The Servicemembers Civil Relief Act (SCRA) provides powerful foreclosure protections for active-duty military personnel — including a mandatory stay of proceedings and a 6% interest rate cap. Learn your SCRA rights and how SCRA violations can stop a foreclosure in its tracks.
Get Free Case ReviewThe Servicemembers Civil Relief Act (SCRA), formerly the Soldiers' and Sailors' Civil Relief Act, is a federal law (50 U.S.C. §§ 3901-4043) that provides legal protections to active-duty military members. Its purpose is to allow servicemembers to devote their full attention to military duties without being distracted by civil legal proceedings — including foreclosure.
Under the SCRA, a lender cannot foreclose on a servicemember's property without a court order if the mortgage was entered into before the servicemember's active duty began. This applies even in non-judicial foreclosure states — the SCRA overrides state law.
SCRA Is an Absolute Defense
If you are an active-duty servicemember and your mortgage was taken out before you entered active duty, a non-judicial foreclosure without a court order is illegal under the SCRA — period. Any foreclosure conducted in violation of the SCRA is void, not just voidable.
| Protection | SCRA Provision | Duration |
|---|---|---|
| Foreclosure Stay | No foreclosure without court order if mortgage originated before active duty | During active duty + 1 year after |
| Judicial Foreclosure Stay | Court must grant 90-day stay upon servicemember's request | Minimum 90 days; court can extend |
| 6% Interest Cap | Interest rate on pre-service debts capped at 6% | During active duty (for mortgage: +1 year after) |
| Default Judgment Protection | Court cannot enter default judgment without appointing attorney for servicemember | During active duty + 90 days after |
| Eviction Stay | Eviction stayed if rent ≤ threshold (adjusted annually) | During active duty |
The SCRA gives you powerful protections that can stop foreclosure immediately. We'll help you assert your rights and prepare the necessary documents to enforce your SCRA protections.