18.28 Soldiers’ And Sailors’ Civil Relief Act

18.28.1

In General

  Through the enactment of the Soldiers’ and Sailors’ Relief Act of 1940, as amended, Congress has made provisions for the protection of the civil rights of persons in the military service of the United States. The Act, as amended, appears in Title 50 U.S.C.A. App. (Sections 501-548; 560-590).

 

  Whenever insuring a transaction involving a foreclosure where the debtor was a member of the armed forces, you must except to the provisions of the Act. As a general rule, the Act only applies under the when the mortgage is created before the maker goes on active duty in the U.S. Armed Forces. Foreclosure requires approval of the mortgagor’s commanding officer.

See also Texas Bulletin TX2012005.