What kind of legal protections am I entitled to if I qualify for the protections of the SCRA?
The SCRA states that a debt incurred by a servicemember, or servicemembers and spouse jointly, prior tot entering military service shall not bear interest at a rate above 6 percent during the period of military service.
The SCRA states that in a legal action to enforce a debt against real estate that is filed during, or within 90 days after the servicemember’s military service, a court may stop the proceedings for a period of time, or adjust the debt. In addition, the sale, foreclosure, or seizure of real estate shall not be valid if it occurs during, or within 90 days after the servicemember’s military service unless the creditor has obtained a court order approving the sale, foreclosure, or seizure of the real estate.
The SCRA contains many other protections besides those applicable to home loans.
The SCRA states that in a legal action to enforce a debt against real estate that is filed during, or within 90 days after the servicemember’s military service, a court may stop the proceedings for a period of time, or adjust the debt. In addition, the sale, foreclosure, or seizure of real estate shall not be valid if it occurs during, or within 90 days after the servicemember’s military service unless the creditor has obtained a court order approving the sale, foreclosure, or seizure of the real estate.
The SCRA contains many other protections besides those applicable to home loans.
Other Veterans Law FAQs
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What is veterans' law?
Obviously, if you are a veteran you are still subject to most of the same criminal and civil laws as the rest of us. However, there are certain laws that apply … more -
What is the Servicemembers Civil Relief Act (SCRA)?
The SCRA was created in 2003 completely replaced the Soldiers’ and Sailors’ Civil Relief Act (SSCRA) of 1940. The SCRA (and previously the SCCRA) … more -
Who is eligible for benefits and services under the laws of the Department of Veterans Affairs?
Generally, anyone who has served in the military, and was discharged from service under conditions other than dishonorable. Anyone who has enlisted with any … more -
Am I entitled to legal protections under the SCRA?
It depends. Those who qualify for the protections of the SCRA include the following: Active duty members of the Army, Navy, Air Force, Marine Corps, … more -
I was injured while serving in the military – am I eligible for any benefits?
It depends. In order to receive benefits for injuries from the Department an applicant must qualify for “active duty” status as discussed above, meaning … more -
I lied to the Department of Veterans Affairs so that I could receive benefits. What can happen to me?
If you intentionally make a false statement, or even help someone else present a false statement regarding benefits to the Department, you will forfeit all of your … more -
How does a servicemember or dependent request relief under the SCRA?
In order to request relief under the SCRA, a servicemember or spouse, or both, must provide a written request to the lender, together with a copy of … more -
During what time period do the protections of the SCRA apply?
SCRA protections generally begin the first date of the active duty period, and may extend from 30 days up to 180 days after the member is released from active duty. more -
I have been charged with a crime. Can that affect my receipt of benefits?
Yes. If you have been indicted for the commission of a crime the Department may suspend the distribution of any benefits, and you will forfeit your rights to any … more -
If I have forfeited my rights to benefits under the laws of the Department of Veterans Affairs, what affect does that have on my family receiving benefits?
If you have submitted a fraudulent statement or correspondence to receive benefits to the Department, your dependent family members may still receive benefits, even … more
