Court Cases

By: Roy L. Kaufmann

Is it an SCRA Violation to Attempt to Collect Fees on an Aborted Foreclosure?

As a lender, you may know that it is an SCRA violation to initiate foreclosure proceedings or charge late fees to charge servicemembers on active duty without first getting a court order.But what if they aren’t on active duty…

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By: Roy L. Kaufmann

Firm Fined $1.49M for Unlawful Attempted Evictions of Servicemembers

A Virginia real estate management company reached a $1.49 million settlement with the Department of Justice over unlawful attempted evictions of servicemembers.The DOJ clamped down on the company when it learned the company had violated the Servicemembers Civil Relief …

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By: Roy L. Kaufmann

Credit Union Settles with DOJ for $95K for SCRA Violations

The Department of Justice has found yet another lending institution to have committed SCRA Violations after it illegally repossessed servicemembers’ cars. The DOJ announced last month that it reached an agreement with a credit union in upstate New York,  in …

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By: Roy L. Kaufmann

DOJ Sues Auto Lender, Alleging SCRA Violations

Another finance company has become the Department of Justice’s latest target, accused of violating the Servicemembers Civil Relief Act. DOJ sues auto lender should prompt attention – do your military verification before you take action.The SCRA, a federal law, …

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By: Roy L. Kaufmann

Mortgage Obligations Incurred During Military Service Not Subject to SCRA Protection

Sibert v. Wells Fargo Bank, N.A. 863 F.3rd 331 (4th Cir. July 17, 2017); Servicemembers Civil Relief Act, 50 U.S.C. §3953(a) Mortgage Obligations Incurred During Military Service Are Not Subject to SCRA Protection The 4th Circuit held that …

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By: Roy L. Kaufmann

Divorce Rules Under SCRA – Avoid Fines

Divorce cases are almost always difficult, and those involving military personnel can add another layer of complications. Plaintiffs must pay attention to particular divorce rules under SCRA so as to avoid fines, penalties and even possible imprisonment. The Servicemembers Civil …

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By: Roy L. Kaufmann

SCRA Rules on Eviction

If you rent to active-duty military personnel, you need to know the SCRA rules on eviction. Whether it was ignorance of the law or an attempt to flout it, a real estate development and management company recently ended up with …

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By: Roy L. Kaufmann

Companies Settle with DoJ for SCRA Violations

Paying settlements for SCRA violations can cost you a bundle. It’s better to do your homework ahead of time and avoid the expensive headaches. The SCRA deems soldiers on active duty exempt from lawsuits. Even recent retirees are covered.  Cases …

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