Foreclosure

Solders’ and Sailors’ Civil Relief Act

This Federal statute provides protection to people in military service from loss of certain interests in property during the period which they are involved in a military conflict, and can preclude foreclosure. In all foreclosure situations, the title insurer must be satisfied that 1) where a debtor is in the military, that the Act was fully complied with throughout the foreclosure process, or 2) none of the debtors were in the military. As confirmation that none of the debtors were in the military, an affidavit from the foreclosing entity, or sufficient language in the Trustee’s Deed to this effect, is usually sufficient.