A temporary amendment to the Servicemembers Civil Relief Act (SCRA), which was originally set to expire on 12/31/2010, was recently extended for two more years. Thus, the 
amendment will now expire 12/31/2012. The original amendment extended the period of time (from 90 days to 9 months), following active service, during which legal action against real estate debt shall not be brought, or the sale, foreclosure or seizure of real estate shall not be valid.
What does this mean to you? You need to update the following section of your SCRA Notice to reference the 9 months timeframe:
What Legal Protections Are Servicemembers Entitled To Under the SCRA?
The SCRA states that, in a legal action to enforce a debt against real estate that is filed during, or within 9 months after the servicemember’s military service, a court may stop the proceedings for a period of time, or adjust the debt. In addition, the sale, foreclosure, or seizure of real estate shall not be valid if it occurs during, or within 9 months after the servicemember’s military service unless the creditor has obtained a court order approving the sale, foreclosure, or seizure of the real estate.
Published
2011/01/07
Deb Irving
Deb joined Banker’s Compliance Consulting with twenty years of experience in the banking industry. Her past positions include teller, credit review analyst, assistant financial officer, BSA Officer, Compliance Officer, and Director of Compliance. She has worked for both a small community bank and a large billion-dollar bank.
Deb has Associate Degrees in Business Management and Accounting. She is a graduate of the American Bankers Association National Graduate School of Compliance Management, an honors graduate of Schools of Banking Compliance School, and a graduate of Schools of Banking Advanced School of Banking. Deb’s considerable knowledge and experience make her a valuable member of the Banker’s Compliance Consulting Team. Deb is a Certified Regulatory Compliance Manager (CRCM) and a Certified Anti Money-Laundering Specialist (CAMS).
Deb loves to spend her free time cycling, running, kayaking and weight lifting with her husband. Between them, they have three adult children and six grandchildren. Other interests include anything outdoors and anything she hasn’t done or seen yet!