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You’re on Active Duty in the Military

If you’re on active military duty, you have some special protections under the Servicemembers Civil Relief Act (SCRA). Foreclosures on mortgages you took out before you were on active duty must be judicial foreclosures, no matter what the custom is in your state. You can waive this requirement, but the waiver must be in writing and be executed while you are on active duty or afterwards. The right to a judicial foreclosure can’t be waived beforehand.

If a foreclosure is begun against you while you’re on active duty, you can automatically receive a 90-day postponement (stay) of the proceeding by requesting it from the court in writing. (See Ch. 4 for more detail on these rules.)