Is it true that Massachusetts law does not allow the bank to foreclose on my house because my husband is in the military? (Posted by Smith on The Forum.)
Editor's Response:
Not Massachusetts law, but in some cases federal law may delay or stop a foreclosure of a home owned by a member of the military. Under the Soldiers' & Sailors' Relief Act, a lender can not foreclose or seize a property for a failure to pay a mortgage debt while the owner is a service member on active duty or within 90 days after the owner was on active duty. Before proceeding with any foreclosure, the lender must first convince the Massachusetts Land Court that the homeowner is not protected by the Act. If the Act is relevant (if the homeowner was or is on active military duty), then the lender must show that the service member's ability to repay the debt was not related to his or her military service.
However, if the lender can make that showing, the Land Court will allow the foreclosure to move forward. As in any case where your lender is sending default notices or proceeding with a foreclosure action, you should consult an attorney as quickly as possible.