Court Cases

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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