Unfortunately the current real estate market in Northern Virginia has proved a rude awakening for some renting military families. Landlords who decided NOT to pay their mortgages have left the tenants holding the bag when the sheriff comes to the door.
Military familes who are forced to make a local move due to a foreclosure may find some relief from the Servicemrmbers Civil Relief Act. Not many servicemembers know that under section 531 in the SCRA anyone looking to evict an active duty servicemember from a rental property that is their primary residence must have a court order. This applies to rent that is less than $2831.113 per month. Servicemembers can apply to the court to stay their eviction or reduce their rent until their case works it's way through the legal process.As of July 2008 servicemembers who are being forced to leave their rental property due to foreclosure can apply to their base legal services and transportation office to seek financial assistance with their move. In addition to the assistance you may find through your base you can also seek "cash for keys" from the lender who is foreclosing on the property.
Recently a family that I had helped find a home last year and signed a multiple year lease found themselves forced to move. I spoke with the agent who had contacted the renters about the impending foreclosure and was able to assist them with a "cash for keys" opportunity that provided them $1500 to move. They are currently working with their transportation office to see about assistance with additional moving expenses. If you are a renter and have been notified of your landlords impending foreclosure RUN to your local legal office to talk about the options that the SRCA may provide for you.
A few lenders are forestalling foreclosure procedures for properties with renters who are current on their rental payments. Hopefully these lenders will realize a property with a paying tenant is better than an empty home during the winter months.
Military Legal Services Locations
No Hassle-No Pressure-Just Straight Talk About The Northern Virginia Real Estate Market
Military Relocation Specialist serving military families relocating to and from the Pentagon, Fort Belvoir, Quantico MCB and all of the Military District of Washington installations.
Licensed in Virginia
Cindy: Thank you for this information. My son is in the Marines and he was not aware of this act. Isn't the monthly rental limit an odd number? It's disturbing to hear that military renters are falling victims to all of this as well.
Thank you for this post, Cindy. I will pass this information on to the military unit we are part of.
Cindy, at least there is help for these renters. Never gave it any thought. What happens if the renter is overseas at the time?
Hi Cindy, This sounds like a great program for military families. Thanks for sharing and I hope you have a wonderful Christmas.
Kelly-yes it did seem like an odd number. Unfortunately this is one of those side effects of the current foreclosure mess.
Katrin-glad that you found the information of use.
Kay-I suspect this only applies to rentals in the US as this is the only area I know of where evictions might happen, especially with foreclosures.
Sandy-I wish I had known about the new changes just a bit sooner to pass on to others. Happy holidays!
Hey, Cindy. We have that problem here, but we also have seen a lot of military families that bought properties they couldn't afford being foreclosed on. There are a couple of neighborhoods here that were something like 80% military familiar in 2006 and now they are 80% foreclosed homes. They fell for the same ARMs and no-doc/no down payment loans that everyone else fell for.
Best wishes for health, happiness, peace, and prosperity in 2009.
Jim-yes there are military families who are also taking a hit on the sale of their homes as well as those who are finding themselves being asked to leave the homes they rented.
Thanks for the information. It could come in handy.
Gene-hopefully we won't have to many military families who will need to use the new regulations next year.
Cindy this is great information to have available. It is unfortunate that military families are finding themselves with the sheriff at the door. Hopefully their legal offices will be able to at least help them with some funds to offset the cost of a mid tour move.
Pat it has been tough having to quickly find new rental properties for military families this year. I just got a call today from one of my clients who may be facing a home going to foreclosure. He is calling his legal office to see if he qualifies for any relief.