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.

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Presentation transcript:

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 reserve unit not on active duty DEFINITIONS

 Materially Affected: A servicemember on active duty is unable to protect legal rights or is unable to meet prior financial 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

 In the military service of the U.S.  On active duty and  Materially affected as a result of active duty status COVERAGE

 Default Judgments  Stay of Proceedings, Stay of Executions  Length of Stays  Fines and Penalties on Contracts GENERAL RELIEF PROVISIONS

 General 6% Restriction  Mortgage Loans  Interest Forgiveness  Payment Reduction  New Advances and New Loans  Student Loans  Fees  Requesting Reduced Rates  Refusing Rate Reductions  Truth-in-Lending Act Implications  Reinstating the Original Contract Rate INTEREST RATE LIMITATIONS

 Rental Property  Leases  Mortgage Foreclosures  Rights of Dependents and Co- obligors  Relief for Co- obligors OTHER PROVISIONS