Does the SCRA protect the family of a servicemember?

UPDATED: Feb 17, 2012

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Does the SCRA protect the family of a servicemember?

Almost 6 years ago, I bought a home through the USDA Rural Development and a few months later married my husband. He then joined the US Army and after basic training, we were stationed as a family across the country. We couldn’t get anybody to rent our home and we couldn’t afford to pay for 2 homes, so the home went into foreclosure. Now looking at SCRA guidelines, I am beginning to wonder if we were protected under that since we were married and therefore it was the servicemember’s home, even if he wasn’t listed on the mortgage. Was the foreclosure illegal?

Asked on February 17, 2012 under Real Estate Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

From what you have written about the foreclosure if the one home, it does not appear that you and your husband were subject to the requirements of the SCRA for the simple fact that your husband who was in the military was not obligated on the loan for the home that was lost and may not have been on legal title to it.

Had he been on legal title and on the loan to that home, that would be a different issue.

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