Court Cases

By: Roy L. Kaufmann

How Does the SCRA Help Child Abuse Victims?

In a current case, the Servicemembers Civil Relief Act is helping a victim of sexual abuse to come forward years later, thanks to its provisions that halt the statute of limitations.

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By: Roy L. Kaufmann

Is Verifying Military Service Required for Landlords?

The eviction protections granted to servicemembers under the SCRA are extremely serious, as landlord Randall McLeod found out.

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By: Roy L. Kaufmann

Hole in SCRA Allows Lender to Prey on Servicemembers

The Servicemembers Civil Relief Act exists to protect military personnel, who are often among the most vulnerable to shady financial practices, from exploitation and unfair penalties resulting from their service.

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By: Roy L. Kaufmann

SCRA Case Underscores Importance of Adherence to Law

In a recent case that highlights the importance of following the Servicemembers Civil Relief Act to the letter, a federal judge ruled against Miami-Dade County after officials demolished a house belonging to U.S. Army Sergeant First Class Jesus Jimenez.

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By: Roy L. Kaufmann

Is it an SCRA Violation to Attempt to Collect Fees on an 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 first of the two proceedings imposed charges and fees that covered a five-month period during with the borrower was on active military duty and subject to the protections of the Servicemembers Civil Relief Act (“SCRA”). The SCRA is quite specific at Section 533(c) where is prohibits “"sale, foreclosure, or seizure of property for a breach of [a mortgage that originated before the servicemember's military service]...if made during, or within one year after, the period of the servicemember's military service”.The only time a lender is permitted to institute or continue such a proceeding is when a court has given specific approval.

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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

Lender to Pay $9M for Student Loan SCRA Violations

A federal student loan servicer has agreed to pay $9 million to settle a fraud claim with the New York Attorney General’s office for Student Loan SCRA Violations that deceived borrowers with student loans. The student loan debt crises has...

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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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