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Judicial Foreclosure Is Required

Probably the most important protection for families in nonjudicial foreclosure states (see Ch. 2) is that the SCRA requires a court order before your house can be sold in foreclosure. If the lender forecloses without a court order, the sale is invalid. Even threats to foreclose without going to court are illegal. Because judicial foreclosures are much more expensive and typically take much longer than nonjudicial foreclosures, you may have a better chance of working something out with the lender.

You can delay (the legal term is “stay”) a foreclosure procedure for nine months if you request it from the court in writing. A nonprofit foreclosure counselor (or military legal services if you are deployed out of the country) can help you with a letter to the court.