November 11th was Veteran’s Day, a day set aside to honor the men and women throughout the years who have bravely fought for the rights and freedom of the American people. These men and women have suspended their lives, said good-bye to loved ones, and left to defend our country, often leaving behind homes and mortgages. But what happens when these men and women are deployed to active duty and are not able to make their house payments? The Servicemembers Relief Act (SCRA) provides a wide range of protections for servicemembers.
According to the Servicemembers Civil Relief Act (SCRA), any active Servicemember with the Army, Navy, Air Force, Marine Corps, or Coast Guard has certain civil right to protect their homes. In some instances these rights allow the service man or woman to have their mortgage payments suspended or postponed to allow them to focus on their duty and to relieve the family members who are left behind from the burden and stress of a house payment. The Act further states that courts have a duty in certain instances to stop foreclosure proceedings if a Servicemember is unable to meet their financial obligation as a result of their deployment and up to one year following their deployment.
While the law may be in effect to protect those who are defending our country, not every entity chooses to follow the law. In one situation, Law Offices of Jason W. Estavillo, PC were retained by a Servicemember whose house was one week from being foreclosed upon in Alameda County. This Servicemember was within her rights not to be foreclosed upon, since the foreclosure went into effect less than a year after she was discharged. Within two days of being retained, the Law Offices of Jason W. Estavillo, PC stopped the foreclosure, and the veteran and her family were able to stay in their home.
If you are an active Servicemember or the dependent of an active Servicemember and your primary residence is in danger of being foreclosed upon or has been foreclosed upon, Law offices of Jason W. Estavillo, PC might be able to help. We have years of experience challenging banks and have had success winning cases against the big banks to keep people in their homes. Under the Servicemembers Civil Relief Act and other related laws, we may be able to stop your house from being foreclosed upon in addition to getting your attorney fees and costs paid.
If you are facing a foreclosure, please do not hesitate to contact us to discuss your case. We offer free consultations in a confidential, non-judgmental setting. We have helped thousands in your situation, and we may be able to help you too.
More information about the Servicemember Civil Relief Act