Foreclosure Protection for Servicemembers Extended by Congress 

Published  on  4/27/2016  by  Martin, James T.

In 2008, Congress passed legislation which extended the protection from foreclosure actions for active duty servicemembers up to 9 months after the end of the period of military service.  In 2012, Congress extended that time to 12 months after the end of the military service.  When the prior legislation expired at the end of 2015 the protection for servicemembers reverted to a period of 90 days after the end of the military service period.

The law as currently adopted extends the protection for 12 months after the end of the military service period.  In addition, the sunset provision of the act is now extended through December 31, 2017.  The act as retroactive to January 1, 2016.

The law applies to obligations of servicemembers secured by a mortgage, trust deed or other security in the nature of a mortgage on real or personal property which originated before the period of military service for which the servicemember is still obligated.

Martin_Jim_TN.jpgJim Martin has more than 30 years of experience in the public and private sector representing clients in legislative and administrative matters before state and local governmental agencies and regulatory boards and commissions.  He may be reached at 252.972.7093 or by email at

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