SCRA State Laws

What are SCRA state laws?

The Servicemembers Civil Relief Act is a federal law protecting servicemembers on active duty from some court actions. The federal SCRA provides broad protections that cover situations such as foreclosure, court cases, loans and more. But many states have gone above and beyond the federal law in adding protections. Lenders, landlords, litigants and attorneys should be aware of these additional SCRA state laws, local laws and requirements. The list is long and detailed. Bookmark it and save it as a reference for court cases involving servicemembers.

This compilation is not exhaustive and we encourage people to alert us to new statutes to include on this list.

STATE CITATION Special State Provisions
Ala. Code §§ 35-10-70 to 35-10-71 If a service member dies while deployed overseas, the lender must wait at least 180 days before starting a foreclosure against the surviving spouse or the service member’s estate, provided that the surviving spouse or the estate notifies the lender and asks for a delay (and the mortgage was taken out after August 1, 2009)
Alaska Stat. § 26.05.135 Protections are extended to members of the Alaska National Guard and Alaska Naval Militia while on active duty for the state by order of the governor.
Ariz. Rev. Stat. § 26-168 Protections are extended to National Guard ordered to active duty by governor in certain circumstances.
Ark. Code Ann. § 12-62-716 Protections are extended to National Guard members if service is for more than 180 days. Lender may not foreclose on a military servicemember for nonpayment or any breach during military service without a court order, provided servicemembers meet certain conditions. Servicemembers cannot be evicted if rent is less than $1,200/month. If notified by a servicemember, creditors must adjust the interest rate to 6%.
Cal. Mil. & Vet. Code §§ 400 to 409.13 Protections are extended to members of the National Guard called or ordered into active state service by the governor or into active federal service by the president. This also applies to reservists called to full-time active duty.
Colo. Rev. Stat. § 28-3-1406 Protections are extended to National Guard members on foreclosure matters when called to state military service, or called to state defense force active duty for over 30 days.
None None
None None
None None
Florida Fla. Stat. Ann. §§ 250.5201 to 250.5205 If a servicemember took out the mortgage before going on active duty (state or federal), the lender cannot foreclose during the time of service if it is more than 17 days, or within 30 days thereafter unless a court issues an order ahead of time allowing it. Servicemembers on active duty cannot be evicted if rent is less than $1,200/month.
Georgia None None
Haw. Rev. Stat. §§ 657D-1 to 657D-63 Protections are similar to the federal Servicemembers Civil Relief Act provided for members of the state military forces. This includes the right to postpone legal proceedings and a prohibition on nonjudicial foreclosures.
Idaho Code § 46-409 Protections are extended to National Guard ordered to state active duty by governor in certain circumstances.
735 Ill. Comp. Stat. §§ 5/15-1501.5, 5/15-1501.6.

330 Ill. Comp. Stat. § 60/5.1

Certain servicemembers may apply to the court for a 90-day stay of foreclosure proceedings. Or, in some cases, they may apply for a reduction in the monthly payments for up to 90 days. Court can postpone proceedings if state or federal military service directly results in failure to meet pre-service obligations.
Ind. Code § 10-16-7-23. Protections are extended to National Guard members ordered to state active duty for 30 or more consecutive days.
Iowa Code § 29A.103 If the servicemember entered into a mortgage to purchase real estate prior to military service, nonjudicial foreclosure is prohibited.
None None
Ky. Rev. Stat. Ann. § 38.510 Protections are extended to state National Guard ordered to state active duty by governor for a period of 30 days or more.
None Protections are extended to National Guard ordered to active duty by governor in certain circumstances.
Me. Rev. Stat. Ann. tit. 37-B, § 389-A Certain military servicemembers (including state military forces on active state service) get the opportunity to stay (postpone) court proceedings.
Maryland Md. Code Ann. [Pub. Safety] § 13-704 Protections are provided to members of the National Guard or Maryland Defense Force ordered to state military duty for a period of at least 14 consecutive days.
None None
Mich. Comp. Laws § 600.3285 Michigan law provides special protections against foreclosure to certain military servicemembers. These include members of the Michigan National Guard. So long as either the mortgagor entered into the mortgage before becoming a servicemember or the mortgagor is deployed in overseas service, lender cannot foreclose nonjudicially during the servicemember’s period of military service (or within 6 months thereafter) unless a court orders the sale or foreclosure.
Minn. Stat. § 190.055 Protections are extended to servicemembers called to state active service.
None None
None None
Mont. Code Ann. § 10-1-903.

Mont. Code Ann. § 10-1-902.

