You Can't Handle The Truth: Fact, Fiction and the Servicemembers Civil Relief Act

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Compliance with the Servicemembers Civil Relief Act, 50 USC app. §§501 is essential in light of recent SCRA settlements including large monetary penalties and ongoing compliance monitoring. In this article, from Westlaw Journal Bank & Lender Liability (reprinted with permission from Vol. 18, Issue 12), attorneys Kirk Jensen, Donna Wilson and Sasha Leonhardt of BuckleySandler LLP review and correct commonly held fictions about the SCRA. For example, it is a fiction that the SCRA prevents all foreclosures against service members. SCRA Section 533 grants service members foreclosure-related protections, but does not prohibit all foreclosures. Misimpressions also abound concerning negative credit reporting on active duty service members. However, while creditors may legally report an active duty service member's failure to make payments, they may not penalize borrowers for seeking or receiving benefits under the SCRA. These and other issues are clarified by this article, which should serve as a wake-up call to lenders and servicers potentially facing SCRA enforcement and litigation.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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