SHORT SALE & THE SERVICEMEMBERS' CIVIL RELIEF ACT (SCRA)?

By
Real Estate Agent with Keller Williams Realty Central Delaware

HAPPY NEW YEAR!!!!!!!

This Blog comes in the form of a question. Is there relief in this market for a military member who owes more on their home than what it is currently valued? Is a short sale possible or even advised if they plan on purchasing in the area they are being re-assigned? I do understand that short sales hurt your credit but not nearly as bad as a foreclosure. Here's the scenario:

Joe The Soldier (smile) purchased a home just 2 years ago that appraised for $400k plus which was the purchase amount. Joe received assignment orders to a location in another state. He wants to purchase in the area of his new assignment but has yet to sell his home because the values have drastically dropped over the past year. Joe isn't trying to make a killing, he just wants to break even or pay a minimal amount to get out of this home so he can make the next purchase. His home is on the market and listed at the lowest possible price he can afford to sell but not even a nibble.

Joe talks to G.I. Jane who is assigned in another state but in the same situation as he is currently. She states that she obtained a letter from her realtor requesting she be allowed to do a short sale on her home without the reprocussions of negative credit because of her situation and in accordance with the Servicemembers' Civil Relief Act (SCRA). I, Joe The Soldier's realtor, googled SCRA and searched the JAG website but found nothing relative to his particular situation. May i point out that he is not behind in his mortgage? I plan on putting a call in to the local JAG office to present this scenario and questions I have about this delima.

Any information you may have would be greatly appreciated.

By the way, here's the link to the website i went to: https://www.jagcnet.army.mil/852573F600760E8C/nav?openform&ewb=312012726&est=Servicemembers%27%20Civil%20Relief%20Act&noly=1

Comments (13)

Lorraine or Loretta Kratz
Crescent Moon Realty, Inc. & Land N Sea Auctions. - San Marcos, CA
Certified Negotiation Consultants

Jon:

I would like to know the answer myself, I live in San Diego and have talked with several families in the military and due to no fault of theres they are being re-assigned and need to sell, because real estate is decending they owe more than their home is worth. We have talked about loan modification, re-fi but the challenge is that most lenders want at least 20% equity in the home.

Jan 01, 2009 12:45 AM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

Hmmm...we have no information and only recruiting offices here...I am not sure if aI were in the military knowing assignments were temporary that I would buy...know too that the credit ding is more than a little and more than likely it will prevent the person from buying in the next assigned city......good question...though I don't know if I would believe "I am from the gov't  and here to help you..." Let us know what you find out !  Happy new year !

Jan 01, 2009 12:47 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

YES.  There is relief for home owners with VA loans.  I'll look it up in my file and post it.

 

Jan 01, 2009 01:05 AM
Jon Graham
Keller Williams Realty Central Delaware - Dover Air Force Base, DE
CRS, ABR

Thanks Lenn. I'll be looking for that for some of my other clients but this one is not a VA loan. Sorry I didn't mention that!

Jan 01, 2009 01:18 AM
Brian Brumpton
Keller Williams Boise - Boise, ID
Boise Idaho Real Estate

I'll be interested to see Lenn's post.  Good question.

Jan 01, 2009 02:06 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Too bad.  The buyer was probably talked out of using a VA loan by some real estate agent, seller, listing agent or lender. 

Looks like Joe is headed for a short sale or foreclosure.

My recollection of the military Civil Relief Act provided relief for military personnel serving in Iraq to prevent mortgage companies from foreclosing on serving military members.

Good luck.  Find some help for this soldier.

Jan 01, 2009 10:29 PM
Jon Graham
Keller Williams Realty Central Delaware - Dover Air Force Base, DE
CRS, ABR

Yes Lenn. Too bad someone talked them out of using a VA but fortunately it wasn't this realtor/real estate agent! The good news is that this was an early request for information and there's still several months remaining to work with. I am determined to maintain a winning attitude this year and the years to follow. Hey! If all else fails, I'll just have to sell the house for what they owe! :) Seriously, I really appreciate all your advice, expertise, and wisdom. Be coming to you with more this year I'm sure. Thanks again Lenn!

Jan 03, 2009 04:25 AM
Anonymous
Diana Geremia

Hi Len,

Do you have any information of the relief provided under the SCRA for military personel in a short sale situation. My client has a VA loan and needs to short sell due divorce.  Do you know if the SCRA provides assistance in her case? Thanks Diana

Apr 06, 2009 08:57 AM
#8
Anonymous
Military Wife

Try the Homeowners Assistance Program (HAP) through the Department of Defense (DoD) for military personnel assistance with the short sale of a home.

Jan 16, 2010 02:37 AM
#9
Anonymous
Kelly

I have found myself in the mentioned scenerio. We have a home we have to sell with a VA loan. We will not be able to sell for enough to cover the loan. My question is, what is the best way to cover the loss at the time of closing. From what I have read, it is all reimbersable to the military member, but does not get you through the time of sale.

Jan 25, 2010 07:06 AM
#10
Anonymous
Will

I am unfortunately in a very similar situation with a VA loan but I only have 15 days until I transfer. I could never rent the house for enough to cover the mortgage so I have submitted a short sale package and currently have a reasonable offer on my home. However, just today I recieved word that my short sale has been denied because I am not late on my mortgage payment and the potential buyers are now on the verge of pulling their offer. This to me is rediculous and I am at a loss for where to go from here. I am open to any and all suggestions. Please help!!!!

Mar 30, 2010 11:50 AM
#11
Erika Walker
Dyer-Walker Real Estate - San Marcos, CA
"Selling Real Estate with a Touch of Class"

Interesting.. has anything changed? its 12.6.10- I'm looking to help a military family, relocated to FL, theire never coming back to San Diego, they're not late on their payments and their home is worth less than they owe...any new programs for them... anyone know?

Dec 06, 2010 12:03 PM
Phil Leng
Retired - Kirkland, WA
Phil Leng - Retired

Hi Jon,

I too have a similar case.

Thanks for posting this.

All the best in 2012

Phil

Jan 11, 2012 09:59 PM

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