air force

How can you protect your home and other assets when you go active duty?

How can you protect your home and other assets when you go active duty?

The Servicemembers Civil Relief Act (SCRA) protects active duty military personnel and other deployed service members from losing their home and other assets while they are serving active duty, temporarily stationed somewhere else, or permanently relocated...

Servicemembers Civil Relief Act (SCRA)

Servicemembers Civil Relief Act (SCRA)

The Servicemembers Civil Relief Act (SCRA) protects active duty military personnel and their immediate families from financial hardships and a variety of legal issues. The SCRA protects people involved in the United States armed forces, the national guards, public health services, and other administrative positions. Active duty personnel must request protection services from an armed forces legal assistance office.

Active duty personnel may request reduced interest rates on a mortgage, credit card, automobile loans, or other loans through the SCRA. Interest rates are reduced to at least six percent and are allowed to be applied to monetary obligations obtained before active duty. Credit reporting agencies and lenders cannot use approved SCRA reduced rates in a harmful way to lower a consumer credit score.

People receiving protection through the SCRA are not allowed to be evicted from a rental property without a court order. The average rental property that is protected under these rights are around 3,000 dollars a month and change a little every year. The SCRA also protects the right to judicial relief to postpone a civil court issue at least 90 days with court approval.  Active duty personnel may also request a civil court case to be reopened if failing to appear in court due to temporary relocation. Criminal court proceedings are not protected under judicial relief.

People selected for active duty positions requiring deployment more than 90 days have the right to request termination of a property lease without penalties. Residential and business properties are protected and filing for termination can take place before leaving or during active duty if extended. Termination of a car lease is possible if active duty position requires deployment for 180 days.

If an active duty position effects a person’s ability to pay mortgage rates on a housing contract, the SCRA can provide legal assistance to keep a property from foreclosing. Mortgage companies must receive a court order to file foreclosure on the home of military personnel involved in active duty. Automobile companies must also receive a court order to repossess a vehicle for missed payments.

Military personnel required to move from their home state is provided state tax relief under the SCRA. A person may request to continue paying the taxes of their home state on military income and personal property. Military personnel are also allowed to reinstate cancelled insurances without penalties after ending an active duty term. Insurances may include health insurance, life insurance, home insurance and other plans.

Doucet & Associates Co. L.P.A. in Ohio helps people enforce rights based on the SCRA. Please contact us today if you or someone you know needs help.


Did you like our article? Please follow us on Facebook and Linkedin to catch our most recent articles!