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#2271244 - 06/06/22 04:30 PM Servicemember on active duty already wants loan?
ccman Offline
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Joined: Sep 2007
Posts: 937
If the SM is on active duty oversees already is he protected by SCRA or MLA?

He has given his POA to his father to apply for a 1st Mortgage-HELOC that has a variable rate.

Your reply is greatly appreciated.

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Lending to Servicemembers (SCRA, JWNDAA), War, Terrorism
#2271248 - 06/06/22 04:44 PM Re: Servicemember on active duty already wants loan? ccman
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 84,795
Galveston, TX
You might have to define what "protections" you are talking about. If you mean the 6% interest limitation, no, that does not apply to debt acquired while they are on active military duty.
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#2271249 - 06/06/22 04:45 PM Re: Servicemember on active duty already wants loan? ccman
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,763
Bloomington, IN
All active duty servicemembers are protected by the SCRA & covered loans under the MLA.

If they are active duty at the time the loan is made they are not subject to the 6% rate limitation but other SCRA provisions c/would apply.

Loans secured by a dwelling are not covered loans under the MLA.
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The opinions expressed are mine and they are not to be taken as legal advice.

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#2271267 - 06/06/22 08:45 PM Re: Servicemember on active duty already wants loan? Dan Persfull
ccman Offline
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Joined: Sep 2007
Posts: 937
Thanks, Dan and rl. That's exactly the confirmation that I needed in dealing with an active duty officer overseas.

Proud to help, but in a compliant sort of way!

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