ARE THERE PROTECTIONS AGAINST MORTGAGE FORECLOSURES?
A. The Act protects servicemembers against foreclosures of mortgages, deeds of trust, and similar security devices, provided the following conditions are met: a. The relief is sought on an obligation secured by a mortgage, deed of trust, or similar security on either real or personal property; b. The obligation originated prior to entry upon active duty; c. The property was owned by the servicemember or dependent before entry on active duty status; d. The property is still owned by the servicemember or dependent at the time relief is sought; e. The ability to meet the financial obligation is “materially affected” by the servicemember’s active duty obligation. Q. CAN JUDICIAL PROCEEDINGS BE DELAYED? A. A servicemember who is involved in civil (not criminal) judicial proceedings as either a plaintiff or defendant is entitled to a stay of these proceedings if the court finds that his or her ability to prosecute or defend an action is “materially affected” by reason of his or her active du
