No foreclosure without a court order during service and for 1 year after
50 U.S.C. § 3953(a)
In plain words
If you took out your mortgage before you entered military service, a foreclosure sale during your service — or within 1 year after it ends — is not valid unless a court approves it first (or you signed a valid waiver). A court can also pause the case or adjust the loan if military service affected your ability to pay.
Who is protected
Servicemembers (and co-owners on the loan) whose mortgage was taken out before their current period of military service.
When it applies
- Only after a notice of default, once a sale date is set or after the foreclosure sale.
- Only if you (or your spouse) are in military service.
- The mortgage must have been taken out before the period of military service began.
- Protection lasts during service and for 1 year after it ends.
What you can do
Tell your servicer you are in military service
Send the servicer written notice and a copy of your orders. Ask it to confirm SCRA protection in writing.
Mark the end-of-service date
Add the date your service ends, plus one year, to your deadlines.
Open the tool
Honest limits
- It does not cover a mortgage you took out after you entered service (other SCRA protections may still apply).
- A court can still allow a foreclosure. The protection is the court's review, not a guarantee to keep the home.
- A written waiver signed during or after service can give up this protection — read anything you are asked to sign.
- Free help: your installation's legal assistance (JAG) office can review SCRA issues with you.
- This is general legal information, not legal advice, and it does not promise any result. A HUD-approved housing counselor or a lawyer can look at your facts.
The law
- Federal lawSCRA — covered mortgages
50 U.S.C. § 3953(a)
Exact part: (a)
What it says: Covers obligations secured by a mortgage or deed of trust that began before the servicemember's military service.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3953&num=0&edition=prelim - Federal lawSCRA — stay and adjustment
50 U.S.C. § 3953(b)
Exact part: (b)
What it says: In a case filed during or within one year after service, the court may stay the case or adjust the obligation if service materially affects the ability to pay.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3953&num=0&edition=prelim - Federal lawSCRA — sale not valid without court order
50 U.S.C. § 3953(c)
Exact part: (c)
What it says: A sale, foreclosure or seizure during or within one year after service is not valid without a court order or a valid waiver.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3953&num=0&edition=prelim
Court cases
- Homeowner lostSame topicBoren v. U.S. National Bank Ass'n
Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)
a lender may abandon a prior acceleration by giving notice that it seeks less than the full accelerated balance, which restarts the four-year limitations period
- Homeowner lostSame topicMartins v. BAC Home Loans Servicing, L.P.
Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)
a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable
- Partial winSame topicReinagel v. Deutsche Bank National Trust Co.
Reinagel v. Deutsche Bank Nat'l Tr. Co., 735 F.3d 220 (5th Cir. 2013)
a Texas borrower may challenge an assignment of the loan on any ground that renders it void, though not on grounds that make it merely voidable
- Partial winSame topicCulhane v. Aurora Loan Services
Culhane v. Aurora Loan Servs., 708 F.3d 282 (1st Cir. 2013)
a mortgagor may contest the validity of a MERS assignment to the foreclosing entity, although the MERS framework itself is lawful
- Homeowner wonSame topicJerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)
the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires
- Homeowner lostSame topicWhittier v. Ocwen Loan Servicing, L.L.C.
Whittier v. Ocwen Loan Servicing, L.L.C., 594 F. App'x 833 (5th Cir. 2014) (per curiam) (unpublished)
a RESPA claim against a servicer fails without evidence of actual damages caused by the violation
Related rights
Interest capped at 6% on debts from before service
50 U.S.C. § 3937(a)(1)
If you (or you and your spouse together) owed a debt before you entered military service, the interest rate is capped at 6% per year while you serve. For a mortgage, the cap lasts during service and for 1 year after. Interest above 6% is forgiven, not just delayed. You must send the creditor written notice and a copy of your orders.
Read this rightPause a court case while on military duty
50 U.S.C. § 3932(b)(1)
If you are in military service and get sued, the court must pause the case for at least 90 days if you ask and show that your duty keeps you from appearing. Before a court can enter a default judgment against you, the other side must file a sworn statement saying whether you are in the military, and the court may appoint a lawyer for you.
Read this rightVA loans: servicing and workout options before foreclosure
38 C.F.R. § 36.4350(f)
If you have a VA-guaranteed home loan, the lender must have a system to work with delinquent borrowers: try to reach you by phone, send letters that explain your options, and make a face-to-face interview or a reasonable effort to arrange one when it has not reached you. VA lists workout options in order of preference: repayment plan, special forbearance, loan modification, short sale, and deed in lieu of foreclosure.
Read this rightThe right to be heard in court, and to speak for yourself
U.S. Const. amend. XIV, § 1Due Process Clause
Due process means that before the government, through a court, takes your property, you must get a meaningful chance to be heard. In federal court, you have a legal right to present your own case without a lawyer. Most state courts also let people represent themselves, under state rules.
Read this rightThe right to real notice before the government takes or sells your home
U.S. Const. amend. XIV, § 1Due Process Clause
Before a state or county sells your property — for example at a tax sale, or through a court foreclosure — the Constitution requires notice that is reasonably likely to actually reach you. If the government knows your address, publishing a notice in the newspaper is not enough. If a mailed notice comes back unclaimed, the government must take extra reasonable steps to reach you, if it practicably can.
Read this rightThe automatic stay: filing bankruptcy pauses most collection
11 U.S.C. § 362(a)
When a bankruptcy case is filed, an "automatic stay" goes into effect right away. It generally stops lawsuits, foreclosure steps, and other collection against you and your property, without anyone needing to ask a judge. Creditors who knowingly violate it can owe damages.
Read this right