Active military servicemembers have a lot to worry about when it comes to defending our nation’s security. However, these honorable military men and women also need to defend their personal financial security in addition to their job duties. This is a lot to keep track of and when foreclosure proceedings threaten to take away a servicemember’s family home, the pressure and stress can quickly become overwhelming.
Fortunately, for active military servicemembers, there are legal avenues that can be pursued to protect servicemembers and their immediate families from being kicked out of their homes as a result of foreclosure proceedings. Under the Servicemembers Civil Relief Act, servicemembers can receive certain protections from the foreclosure process.
For servicemembers who took out their mortgages prior to being assigned to active military service, the foreclosure process has to occur in court — even in situations where the servicemembers live in states where foreclosures usually happen out of court. As such, the foreclosure process, in the case of a deployed military member, must be delayed until the servicemember is physically available to appear in court. However, the necessary request for postponement must be filed by the servicemember in writing in order to benefit from this protection.
At the San Antonio foreclosure defense law firm of Matthew J. Obermeier, we are proud to serve American military servicemembers in all their real estate law matters. If you are in the armed forces and are currently facing the threat of foreclosure, we are available to speak to you about your case in a free, no-obligation, first-time legal consultation.