any protection for military personnel?

I have a client that contacted me. Shes been in the home for 13 months and her husband just got out of the military (he just got home from Iraq) so he has no income.

For some reason I though there was a law protecting military personnel from foreclosure. Is that true or a figment of my imagination? If its true whats the specifics?

BTW the home has no equity since they have only been there 13 months. In the future, how can I handle a home with no equity beside a short sales? Have buyers lined up for lease option?

I have no idea myself, but I just came across this:

“You should also beware of one other thing that can halt foreclosure. It is called the Soldier Relief Act of 1940. When a property is owned by a person who is in the military and the mortgage payments are not made, then this relief act may stop foreclosure based on certain criteria. The person has to be in active duty in order to qualify. The mortgage loan had to be established before the soldier was called out to active duty. Not only will this stop foreclosure, but it will stop seizure of any personal property while the soldier is actively serving and several months thereafter.”

find out if it is a VA loan.

he isn’t active so the act won’t count.

If it is VA he can go to hi slocal VA office and they will pull th efile from the lender.

He may need to list the house to prove his intent but it will stop the sale between 90- 120 day.


It’s actually the “Soldiers’ and ilors’ Civil Relief Act of 1940” and has been changed to the “Servicemembers Civil Relief Act of 2003”:

Why is there no income? What happened to the military gig? Why would you leave employment having fiscal responsibilities to go home and sit on the couch and watch “Oprah”…?

As a retired Army officer, I’ve no real sympathy on this one…“Failure to plan on your part does not create an emergency on the part of others”!