Military Foreclosure Protection Attorney in California
Federal and California law give active duty servicemembers protections no other borrower has — including restrictions on foreclosing a pre-service mortgage without a court order.
Does the SCRA stop a foreclosure on an active duty servicemember?
For a mortgage obligation that originated before active duty began, the Servicemembers Civil Relief Act prohibits a sale, foreclosure, or seizure for breach during the period of military service and for a defined period afterward, unless the lender obtains a court order or the servicemember waives the protection in writing. The Act also caps pre-service loan interest at 6% and allows courts to stay proceedings where service materially affects the ability to respond.
SCRA and California Protections for Servicemembers
The Servicemembers Civil Relief Act is remedial legislation, and courts read it in favor of the servicemember. Its foreclosure protection is specific: it attaches to obligations secured by property and incurred before active duty service began. A loan taken out during service does not receive the same protection, which is why the origination date is the first fact to establish.
The Act does more than pause foreclosures. It caps interest on pre-service obligations at 6% for the period of service, with the excess forgiven rather than deferred. It permits a stay of civil proceedings where military duties materially affect a member's ability to appear. It allows termination of residential and, in defined circumstances, automobile leases on qualifying orders. California adds its own protections for members of the California National Guard and reserve components called to duty.
These rights are frequently missed by servicers, and they are also frequently waived inadvertently — signing a modification or a forbearance can affect them. Before agreeing to anything with a lender, confirm what the Act already provides. For non-military foreclosure timelines and defenses, see foreclosure defense.
330 North Brand Boulevard, Suite 1280
Glendale, California 91203
Los Angeles County Superior Court, including the Glendale and Stanley Mosk courthouses.
Property disputes, purchase and sale litigation, leases, disclosure claims, and land use across Los Angeles County.
Servicemember Property Matters We Handle
For active duty members, reservists, National Guard members, and their families with California property.
Foreclosure Protection
Asserting SCRA restrictions on nonjudicial sale of property securing a pre-service obligation, and challenging sales conducted without the required court order.
Interest Rate Reduction
Enforcing the 6% cap on pre-service obligations, including mortgages and other secured debt, with the excess interest forgiven for the period of service.
Stays of Civil Proceedings
Applications to stay foreclosure, unlawful detainer, and related civil actions where military service materially affects the ability to appear and defend.
Default Judgment Relief
Setting aside default judgments entered against servicemembers without the affidavit and appointed counsel protections the Act requires.
Lease Termination Rights
Terminating residential leases on qualifying permanent change of station or deployment orders, and recovering prepaid rent and deposits.
Deployment Property Planning
Powers of attorney, property management arrangements, and lease terms that anticipate deployment and reassignment.
Servicemember Situations That Reach Our Office
Composite examples drawn from the kinds of matters this practice handles. They illustrate common fact patterns and are not descriptions of specific client cases or predictions of any result.
The Sale During Deployment
A servicemember deploys, the household falls behind on a mortgage taken out three years before enlistment, and a trustee sale is set. Because the obligation predates service, the sale generally cannot proceed without a court order — a fact the servicer may not have flagged.
The Unreduced Rate
A reservist called to extended active duty provides orders to the servicer, which acknowledges receipt but never applies the 6% cap. The overcharged interest for the service period is forgiven under the Act, not merely deferred.
The PCS Order and the Lease
A member receives permanent change of station orders four months into a twelve-month Glendale lease. The Act permits termination on proper written notice with a copy of the orders, and requires return of prepaid rent and the deposit.
When Servicemembers Should Get Advice
- You are on active duty and a foreclosure or trustee sale has been initiated.
- Your pre-service loan is still accruing interest above 6%.
- A default judgment was entered against you while you were deployed or in training.
- You have received PCS or deployment orders and need to terminate a lease.
- A servicer has asked you to sign a waiver, forbearance, or modification.
- A civil case is proceeding and your duties prevent you from appearing.
What to Do First
Give the lender written notice
Provide a copy of your orders in writing and keep proof of delivery. Several protections are triggered or strengthened by documented notice to the creditor.
Do not waive without advice
SCRA rights can be waived in writing, and waiver language is sometimes embedded in modification and forbearance paperwork. Have it reviewed before signing.
Confirm the origination date
Foreclosure protection and the interest cap both depend on whether the obligation predates active duty. That single date drives the analysis.
Stop Foreclosure for Military — Questions California Clients Ask
What servicemembers and their families ask about foreclosure, interest rates, and leases during active duty.
What federal law protects military members from foreclosure?
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.
Does the SCRA apply to all military branches?
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.
Can a lender foreclose on a home while a servicemember is on active duty?
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.
What is the SCRA interest rate cap and how does it work?
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.
What California-specific protections exist for military homeowners?
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.
What should I do if my lender is trying to foreclose while I am on active duty?
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.
Are SCRA protections automatic or do I have to request them?
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.
Can a servicemember's family members also receive SCRA protections?
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.
Local Representation
California properties owned by servicemembers stationed elsewhere are still governed by California foreclosure procedure and heard in the local courts.
Talk to a Real Estate Attorney
If you are on active duty and facing foreclosure, an eviction, or a civil case you cannot appear in, get advice before signing anything a servicer sends you.