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SCRA Protection — HOA Foreclosure While on Military Deployment

50 U.S.C. § 3953 · Federal Court

Situation — How This Comes Up

My home was foreclosed by the HOA while I was deployed overseas.

What You Need to Know First

The Servicemembers Civil Relief Act protects active duty military members from HOA foreclosure. A foreclosure that proceeds without court approval against a servicemember violates federal law and is voidable.

Full Analysis

The Servicemembers Civil Relief Act requires court approval before any foreclosure, lien enforcement, or similar action against a servicemember on active duty. An HOA that forecloses without obtaining court approval violates the SCRA and can be held liable for damages.

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