Legislative Developments

By: Roy L. Kaufmann

Court Changes SCRA Expectations for Lenders

The Servicemembers Civil Relief Act (“SCRA”) generally requires that, for a Servicemember to be protected by the provisions of the SCRA, the servicemember must affirmatively send a notice to lenders. A provision in the SCRA that shifts burden to the lender regarding notice does not exist. The SCRA, at 50 U.S.C. App. § 533, provides certain protections in the context of residential foreclosures. One of those protections is a usually a moratorium on foreclosures if the loan predates the Active Duty Start Date. The length of this foreclosure not only includes the period of active duty, but a period after the Active Duty End Date.

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By: Roy L. Kaufmann

What Do Proposed Changes to Forced Arbitration and the SCRA Mean to Lenders?

Congress recently announced plans to re-introduce a bill to ban the use of forced arbitration in cases involving the Servicemembers Civil Relief Act. This move may prove to have a serious impact on lenders. The bill, known as the Justice...

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By: Roy L. Kaufmann

Will the Proposed FECRA Modeled After SCRA Help Me?

As a result of the government shutdown, some Democrats in Congress have introduced FECRA legislation similar to the SCRA to help protect federal workers. The Servicemembers Civil Relief Act is a revision to a federal law dating back to World...

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By: Roy L. Kaufmann

Washington State SCRA – House Votes for More Protections

The Washington state House of Representatives recently passed provisions that broaden the protections of the federal Servicemembers Civil Relief Act (SCRA). House Bill 1056, which passed unanimously, has a similar version, Senate Bill 5041, for the Senate’s consideration. The proposed legislation would...

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By: Roy L. Kaufmann

New DoD SCRA Regulations for Moneylenders

If you’re a moneylender, recent regulation changes to the Military Lending Act issued by the DoD could greatly affect your business. Banks and other lending institutions likely know about the SCRA regulations the Department of Defense set up in 2006 as part of the...

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By: Roy L. Kaufmann

SCRA Foreclosure Protection Extended to 1 Year

The original Servicemembers Civil Relief Act provided for protection of Servicemembers against foreclosures for a period of 90 days after active duty.  Since then, we have seen SCRA foreclosure protection extended to longer terms, but all the increases had sunsetted and...

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By: Roy L. Kaufmann

U.S. Code Revision Changes SCRA Citations – Appendix eliminated

The most recent U.S. code revision calls for changes in how the Servicemembers Civil Relief Act is cited. The House of Representatives Office of the Law Revision Counsel eliminated the appendix to Title 50 of the U.S. Code on Dec. 1,...

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By: Roy L. Kaufmann

SCRA Legislation Proposed to Codify Settlement of Violations

Over the past several years, the Department of Justice has been vigorously pursuing banks and other financial institutions that have violated the SCRA (the “Act”).  Some of the provisions of settlement agreements have included burdens and standards that exceed those...

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