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#2279873 - 01/17/23 02:58 PM SCRA foreclosure protection on business loans
KMenard Offline
Member
Joined: Oct 2014
Posts: 88
Our foreclosure procedures include checking any borrower against the SCRA database at the beginning of the foreclosure process and then prior to the sale. However, I just learned that on business loans only signers on the loan are reviewed against the SCRA database but guarantors are not. I understand that anyone directly or indirectly obligated for the loan would be protected under SCRA and the database should be reviewed prior to the beginning of the foreclosure. Am I trying to be over-cautious? The loan in question was made to an LLC, secured by commercial property, and the “owners” signed as guarantors. I have reviewed the database and the guarantors were not on active duty at the time of the foreclosure. Thanks for any help.

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Lending to Servicemembers (SCRA, JWNDAA), War, Terrorism
#2295387 - 04/01/24 06:41 PM Re: SCRA foreclosure protection on business loans KMenard
MAFCCons Offline
100 Club
Joined: Nov 2014
Posts: 115
Bump - in addition to the question asked - if the servicemember is a guarantor on a loan to an LLC (not a joint obligor), does the LLC loan get the 6% rate reduction benefit? I read the 50 U.S.C. § 3913 that talks about protections for secondarily liable servicemembers but the rate reduction wasn't listed there.

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