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Interest capped at 6% on debts from before service

50 U.S.C. § 3937(a)(1)

In plain words

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.

Who is protected

Servicemembers, and spouses on joint debts, for debts incurred before entering military service.

When it applies

  • Only if you (or your spouse) are in military service.
  • The debt must have been incurred before entering military service.
Check whether it applies to you

What you can do

  • Send your interest-cap request with orders

    Write to each creditor asking for the SCRA 6% rate and attach your military orders (or a letter from your commanding officer).

    Deadline: No later than 180 days after your service ends. The cap reaches back to the start of service.

    Open the tool

Honest limits

  • Does not apply to loans taken out during service.
  • A creditor can ask a court to deny the cap if military service did not materially affect your ability to pay.
  • 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

  1. Federal lawSCRA — 6 percent interest cap

    50 U.S.C. § 3937(a)(1)

    Exact part: (a)(1)

    What it says: Pre-service debts may not bear more than 6 percent interest during service, and for mortgages, for one year after.

    Read the official text
  2. Federal lawSCRA — excess interest forgiven

    50 U.S.C. § 3937(a)(2)

    Exact part: (a)(2)

    What it says: Interest above 6 percent that would have been charged is forgiven.

    Read the official text
  3. Federal lawSCRA — notice and orders

    50 U.S.C. § 3937(b)(1)

    Exact part: (b)(1)

    What it says: The servicemember must give the creditor written notice and a copy of orders no later than 180 days after service ends.

    Read the official text

Court cases

  • Homeowner wonSame topic
    Renfroe v. Nationstar Mortgage, LLC

    Renfroe v. Nationstar Mortg., LLC, 822 F.3d 1241 (11th Cir. 2016)

    a servicer that answers a borrower's written request without a reasonable investigation may be liable under RESPA when the borrower alleges resulting damages

  • Homeowner wonSame topic
    Jesinoski v. Countrywide Home Loans, Inc.

    Jesinoski v. Countrywide Home Loans, Inc., 574 U.S. 259 (2015)

    a borrower exercises the Truth in Lending right to rescind by notifying the lender in writing within three years, without needing to sue within that period

  • Homeowner wonSame topic
    Marais v. Chase Home Finance LLC

    Marais v. Chase Home Fin. LLC, 736 F.3d 711 (6th Cir. 2013)

    a borrower who alleges actual damages, such as added interest, caused by a servicer's deficient response to a qualified written request states a RESPA claim

  • Homeowner wonSame topic
    Jerman 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 wonSame topic
    Kaltenbach v. Richards

    Kaltenbach v. Richards, 464 F.3d 524 (5th Cir. 2006)

    a person who meets the FDCPA's general definition of debt collector is subject to the whole Act even while enforcing a security interest

  • Homeowner wonSame topic
    Heintz v. Jenkins

    Heintz v. Jenkins, 514 U.S. 291 (1995)

    the FDCPA applies to lawyers who regularly collect consumer debts, even through litigation

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