SERVICEMEMBER’S CIVIL RELIEF ACT. Active Duty: Full- time duty in the active military service of...

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SERVICEMEMBER’S CIVIL RELIEF ACT

Transcript of SERVICEMEMBER’S CIVIL RELIEF ACT. Active Duty: Full- time duty in the active military service of...

Page 1: SERVICEMEMBER’S CIVIL RELIEF ACT.  Active Duty: Full- time duty in the active military service of the U.S.  Non-Active Duty: Retired personnel or a.

SERVICEMEMBER’S CIVIL RELIEF ACT

Page 2: SERVICEMEMBER’S CIVIL RELIEF ACT.  Active Duty: Full- time duty in the active military service of the U.S.  Non-Active Duty: Retired personnel or a.

Active Duty: Full-time duty in the active military service of the U.S.

Non-Active Duty: Retired personnel or a reserve unit not on active duty

DEFINITIONS

Page 3: SERVICEMEMBER’S CIVIL RELIEF ACT.  Active Duty: Full- time duty in the active military service of the U.S.  Non-Active Duty: Retired personnel or a.

Materially Aff ected: A servicemember on active duty is unable to protect legal rights or is unable to meet prior fi nancial obligations

Military Service: Begins when the servicemember receives his or her orders to report for active duty and ends with the date of termination from active duty or upon death while in active service.

Mobilization: The act of ordering National Guard and Reserve Units to active duty.

Servicemember: A member of the uniformed services, which includes the United States: Army Navy Air Force Marine Corps Coast Guard The commissioned corps of the National Oceanic and Atmospheric

Administration, The commissioned corps of the Public Health Service.

DEFINITIONS

Page 4: SERVICEMEMBER’S CIVIL RELIEF ACT.  Active Duty: Full- time duty in the active military service of the U.S.  Non-Active Duty: Retired personnel or a.

In the military service of the U.S.

On active duty and

Materially affected as a result of active duty status

COVERAGE

Page 5: SERVICEMEMBER’S CIVIL RELIEF ACT.  Active Duty: Full- time duty in the active military service of the U.S.  Non-Active Duty: Retired personnel or a.

Default JudgmentsStay of Proceedings, Stay of ExecutionsLength of StaysFines and Penalties on Contracts

GENERAL RELIEF PROVISIONS

Page 6: SERVICEMEMBER’S CIVIL RELIEF ACT.  Active Duty: Full- time duty in the active military service of the U.S.  Non-Active Duty: Retired personnel or a.

General 6% RestrictionMortgage Loans Interest ForgivenessPayment ReductionNew Advances and New LoansStudent LoansFeesRequesting Reduced RatesRefusing Rate ReductionsTruth-in-Lending Act ImplicationsReinstating the Original Contract Rate

INTEREST RATE LIMITATIONS

Page 7: SERVICEMEMBER’S CIVIL RELIEF ACT.  Active Duty: Full- time duty in the active military service of the U.S.  Non-Active Duty: Retired personnel or a.

Rental PropertyLeasesMortgage

ForeclosuresRights of

Dependents and Co-obligors

Relief for Co-obligors

OTHER PROVISIONS