Protect Your Home While You Protect Our Country
The Servicemembers Civil Relief Act (SCRA) gives active-duty military, reservists, and National Guard members powerful legal protections against foreclosure. If your lender violated these rights, we can help you fight back.
What the SCRA Protects
The Servicemembers Civil Relief Act is one of the most powerful foreclosure defense tools available — but many service members don't know their rights. Here's what the law protects.
Court Order Required
Under 50 U.S.C. § 3953, lenders cannot foreclose on a pre-service mortgage without a court order if you're on active duty. Any non-judicial foreclosure or sale conducted without court approval during your protected period may be void and can be set aside retroactively.
6% Interest Rate Cap
SCRA § 3937 caps interest on pre-service debts at 6% for the duration of active duty plus one year. This applies to mortgages, credit cards, car loans, and student loans. The lender must forgive the excess interest and recalculate your monthly payment — saving hundreds each month.
90-Day Post-Service Protection
Under 12 U.S.C. § 3954, lenders cannot initiate foreclosure for 90 days after your active-duty service ends. This gives you time to transition back to civilian life, find employment, and address mortgage issues without immediate threat of losing your home.
Default Judgment Protection
If you're sued for foreclosure while on active duty, courts must appoint an attorney to represent you before entering a default judgment. The court must also require the lender to certify whether you're in military service — and if the lender lies, you may have a separate claim.
Stay of Proceedings
You can request a minimum 90-day stay of any foreclosure proceeding if your military duties materially affect your ability to appear in court or defend the case. The court must grant this stay unless it finds your ability to defend is not materially affected — a very high bar for the lender.
VA Loan Specific Protections
VA-guaranteed loans have additional protections beyond SCRA: the VA can intervene directly with your servicer, appoint a VA loan technician to advocate for you, and in some cases make your mortgage payments for up to 12 months through the VA Servicing Purchase program.
Lenders Violate SCRA Rights Every Day
Major banks have paid hundreds of millions in SCRA violation settlements. JPMorgan Chase paid $62 million for illegally foreclosing on active-duty service members. Wells Fargo, Bank of America, Citibank, and others have all faced DOJ enforcement actions for SCRA violations — including wrongful foreclosures, illegal interest charges, and repossessions.
If your lender foreclosed or filed for foreclosure while you were on active duty without a court order, the foreclosure may be void. You may be entitled to damages.
Common SCRA Violations We Challenge
Our team identifies and documents these violations to build your defense and, when appropriate, pursue affirmative claims against your lender.
Non-Judicial Foreclosure Without Court Order
In non-judicial foreclosure states, lenders routinely foreclose on active-duty service members without obtaining the court order required by SCRA — rendering the foreclosure potentially void. We challenge the foreclosure and seek to set aside any completed sale.
Failure to Check Military Status
Lenders are required to verify your military status before filing foreclosure. Many skip this step or rely on outdated information. We hold them accountable for failing to check.
Excess Interest Above 6%
If you didn't receive the SCRA rate cap on your mortgage — or if the lender ignored your written request — they owe you a refund of excess interest plus potential damages. We calculate what you're owed and pursue recovery.
Foreclosure During Protected Period
The 90-day post-service protection is mandatory. If a lender initiated foreclosure within 90 days of your discharge, we challenge the entire proceeding as unlawful and seek dismissal.
Default Judgment Without Appointed Counsel
If a default foreclosure judgment was entered against you while on active duty without court-appointed counsel, the judgment may be voidable. We file to vacate and reopen your case.
SCRA False Certification
Lenders must file a notarized affidavit certifying whether you're in military service. A false certification — even an innocent mistake — can support a wrongful foreclosure claim and monetary damages.
Who Is Covered by the SCRA?
The SCRA covers a broad range of military personnel. If any of these apply to you, you may have SCRA protections.
Important: SCRA protections require that the mortgage was originated before your active-duty service began, and that your military service materially affects your ability to meet the obligation. If you received your mortgage while already on active duty, different protections may apply — we can help you evaluate your specific situation.
How We Build Your SCRA Defense
Military Status Verification
We document your active-duty dates, review your orders, and confirm your SCRA eligibility period. This creates the foundation for every defense and claim that follows.
Violation Identification
We analyze every stage of the foreclosure process — from notice through sale — checking for SCRA compliance at each point. We also audit your interest charges for rate cap violations.
Document Preparation
We prepare motions to vacate, answers with SCRA affirmative defenses, and demand letters to lenders. For completed sales, we prepare motions to set aside the foreclosure.
Resolution & Recovery
We pursue the best outcome for your situation — whether that's loan reinstatement, a modification with SCRA protections, dismissal of the foreclosure, or monetary damages for SCRA violations.
Frequently Asked Questions
Related Services for Military Homeowners
Active Duty? Your Home Has Special Protections — Don't Let Lenders Ignore Them
Get a free, confidential SCRA case review. We'll tell you exactly what protections apply to your situation.
Available Monday–Friday · 10:00 AM – 6:00 PM Pacific
Get Your Free Full Case Review
Tell us about your situation — our senior legal team will review every detail and contact you within 24 hours with a tailored plan. No obligation. 100% confidential.
Submit Your Information
Tell us about your situation in complete confidence.
Case Analysis
Our legal team reviews your documents and foreclosure status.
Receive Your Strategy
We outline your best options and recommended path forward.
We Get to Work
Your dedicated team begins protecting your home and rights.