QUESTION

I was discharged mar.21st 2012 for being wounded in afghanistan , how long am I covered by SCRA or can the bank start forclosure paperwork and when

Asked on Apr 01st, 2014 on Bankruptcy - Kentucky
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Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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The Servicemen's Relief Act covers you as long as your in active duty. The reason for the act was to prevent banks from foreclosing on soldiers who are deployed, or are in service and locations other than where they reside. Thus once you receive a discharge and are no longer in the armed forces, the serviceman's relief act does not apply to you any longer. So to answer your question the foreclosure paperwork which start or be able to be started as soon as you receive your discharge or the time. Which is 20 days if you respond to the serviceman's relief act notice. Your best way to get more time into get rid of the liabilities of paying the deficiency between your mortgage and the auction sale would be to file a chapter 7 bankruptcy. This. A foreclosure proceedings and will discharge your debt and the liability to pay any deficiency between the mortgage and the foreclosure auction sale. Also after a bankruptcy discharge is received, the banks usually moves much slower in foreclosure proceedings thus you can remain in your house until house is foreclosed upon and the new owners or the banks take eviction proceedings to remove you from the property. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147
Answered on Apr 02nd, 2014 at 12:32 PM

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