Legal Question in Real Estate Law in Tennessee

Re: Stopping a Foreclosure Sale Date For an Enlisted Military Person

In addition to the federal law the Richard Sedgley mentioned, which you can find on the Internet by searching for Soldier and Sailor Civil Relief Act, here is a Florida appellate case that holds in your favor. This precedent is not binding in Tennessee, but it could influence a court to decide a case the same way.

FEDERAL HOME LOAN MORTGAGE CORP. v. TAYLOR, 318 So.2d 203 (Fla.Dist.Ct.App. 1975) (Inequities prevent strict enforcement of acceleration for serviceman sent to the Philippines) Defendants own residence in Florida with a mortgage. They must move to Philippines as part of active duty assignment around 1973. They default and make up the difference, then do it again repeatedly. Payments crossing in mail. Mortgagee accepts the late payments and then stops. Defendants are unsure of the mail and pay into an escrow. P accelerates. Is acceleration unconscionable? YES. Lender argues it had a right to accelerate because the note says what it says. Borrower answers with good faith efforts to pay and placing amount in escrow. Borrower concedes technical default. Court finds for Defendant: (1) lag in mail led to miscommunication, (2) Mortgagor was in Philippines not by choice, (3) good faith effort to bring account current.

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Re: Stopping a Foreclosure Sale Date For an Enlisted Military Person

I concur with the other authors. I suggest contacting the Bank, advise them of your situation. They may consider a moratorium while you are in the service, or at least some reduced payment plan. Good Luck.

Re: Stopping a Foreclosure Sale Date For an Enlisted Military Person

The soldier and sailor civil relief act protects servce members from foreclosure if it can be show that the debt was incurred prior to military service and the military salary is less than the members former salary.r.a.sedgley