In Honor of Our Veterans: Free Mortgage & Foreclosure Help

by Moe Bedard on November 11, 2009 · 0 comments

in free foreclosure help

Military Free Foreclosure HelpThis blog post is in honor of Veterans Day and those that are serving our country in the military. Please do your part today and forward this free information to those in the military that may need help with their mortgages or in saving their homes from foreclosure.

Military Homeowners Assistance Program (HAP):

If you are a member of the U.S. military, here are some good news for you because President Barack Obama has approved a stimulus package bill that may help you with problems regarding your home. This bill contains a provision known as the Military Homeowners Assistance Program or HAP.

HAP was previously designed to be offered only at Base Relocation and Closure (BRAC) locations but the bill expands it to include you if your home was purchased before July 1, 2006 and if you sell it before September 30, 2012. 

The primary purpose of HAP is to assist military homeowners who are sure to be having difficulties because of the credit crisis and the increasing number of foreclosures. Aside from that, HAP will also help you not only if you have been given PCS orders and you are finding it hard to sell your home for a decent price.

It will also help the surviving spouses of those who have given up their lives for their country and have to relocate for some reason. This also affects those of you who have been wounded and as a result have to move some place else because of medical reasons.

Service Members Relief Act (SCRA) The Law: Service Members.gov

Servicemembers and their dependents who believe that their SCRA rights have been violated should contact the nearest Armed Forces Legal Assistance Program office. Please consult the military legal assistance office locator at http://legalassistance.law.af.mil/and click on the Legal Services Locator. Additional information on the Justice Department’s enforcement of the SCRA and the other laws protecting servicemembers is available at www.servicemembers.gov.

Source: U.S. Department of Justice

CONTACT: U.S. Department of Justice, +1-202-514-2007, TDD:

+1-202-514-1888

Web Site: http://www.servicemembers.gov/

http://www.usdoj.gov/

Formerly cited as 50 U.S.C. App. § 532

§ 533. Mortgages and trust deeds     [Sec. 303]

(a) Mortgage as security

This section applies only to an obligation on real or personal property owned by a servicemember that–

(1) originated before the period of the servicemember’s military service and for which the servicemember is still obligated; and

(2) is secured by a mortgage, trust deed, or other security in the nature of a mortgage.
(b) Stay of proceedings and adjustment of obligation

In an action filed during, or within 90 days 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. 

(c) Sale or foreclosure

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 90 days 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 107 [sectyion 517 of this Appendix].

(d) Penalties

(1) Misdemeanor 

A person who knowingly makes or causes to be made a sale, foreclosure, or seizure of property that is prohibited by subsection (c), or who knowingly attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both.

 (2) Preservation of other remedies

 The remedies and rights provided under this section are in addition to and do not preclude any remedy for wrongful conversion otherwise available under law to the person claiming relief under this section, including consequential and punitive damages.

Links:

 http://www.servicemembers.gov/scratext.htm

http://loanworkout.org/2008/12/service-members-civil-relief-act/

http://loanworkout.org/2009/06/military-homeowners-assistance-program/

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