Soldier Sailor Relief Act
bought property on steps due to ratify 03/18.both motgagors in military stationed in europe.best i can gather proper papers filed for husband but not wife.both carrer military and were in military when original mortgage secured.wife may file exception for relief under soldiers/sailors.my understanding is if in military when mort secured there is no relief under act.also house leased for 2 years by agent w/ good renters paid more than mortgage pymnt seems they are hard pressed to[ Edited by spiderhitch on Date 03/10/2004 ]
show hardship due to deployment. whats my chances of getting this through www.ratification.really want this house
Couple of suggestions that might help you here:
First, slow down, separate your sentences, use caps when beginning new sentences. Makes it MUCH more readable.
Second, can't tell if you're wanting to know what S&S Civil Relief Act of 1947 says about this situation (nothing, because that act was for people who enter military AFTER mortgage signed), or whether you're wanting pre-foreclosure or short sale help.
So if you'll rewrite, a little more carefully, you'll probably find the help you're wanting.
John,Thanks.I have bought @ auction and am waiting for ratification.Attys handling foreclosure called and said may be snag that something had not been filed pre sale regarding wifes military standing.wanted me to agree to give mortgagees until April 1 to bring mortgage current and void sale.Said they may file exceptio to sale under S/S www.Act.It is my understanding also due to being active @ inception they dont qualify
Could someone re-post the link to the act referred to in this thread? I have a situation that may be just this.
I'll find out which occured first: bought house vs. entered Navy. Otherwise the owner is willing to go with a short.
I believe it's called the "service members civil relief act" now.
I'm not overly familiar with all the changes, but one of the new things is an automatic 90 day stay of civil proceedings if the service member requests it. In the past a request could be made and the courts could grant or deny, denial is still possible but highly unlikely, especially with the members being overseas. In the past hardship had to be proven, now the courts have to prove there wasn't hardship.
There is also protection against default judgments, meaning if the service member isn't heard from the court has to take action to protect them, generally meaning a stay. The service member can also get the judgment reopened after the fact.
Mykle
I'd check on one of the big search engines to find the Fed law itself and its amendments.
Put in: "Soldiers and Sailors Civil Relief Act" and you'll undoubtedly be looking at the Act itself, and its amendments to date, in a moment.
Wanted to update.Against all others advise and after much research I decided to fight to keep property I purchased at auction. Filed my own response motions but couldn't represent case in court because it was in LLC.Hired lawyer and won case on 05/26 .put for sale by owner sign in yard and expect 3 full price offers by end of www.weekend.If close quickly enough will assign title. Profit 35-40k depending on settlement expenses.PERSISTENCE PAYS !!!
What was the deal about being an LLC and not being able to present in court?
Don't be sure this is over.
Are you getting title insurance? If you aren't and you sell it representing that you own it (all), and Ms. Military comes home your buyers and you may have a BIG problem! Under a couple theories.
check out the new version of the law...
What spiderhitch did, might/could be considered a misdemeanor.
I NEVER! would have thought to comfirm the note holder are/were in the military.
SECTION 1. RESTATEMENT OF ACT.
The Soldiers’ and Sailors’ Civil Relief Act of 1940 (50 U.S.C.
App. 501 et seq.) is amended to read as follows:
‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
‘‘(a) SHORT TITLE.—This Act may be cited as the
‘Servicemembers Civil Relief Act’.
The section I found scary.
‘‘(1) MISDEMEANOR.—A person who knowingly makes or
causes to be made a sale, foreclosure, or seizure of property
that is prohibited by subsection (c), or who knowingly attempts
to do so, shall be fined as provided in title 18, United States
Code, or imprisoned for not more than one year, or both.
In Maryland an attorney must represent a corporation if case is above certain dollar amount. it can't be self www.represented.The court accepted my response to motion to rescind sale/ratification and set hearing date but required I secure legal representation. Owners bought house will active duty,collected rent in excess of mortgage and current duty had no material effect on their ability to www.pay.The owners had no real defense under SMCRA but had agent list house and .had contract for sale even though it had foreclosed and I was contract purchaser. I feel they wanted to stall sale and try to play for sympathy of court. The court ruled in my favor and motion to rescind was denied. i am proceeding w/closing . Title will be www.insured.It was interesting MESS,learned a lot.
SCRA does not prohibit or disallow foreclosure ,eviction or www.reposession.it gives servicemembers more leeway and insures ability to defend in absence or when duty creates hardship or inability to meet financial responsibility.At first it appears to give too much but must be examined www.closely.there must be reasonable justification for inability to pay and must be a direct result of their current military duties. They are automatically appointed court representation by a filing of Military Affidavit at the foreclosure www.filing.If filing is not done the courts have found it does not automatically overturn foreclosure only presents irregularities. That meritorius defense must be made proving material www.effect.The Act must be examined closely and in its entirety to determine if protection is provided.
Answering cjmazur's question: What's the deal about a corp not being able to represent itself?
Well, think about it...a corp can't stand up and speak, or sign its own name...can it?
So obviously some living person has to do those things for it...and if it's law practice, only a licensed atty is authorized by law to do so.
A legal way to avoid this problem is to have the corp or LLC own 99% of the property or contract, and keep 1% in your own name.
This way, you could prepare legal papers & go into court, anywhere, to represent yourself...and incidentally, to also speak for your "partner" the corp or LLC, it's having exactly the same interests you have personally.
I cjmazur, as an officer of my consulting corp. has acted as agent of the corporation in many cases.
The issue here was the jurisdictional limit. In CA I can go to small claim (5K), Municipal (15K), but must have an attorney for Superior or Federal court.
1% ownership doesn't buy you anything either, as it's the manager or majority of members of the LLC that has authority to act.
Again, these might be CAism.
This case was Circuit Court and above the $5000 hence requiring legal www.representations.I thought as managing member i could represent but wrong. Interesting on 1% ownership and will inquire. Thanks !