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Foreclosures for Servicemembers- SCRA is a Kevlar Vest with Protections for Servicemembers!

mattweidnerlaw.com | June 11, 2014

By Matthew D. Weidner, Esq

Far too many members of the military that have served our country are suffering abuses at the hands of the banks. The worst thing about this is, there are important protections in place that provide absolute defenses to protect them….but only if they’re used properly:

From the national expert in SCRA, John Odom:

Members of the military rely on the Servicemembers Civil Relief Act to prevent foreclosures, evictions, and default judgments while on active duty. It is your client’s biggest weapon if you know how to harness its power.

The Servicemembers Civil Relief Act (SCRA) is the principal federal statute that protects members of the military in civilian legal matters—from evictions to nonjudicial foreclosures to installment contract termination. In one form or another, the statute has safeguarded servicemembers since the Civil War. In many respects, the SCRA alters the terms of conventional obligations, and some attorneys and judges unfamiliar with it may initially refuse to accept that your arguments have any basis in statute or case law.

It takes a strong advocate to carry these cases to a successful conclusion, but in recent years, more courts have been enforcing the SCRA. You must learn the ins and outs of the statute before you can protect your client’s rights.

The starting point for any argument in SCRA-related matters is Le Maistre v. Leffers and Boone v. Lightner. In both cases, the U.S. Supreme Court held that the statute “must be read with an eye friendly to those who dropped their affairs to answer their country’s call,” and you should reiterate this—always urge the court to construe the act liberally in your client’s favor. For years, almost every SCRA violation suit was met with a motion to dismiss alleging that the statute did not allow a private cause of action. Fortunately, servicemembers succeeded in persuading many courts that Congress would not have enacted a comprehensive set of protections only to have violators escape liability for encroaching on their rights while they were on active military duty. In 2010, Congress amended the SCRA to specifically recognize a private right of action for damages, declaratory or equitable relief, and attorney fees and costs.

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CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online).

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