The Service Members Relief Act [SCRA] is designed to prevent a person in active service to this country from being sued while on duty. Servicemen and women should not return home from Iraq or Afghanistan to find their home foreclosed.
While many men and women serve this country, Saxon Mortgage does not want to recognize the law. National Public Radio tells the story of a Michigan family who lost their house to foreclosure while the husband was overseas fighting terrorists in Iraq.
Saxon Mortgage cites several reasons they believe the law doesn’t apply to this case. They say they foreclosed a week and a half before the service member reported for active duty, and they say the sergeant didn’t provide them adequate documents to prove he really was going to Iraq.
Lawyers argue the law provides protection as soon as one receives military orders. They also say the documents this servicemember provided — a copy of his unit’s orders and a note from his captain — are adequate under the law.
We are retired from the military, and we always look for these cases. Clearly Saxon Mortgage bears consideralble watching. If you had a similar problem with Saxon Mortgage please send us your report today.