Have the SCRA’s foreclosure protections been permanently extended from ninety days to one year? Can you clarify whether the stay of proceedings and adjustment of obligation were permanently extended as well? Our policy provides that the extension to one year is set to expire on December 31, 2019.

Yes, the recent Economic Growth Act permanently extended the Servicemember Civil Relief Act (SCRA)’s foreclosure protections to one year following the servicemember’s military service. This extension applies to the “sale, foreclosure, or seizure of property for a breach” of a servicemember’s mortgage loan obligation, as well as a court’s authority to stay such proceedings or adjust the servicemember’s obligation.

For resources related to our guidance, please see:

  • SCRA, 50 USC 3953(c) (“A sale, foreclosure, or seizure of property for a breach of an obligation described in subsection (a) shall not be valid if made during, or within one year after, the period of the servicemember’s military service except (1) upon a court order granted before such sale, foreclosure, or seizure with a return made and approved by the court; or (2) if made pursuant to an agreement as provided in section 3918 of this title.”)
  • SCRA, 50 USC 3953(b) (“In an action filed during, or within one year after, a servicemember’s period of military service to enforce an obligation described in subsection (a), the court may after a hearing and on its own motion and shall upon application by a servicemember when the servicemember’s ability to comply with the obligation is materially affected by military service (1) stay the proceedings for a period of time as justice and equity require, or (2) adjust the obligation to preserve the interests of all parties.”)
  • Economic Growth, Regulatory Relief, and Consumer Protection Act, Sec. 313 (Repealing the SCRA provision that would have reverted “one year” to “nine months” as of January 1, 2020.)