According to statistics,
roughly five percent of military personnel on active duty reside in
Florida. That's roughly 60,000 soldiers and officers stationed in
different parts of the country, if not the world, away from their
loved ones. Even if they're still in Florida, daily military life can
get in the way of civvie life, which includes paying loans.
To enable soldiers to
concentrate on their duties, the Servicemembers Civil Relief Act
(SCRA) was signed into law in 2003. It amended the 74-year-old
Soldiers' and Sailors' Civil Relief Act, specifically aspects related
to mortgage payments. The SCRA can be a great defense for active duty
personnel when faced with foreclosure.
According to Section 537,
creditors are prohibited from foreclosing properties belonging to a
servicemember for as long as he or she is on active duty plus 90 days
after being discharged. If the servicemember was discharged before
December 31, 2014, the protection period is equal to the length of
active duty plus 270 days (but will revert to 90 days after the
date).
To benefit from the SCRA,
an enlisted personnel must meet the definition of "active duty."
This includes not only soldiers stationed in overseas bases but also
those in U.S. bases. As per 10 USC 101(d)(1), active duty also
includes full-time training duty at peacetime.
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