Court Cases

By: Ashley Klingberg

Mortgage Obligations Incurred During Military Service Are 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 While serving in the Navy, … Read the rest

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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 … Read the rest

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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 … Read the rest

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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 … Read the rest

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By: Roy L. Kaufmann

Car Towing Service Faces Potential Penalties for SCRA Violation

‘Car Towing Service Faces Potential Penalties for SCRA Violation’ When U.S. Army Reserve Lt. Col. Alexzandria Kelly left on active duty to Africa last year, she expected her 1972 AMC Gremlin to be safe. The Servicemembers Civil Relief Act offers … Read the rest

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By: Roy L. Kaufmann

Private Cause of Action Under SCRA

The Servicemembers Civil Relief Act (“SCRA”), a federal statute, provides for certain protections for servicemembers.  These protections, discussed in detail in our blog, includeReductions in interest rates on certain obligations Requirements before entries of default judgments Restrictions on … Read the rest

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By: Roy L. Kaufmann

Auto Lender to pay $3.28M for SCRA Illegal Debt Collection

The Consumer Financial Protection Bureau (CFPB), with its authority under the Dodd-Frank Act to take action against companies engaging in unfair, deceptive, or abusive practices, has filed an administrative consent order against an auto lender that targeted servicemembers for illegal … Read the rest

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By: Roy L. Kaufmann

Court Ruling: Military Affidavit For All Civil Proceedings

‘NC Court Ruling Says Affidavit For All Civil Proceedings’ When do you need a military affidavit? Under the Servicemembers Civil Relief Act, all active-duty military members are afforded certain rights. One of those protections addresses court cases — specifically, what … Read the rest

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