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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33072
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I also may have a unique situation. My husband and I are in

Customer Question

I also may have a unique situation. My husband and I are in the process of purchasing a home. He is currently stationed in Misawa japan. During the initial preapproval and processing of the loan there was no concern for an issue with this situation. We were initially told that he would have to be physically present to sign documents at closing however were told as long as we had a power of attorney that he would not have to be physically present. You've been obtained a special power of attorney from the legal office on base. After review by underwriting we were told that all of our financial documentation and numbers were fine good move forward HOWEVER due to the fact that he is " living in Japan" they cannot process the loan. We again explained that he is in fact an active-duty servicemember stationed in Japan with orders there until July 2018. I was told that this was a relevant that he was not residing in the US and therefore this disqualified us for moving forward with the mortgage.
I did not speak with underwriting directly and we are making an attempt to speak with a supervisor to further discuss this as I am not sure that they have a full understanding of our situation is all of this was relayed to me by our lender. Next lin I did not speak with underwriting directly and we are making an attempt to speak with a supervisor to further discuss this as I am not sure that they have a full understanding of our situation is all of this was relayed to me by our lender.
as an active-duty servicemember are there any policies are protocols are statues that protect deployed or member station overseas from this type of I guess you can call it discrimination. holding it against us because my husband who lives in Japan "does not seem fair or justifiable being that he is a legal resident Washington state and residing in Japan due to official US military orders rather than by choice or for leisure.
I was hoping you provide me with some information as to his right legally or any suggestions if you have ever heard of situation such as this. Thank you
Submitted: 1 month ago.
Category: Military Law
Expert:  P. Simmons replied 1 month ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 1 month ago.

I am sorry for this dilemma. There are numerous protections for active duty service members contained within the "service members civil relief act". They protections include, for example, a limit on interest that can be charged for a loan, the ability to cancel a lease if the member receives orders to move, the right to maintain residence in one state despite the fact they are transferred to another.

​But there are no protections that would require the lender to give the loan in the circumstances you are describing.

​That is, there is no law that would require the lender to provide this loan to your spouse when they would otherwise require him to live in the home.

​So there is no law you can invoke that require the lender to provide the loan

​I am sorry to be the one to bear this bad news.

​Please let me know if you have more questions, otherwise please accept the answer so I may receive credit for my work

Expert:  P. Simmons replied 1 month ago.

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil

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