Servicemember and SCRA foreclosure protections
Jacksonville's large Navy and military presence means a meaningful share of local foreclosure cases involve servicemembers who have protections beyond what a typical homeowner can raise. The Servicemembers Civil Relief Act (SCRA) restricts default judgments against active-duty borrowers, allows a request to stay court proceedings during a period of active service, and in some situations caps interest rates on mortgages taken out before entering service.
These protections aren't automatic. A court needs to know the borrower is on active duty, and the request typically has to be supported by military orders or other proof of service. An attorney raising an SCRA defense will usually fold it into the broader foreclosure defense case rather than run it as a separate matter, since it affects how the litigation proceeds rather than replacing it.
Reservists called to active duty and veterans transitioning off orders can also qualify depending on timing, which is why documentation of service dates matters as much as the fact of service itself.
What it costs
SCRA defenses are usually raised as part of the existing foreclosure defense litigation rather than billed as a standalone service, so cost tends to track the broader case rather than add a separate fee.
Top 3 by our score
Ranked from our published scoring of public Google reviews for foreclosure defense litigation.
- 1. Parker & DuFresne PA934.9★ · 433 reviews
- 2. Gahanian Law PA Bankruptcy Lawyers904.9★ · 373 reviews
- 3. The Legal Department894.9★ · 113 reviews
FAQ
- Does the SCRA stop a foreclosure while I'm on active duty?
- It can support a request to stay the court proceedings during active duty and restricts default judgments being entered without the court verifying military status, though it isn't an automatic dismissal of the case.
- What proof do I need to show I qualify for these protections?
- Military orders or other documentation of active-duty status and dates are typically what a court wants to see before granting SCRA-based relief.
- Do reservists called to active duty qualify for SCRA protections?
- Reservists on active duty orders can qualify, and timing around when the mortgage was originated relative to the start of service matters for some of the protections.