Home » Bankruptcy » SCRA or Service members’ Civil Relief Act II

SCRA or Service members’ Civil Relief Act II

Okay once again, I am not a lawyer I am a paralegal. So this is not legal advice this is legal information only. Also when you talk to a lawyer or a paralegal your problem becomes an ISSUE.
The SRCA not only protects active duty members of the army, air force navy and marines but also reservist, members of the national guard, the air national guard and commissioned officers of public health service, and or national oceanic and atmospheric service.
Here are some of the benefits you’re loved on and or family can get when they talk to a military base legal service and or independent lawyer with military experience about filing a SRCA bankruptcy.
There have been some recent changes SCRA or the Service member’s Civil Relief Act. Such as, if you are renting a house or an apartment and paying $3,139 or less a month the landlord must get a court order before they can evict your wife or husband while you are on active duty. Even if you signed the lease before joining an armed service. This also includes mortgage payments. The only condition is that the soldier or sailor must have actually lived there and still lists it as his/her home address.
While a SCRA is being processed it also can limit interest rates to 6%. On such things as credit cards, mortgages payments or any other loan you have. Even loans you entered into before going on active duty falls under SCRA protection. Also because of the interest rate restriction an SCRA can reduce the monthly payments on these accounts. Including your car payments.
While the SCRA is in effect lenders cannot cancel or change their rules on your loans or credit cards. After a SCRA has been completed lenders cannot use the fact you have used the SRCA as a reason to deny you a credit card or a loan.
Now let’s say someone files a civil suit against you. For example your spouse files for divorce, or your spouse gets bullied into foreclosure proceedings, or a standard bankruptcy. You can still get SCRA protection
Side-Note: Secretary of Defense Panetta in a memo dated February 11, 2013, confirmed that the SCRA protection also extends to and includes same-sex couples as well as traditional couples
Side-Note: On February 2, 2013 President Obama signed a law increasing the SCRA foreclosure protection from 90 days after military discharge to 9 months. Unfortunately this extension ends midnight January 1 2015.
However, part of the law says that before the extension ends President Obama wants to know how many people have used this extension.
Next week, more on the SCRA or the Service members Relief Act.
Most importantly how to get the damn thing started.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s