Court may stay civil proceedings related to a servicemember’s nonpayment on a mortgage for their primary residence or adjust the payment due. Applicable to any member of the Montana Army or Air National Guard serving on active duty at least 14 consecutive days of full-time state active duty ordered by the governor or full-time National Guard duty.
None None
None None
N.H. Rev. Stat. § 110-C:2 Protections are extended to members of the State Guard, National Guard or militia called to active duty by the governor for a period of 30 days or more.
N.J. Stat. Ann. §§ 38:23C-1 to 38:23C-26 New Jersey law provides protections similar to the federal Servicemembers Civil Relief Act. For example, a servicemember can potentially stay (postpone) court proceedings, and the court will not include the period of military service in the redemption period. The law applies to servicemembers on federal active duty or in state military service pursuant to the governor’s orders.
N.M. Stat. Ann. § 20-4-7.1 Protections are extended to members of the National Guard ordered to state active duty for 30 or more consecutive state duty days or to any federally funded duty performed in an operational role for homeland security.
New York N.Y. Mil. Law §§ 301 through 328. New York has a law similar to the federal Servicemembers Civil Relief Act that applies to those on federal active duty or state duty pursuant to an order of the governor. Among other things, it provides that a servicemember may apply to the court for a stay of proceedings (postponement) in a foreclosure action under certain circumstances.
N.C. Gen. Stat. §§ 45-21.12A, 45-21.16 Nonjudicial foreclosure is prohibited during or within 90 days after a borrower’s period of military service. However, this applies only if the mortgage or deed of trust originated before the period of military service.
None None
Ohio Rev. Code Ann. §§ 5919.29, 5923.12 Protections are extended to National Guard ordered by the governor into active duty or training.
Okla. Stat. tit. 44, § 208.1 Protections are extended to members of the Oklahoma National Guard when ordered to state active duty or full-time National Guard duty.
Or. Rev. Stat. § 646.605, 646.608(LLL).

Or. Rev. Stat. § 408.440.

Lenders can’t initiate suits to foreclose a mortgage if the land covered by the mortgage is owned by a servicemember called into active service during war.
Pa. Cons. Stat. Ann. tit. 51, § 4105 Protections are extended to Pennsylvania National Guard members on active state service (and 30 days thereafter).
R.I. Gen. Laws § 30-7-10 Protections are extended to National Guard members on state active duty for a continuous period over 90 days.
None None
S.D. Cod. Laws Ann. § 33A-2-9 Protections are extended to members of the South Dakota National Guard ordered to active duty service by the governor or the president.
Tenn. Code Ann. § 26-1-111 If a member of a reserve or Tennessee National Guard unit entered into a mortgage or deed of trust to purchase a home, and is subsequently called to active military service outside the U.S. during hostilities, the lender cannot foreclose until 90 days after the servicemember returns to the state.
Texas Tex. Civ. Prac. & Rem. Code § 16.022 Statutes of limitations are tolled for those under a “legal disability” who are entitled to sue for the recovery of real property or entitled to make a defense based on the title to real property. (The definition of “legal disability” includes those serving in the armed forces during wartime.)
Utah Code Ann. §§ 39-7-102, 39-7-115 Protections are extended to National Guard members serving full-time with a recognized military unit called into service by the governor for at least 30 days.
Vt. Stat. Ann. tit. 12, § 553 Statute of limitations tolled for those in military or naval service of the U.S. or Vermont National Guard and ordered to state active duty, and at the time of entering such service or duty, had a cause of action against another person, or another person had a cause of action against them.
Va. Code Ann. § 44-102.1 Protections are extended to National Guard members called to state active duty by the governor for 30 or more consecutive days.
Wash. Rev. Code §§ 38.42.010 to 38.42.904. Protections are extended to National Guard or members of a military reserve component.
None None
Wis. Stat. § 321.62 Protections against foreclosure for members of the National Guard or state defense force  ordered into state active duty for 30 days or more. Lenders cannot foreclose during or within 90 days after the servicemember’s period of state active duty unless a court approves it before active duty and after the foreclosure. Applies to mortgages taken out prior to active duty.
Wyo. Stat. Ann. § 19-11-122 Protections are extended to members of the Wyoming National Guard ordered to active state service by the state or federal government for a period of more than 30 consecutive days.

 

Attorney Roy Kaufmann serves as the Director of the Servicemembers Civil Relief Act Centralized Verification Service, located in Washington, D.C. As a recognized authority on the Servicemembers Civil Relief Act, Mr. Kaufmann has published hundreds of articles and hosted many webinars. His teachings help law firms and businesses to remain compliant with the SCRA rules and regulations so as to avoid costly fines.

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