you can ask for assistance on this?
Try this: Operation Enduring LAMP is an ongoing project of the ABA Standing Committee on Legal Assistance for Military Personnel.It is a consortium of state and local bar associations that have made a commitment to recruit volunteer attorneys, and in many cases offer training and facilities to volunteers, in order to assist military legal assistance providers with civil law matters affecting service members
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schazjmd September 10th, 2010 at 06:43
“The SCRA can also provide temporary relief from paying your mortgage. To obtain relief, a military member must show that their mortgage was entered into prior to beginning active duty, that the property was owned prior to entry into military service, that the property is still owned by the military member, and that military service materially affects the member’s ability to pay the mortgage.”
However, I think the “relief” it’s referring to is a stay of foreclosure — probably not quite what you’re looking for. You should contact your legal office for advice.
In the meantime, consider other options, such as rent out the existing house or live in the barracks at your new station and leave your family in the existing house until it sells.
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Chris L September 13th, 2010 at 10:02
I’d strongly advise dropping by the base Legal Office for current information on how the Relief Act applies to your situation and do so before any more time elapses. You don’t want to default on your mortgage payment because that may open up a whole new bucket of worms.
I know I wasn’t much help with info on the Act, but I want you to get better advice on this situation than you’re likely to find on YA.
Good Luck.
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philos34002 September 9th, 2010 at 14:37