forclosure on home when husband is on active duty orders

by Stephanie

My husband and I have been unable to make our mortgage payment as of January of this year due to the fact that they raised our payments without notice to a thousand dollars a month. We could not afford that much so my husband contacted our mortgage company to work something out. They stated that they could not take anything less of what the payment was. So we had no other option but to just not make the payment. So in July, they served us with a summons, but there was no court date on it. And then in August, they sent us a 1st petition and there was still no court date on it. On October 4th, my husband went on active duty orders with the National Guard for a year.

I contacted my mortgage company to try and send them a copy of his active duty orders and a copy of the soldiers and sailors act 6% interest rate cap. The lady was very rude to me and told me that we would have to pay almost 12,000 dollars upfront to reinstate the loan and until we pay that amount, that even though my husband is active duty, they would still foreclose on our home. What can I do about this?

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Oct 11, 2010
foreclosure on active duty spouse
by: Gerri


Our hearts go out to you. The stress of having your husband away on active duty plus trying to save your home must be tremendous.

According to HUD:

Mortgage lenders may not foreclose, or seize property for a failure to pay a mortgage debt, while a service member is on active duty for nine (9) months grace period prior to December 31, 2010 unless they have the approval of a court. After December 31, 2010, the grace period for Service member protection will revert back to 3 months. In a court proceeding, the lender would be required to show that the service member's ability to repay the debt was not affected by his or her military service.

Servicemembers who have questions about the SCRA or the protections that they may be entitled to may contact their unit judge advocate or installation legal assistance officer. Dependents of servicemembers can also contact or visit local military legal assistance offices where they reside. A military legal assistance office locator for each branch of the armed forces is available at

It sounds like it is time for you to ask for military legal assistance. We hope it works. Please do share how it turns out for you.

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