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Battling On The Front Lines Of Service Member Foreclosures

Law360, New York (October 10, 2014, 10:49 AM EDT) -- A complicated, but sometimes overlooked, issue facing foreclosing lenders is properly handling and defending against claims that a service member-owner is entitled to protections from foreclosure based on his or her status as a service member. The Servicemembers Civil Relief Act (2003), 50 App. U.S.C. §§ 501-515, 516-597b, provides protections to service members in various legal contexts, including foreclosure actions. The act’s stated purposes are “to provide for, strengthen, and expedite the national defense through protection ... to servicemembers of the United States to enable such persons to devote their entire energy to the defense needs of the Nation” and “to...

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