Legal Question in Real Estate Law in California

There is a law called the Servicemembers Civil Relief Act, or SCRA. It is the successor to the Soldiers and Sailors Relief Act of 1940. Any provisions of law extending special protection to men and women on active duty would be in that law.

You will find many references to the SCRA on Google and via other search engines, or ask your CO. Here is one useful link: http://www.military.com/benefits/legal-matters/scra/overview

I'm not an expert on what's in and what isn't in the SCRA. I'm pretty sure it contains substantial protection against foreclosures. I'm much less certain that it places any restrictions on financial firms' buying and selling mortgages. This is very commonplace; few mortgages (i.e., notes secured by deeds of trust) end up being owned by the lender that originated them.

Another caution for you is that the SCRA may not provide as much protection for mortgages taken out before you became active-duty military as it does for those loans made after you became active-duty.

What ever protections are in the laws Mr. Whipple refers to, the general rule is that someone buying a contract is bound by all the terms of the contract. So what ever Chase agreed to is also binding on EMC, etc.The subsequent mortgage note holders will probably say that Chase's additional agreement was not in writing and so they had no notice of it and you have to fight that out with Chase, but you should argue that is an issue they must resolve with Chase as you did not know the note would be sold and they bought it at their own peril.