The Servicemembers Civil Relief Act (SCRA) provides significant protections for active duty military members, including a 6% interest rate cap on pre-service mortgage loans, the right to terminate leases upon deployment, and prohibitions on foreclosing without a court order on active duty servicemembers under most circumstances.

Yes. The SCRA applies to members of all branches of the U.S. Armed Forces (Army, Navy, Marine Corps, Air Force, Space Force, Coast Guard) and can also apply to members of the National Guard and Reserves when called to active duty for a period of more than 30 consecutive days.

Under the SCRA, a lender generally cannot foreclose on a servicemember's primary residence during active duty service or within one year after service ends without obtaining a court order. Violations of this protection can result in injunctive relief and damages for the servicemember.

The SCRA caps interest rates at 6% per year on obligations — including mortgages — incurred before military service began. The servicemember must request the cap in writing and provide documentation of active duty status. The cap applies for the duration of active service.

In addition to the SCRA, California's Military and Veterans Code provides supplemental protections, including additional safeguards against eviction and some enhanced rights in civil proceedings. California courts also have discretion to stay proceedings involving active duty servicemembers when military service materially affects their ability to defend or pursue a case.

You should consult a legal assistance officer through your installation's JAG office and also consider retaining a private attorney experienced in both the SCRA and California mortgage law. Acting quickly is critical because once a sale is completed, unwinding it is difficult even if the foreclosure was legally improper.

Most SCRA protections are not automatic — servicemembers must affirmatively invoke them by notifying their lender or servicer in writing with documentation of active duty status. Some protections, like the prohibition on foreclosure without a court order, apply automatically but are best enforced by asserting your rights promptly.

Certain SCRA protections extend to dependents of active duty servicemembers, particularly when the dependent is the co-borrower on the loan or named on the deed. The extent of protection for dependents varies by the type of claim, and an attorney can assess which protections apply in a specific situation.