Can a lender legally threaten foreclosure and place my house in foreclosure status while I am on active duty military?

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Can a lender legally threaten foreclosure and place my house in foreclosure status while I am on active duty military?

I received orders to leave AZ to move to VA. I couldn’t get my house sold or rented. In the meantime I couldn’t afford both rent in VA and the mortgage in AZ. They threatened me with certified letters that they where going to foreclose and since I’d exhausted all issues to get rib of house I was slowly excepting. They placed my property in foreclosure status and had a date. I called after researching that I was protected under the SCRA. They then took it out of foreclosure and apologized. I still feel I was wrongfully threatened and my credit report has been negatively affected.

Asked on September 29, 2011 under Real Estate Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes a lender can threaten to foreclose upon your home whle you are on active military duty. Yiu need to be aware of a program through the federal government called the Homeowners Assistant Program (HAP) designed to help military personnel such as you having difficulty making their mortgage payments.

This program is adminsitered through the United States Army Corp of Engineers. There are certain eligibility requirements where the homeowner who is in our military has been reassigned before a certain date, the home has been purchased before July 1, 2006, and it has declined in value at least ten percent (10%).

I recommend that you look into this "HAP" program immediately to assist yourself.

Good luck.


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