San Diego Foreclosure (military?)?

Comments

1. rlloydev says:

   October 2, 2009 at 4:09 pm

   I went through a foreclusure in Arizona while in the Army. It should not be a problem with your Chain of Command. Where it could be a problem is if you have a security clearance, especially a TS. You would probably be the subject of an additional background investigation to make sure you are not a security risk due to your financial problems.
   Also anytime your security clearance is updated you will have to provide financial information and undergo extra checks and interviews to make sure you are not a security risk due to finances.
2. MIND THE GAP says:

   October 2, 2009 at 4:52 pm

   If you are active duty military please inform the trustee that is doing the foreclosure.
   You have special protections that will prevent a foreclosure. Also report it to you base legal office. They can help.
3. JT says:

   October 2, 2009 at 10:07 pm

   Yes, I believe the bill is the Service Members Civil Relief Act.
   I found a press release regarding it below. You should check it out and perhaps talk to an attorney. If you can’t avoid the foreclosure you should at least try to pursue a short sale first.
   Good Luck!
   Washington, D.C. – The U.S. Senate today approved the Department of Defense Authorization bill, which contained amendments offered by U.S. Senator Evan Bayh designed to protect military families who are facing foreclosure, eviction or loan default due to financial hardship because of military service. Many military families are losing their homes, in spite of an existing law protecting them from these situations, because of a failure to properly educate our soldiers about their rights. Bayh’s amendments, which were originally part of his Service Members Home Protection Act of 2005 that was introduced earlier this year, would require the Pentagon to educate families about their rights and include language explaining these rights in all foreclosure paperwork.
   “In blatant violation of the law, soldiers are losing their homes while they are fighting on the front lines,” Senator Bayh said. “They deserve better than that. When our troops are fighting overseas, they shouldn’t have to worry about their house back home. These amendments will ensure that our troops know their rights and will make it impossible for lenders to claim ignorance of the law when they try to foreclose on our military families.”
   Many military families are unaware that they are currently protected by the Servicemembers Civil Relief Act from foreclosure and eviction, so they do not fight the notices they receive. Bayh’s amendments offer a direct solution to the problem, by taking the following steps:
   • Requiring the Department of Defense to develop an educational outreach program for military families during the process of mobilization and
   • Including information on military families’ rights on notices required during the foreclosure process to ensure that families are aware of their protected status if the process manages to reach that level.
   An increasing number of military families are facing economic difficulties ranging from an inability to pay grocery bills to outright bankruptcy as active duty tours last longer than any in the past 50 years. In addition to including Bayh’s legislation to protect military families from foreclosure, the DoD Authorization bill also includes legislation co-authored by Senators Bayh and Durbin (D-IL) to eliminate the Patriot Penalty. Their legislation would provide up to $3,000 per month for Guard and Reserve members who have served more than six months of active duty and who face a pay cut of more than $50 when they leave their civilian jobs to serve. According to a Pentagon study, more than 40 percent of all Reservists reported a loss in income when they were called up for active duty. Reservists whose families face financial hardship during their deployment may be less likely to re-enlist as a result of the Patriot Penalty.
4. Alterfem says:

   October 3, 2009 at 3:08 am

   You should check with your lender regarding the military and foreclosure. I think you may have some protection there that others wouldn’t have.

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