Thursday, September 18, 2014

The Servicemembers Civil Relief Act

Are you an active Service member with the Army, Navy, Air Force, Marine Corps or Coast Guard?   Are you or a dependent facing a foreclosure of your personal residence? Under the Servicemembers Civil Relief Act (SCRA) your primary residence cannot be foreclosed upon while you are on active duty. Your home cannot be foreclosed upon even if you were discharged within the last year.

50 U.S.C §501-596 provides that any foreclosure of real property for non-payment of any amount due and is secured by a deed of trust is invalid if conducted while that individual is either in active military service, or within one year after the debtors military service ends. Furthermore if you have been foreclosed upon while an active Servicemember the entity(s)will be exposed to damages including attorney fees and costs under 50 U.S.C. 597a(B) along with possible being guilty of a misdemeanor, under 50 U.S.C. 533(D) which states “A person who knowingly makes or causes to be made a sale, foreclosure, or seizure of property that is prohibited by subsection (c), or who knowingly attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both.”

The Law Offices of Jason W. Estavillo, PC were retained by a Servicemember who ended their active service in August 2013. That individual was facing a foreclosure on June 24, 2014 in Alameda County. We were retained less than a week before the foreclosure sale and were able to stop it two days after being retained.

If you are a Servicemember and are facing a foreclosure or if you have been foreclosed upon we might be able to help you under The Servicememembers Civil Relief Act and other related laws. We are well versed in fighting the banks and have been very successful in stopping foreclosures both under federal and state law.

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