Lenders Can't Evict Sailors & Marines Because of Landlord's Foreclosure

If your landlord doesn't pay his mortgage, the lender will evict you, right?  Not if you serve as an active duty service member.  Cindy Jones, a real estate agent in Woodbridge, VA, tells us why:

Military familes who are forced to make a local move due to a foreclosure may find some relief from the Servicemembers Civil Relief Act.  Not many servicemembers know that under section 531 in the SCRA anyone looking to evict an active duty servicemember from a rental property that is their primary residence must have a court order.  This applies to rent that is less than $2831.113 per month.  Servicemembers can apply to the court to stay their eviction or reduce their rent until their case works it's way through the legal process.

As of July 2008 servicemembers who are being forced to leave their rental property due to foreclosure can apply to their base legal services and transportation office to seek financial assistance with their move.  In addition to the assistance you may find through your base you can also seek "cash for keys" from the lender who is foreclosing on the property.

San Diego sailors and Marines are discovering that the base pay and BAH increase for 2009, combined with drastically reduced real estate prices has made home ownership a reality.  If faced with such an eviction threat, we recommend you contact your base legal services office and read up about how VA home loans could help you get a home of your own.