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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27105
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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can an active military person be evicted from their home

Resolved Question:

can an active military person be evicted from their home?
Submitted: 4 years ago.
Category: Military Law
Expert:  P. Simmons replied 4 years ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Yes. If they do not pay rent they can be evicted. Now, the service members civil relief act provides some protection...this federal law requires that only a court can evict an active military member...you can see the protections here

http://usmilitary.about.com/library/milinfo/
scra/bl301.htm

But if the member is not paying rent, unless they can show the reason they can not pay rent is due to military service, the court will likely evict.

Customer: replied 4 years ago.
i was in the middle of loan modification with mortgage lender. they had copy of orders showing active military service effective 3/11/2010. On 3/10/2010 a third party showede up at my door and said they had purchased my home at auction on 2/25. I contacted lender and they said the modification had been denied, but they never contacted me. it was denied on 2/1 and I spoke with them on 2/17 checking for an update and they they were still reviewing my file. new ownere says i can buy it back from him of be out by end of may. i was paying lender 2,021.00 monthly. the lender even accepted apayment form me for march even after they hads sold my home to 3rd party.
Expert:  P. Simmons replied 4 years ago.
OK...you may well have a case...the Service Members Civil Relief states that Mortgage lenders may not foreclose, or seize property for a failure to pay a mortgage debt, while a service member is on active duty or within 90 days after the period of military service unless they have the approval of a court.


The problem you may have is if the foreclosure took place PRIOR to your entry on active duty...then the SCRA will not help you...so you have to determine when the foreclosure actually happened...if AFTER you came on active duty, then you can reverse it...if not, not.

Customer: replied 4 years ago.

does the service memberscivil relief act protect me against eviction from the new owner since i am currently on active duty? i have not been served with eviction. new owner is giving me opportunity to buy back from him.

Expert:  P. Simmons replied 4 years ago.
No...not if you are not on the title...you may be able to delay the hearing a few weeks..but other than that it will not help you at alll

Customer: replied 4 years ago.
i am on title so would I be protected??!!!
Expert:  P. Simmons replied 4 years ago.
Sorry, perhaps I missed something...I thought you said the foreclosure sale was over? Is that not the case?
Customer: replied 4 years ago.
that is correct. the new owner of my home has given me an option to purchase my back from him. however if i can not do so he will want the home vacated by end of May. I have no rental aggreement with him at this point. hence my question can he evict me under these circumstances
Expert:  P. Simmons replied 4 years ago.
OK, if the foreclosure sale is done, then title has transferred...you no longer are on the title.

IF you enter into an agreement with him, you can hold him to that agreement.

But if you are not paying rent he can evict you.

The SCRA is not a "get out of jail free card"...it offers service members limited protection in many cases, but it will not help you after your home is foreclosed.


P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27105
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and 3 other Military Law Specialists are ready to help you

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P. Simmons
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Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.