News

By: Roy L. Kaufmann

Judge Ignores Servicemembers Civil Relief Act

A Michigan judge made an error last month by issuing a warrant for servicemember Matthew Hindes’ arrest after he failed to appear in court for a custody hearing, according to Inquisitr. The error? Hindes failed to appear in court because …

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By: Roy L. Kaufmann

Michigan Judge Defends Actions in Servicemember Custody Case

Judge Noe, the Michigan judge who issued a bench warrant for a sailor aboard a U.S. submarine who couldn’t show up for a custody case in violation of the Servicemembers Civil Relief Act, changed her ruling and ordered a stay …

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By: Roy L. Kaufmann

Re-enlistment Does Not Restart SCRA Protections

Section 527 of the Servicemembers Civil Relief Act (“SCRA”) generally requires that interest rates on obligations that pre-date active duty be rolled back to 6% upon request of the servicemember and adequate demonstration that the servicemember is eligible for this …

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By: Roy L. Kaufmann

SCRA Violation: Attempt to Collect Fees on Aborted Foreclosure

In Brewster v. Sun Trust Mortgage Inc.,   No. 12-56560, ___ F.3d ___ (9th Cir., Feb. 7, 2014) , the U.S. Court of Appeals for the Ninth Circuit reversed and remanded a case wherein two foreclosure proceedings were instituted.  The …

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By: Roy L. Kaufmann

Automobile Leases Under SCRA

The Servicemembers Civil Relief Act (“SCRA”) provides certain protections for servicemembers in active duty.  Among those protections is the ability to terminate car leases dated before the servicemember enters active military duty. The SCRA provides that, if a servicemember takes …

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By: Roy L. Kaufmann

SCRA Rights Not An Absolute Shield- Increase in Child Support Order Sustained

All too often, servicemembers assume that their protections under the Servicemembers Civil Relief Act (SCRA) are tantamount to absolute immunity from suit because of the rights enjoyed by the servicemember pursuant to the Servicemembers Civil Relief Act (“SCRA”).  That is …

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