In short: The Servicemembers Civil Relief Act protects servicemembers with mortgages taken out before active duty. A foreclosure during service or within one year after is invalid without a court order. Interest on those mortgages is capped at 6% during service and for a year after. Before any default judgment, the plaintiff must file an affidavit about military status.
Florida has one of the largest military populations in the country. Federal law gives servicemembers and their families specific foreclosure protections, and lenders still get them wrong.
The One-Year Rule
For a mortgage obligation that originated before military service, a sale, foreclosure, or seizure of the property during service or within one year after service ends is not valid unless a court orders it or the servicemember signs a valid waiver (50 U.S.C. § 3953). Florida is a judicial foreclosure state, so the court must consider the protection before entering judgment.
The 6% Interest Cap
Pre-service debts are capped at 6% interest during military service, and for mortgages, for one year after (50 U.S.C. § 3937). The excess interest is forgiven, not deferred. The servicemember must give the lender written notice and a copy of the orders.
Stays
A court may stay the proceeding or adjust the obligation when military service materially affects the servicemember’s ability to pay or to appear.
Default Judgments
Before a default judgment in any civil case, the plaintiff must file an affidavit stating whether the defendant is in military service (50 U.S.C. § 3931). If the defendant is in service, the court must appoint counsel before entering judgment. A default judgment entered in violation can be reopened.
Who Is Covered
Active-duty members of the armed forces, reservists and National Guard members on qualifying federal orders, and in some situations their dependents. Florida law adds protections for Florida National Guard members on state active duty.
What to Do
- Send the servicer a copy of your orders and request the 6% rate in writing.
- Tell the court about your service in any foreclosure, and ask for a stay if service affects your ability to respond.
- Contact your installation’s legal assistance office as well as private counsel.
Watch: the videos behind this article
Foreclosures On American Soldiers – Servicemember's Civil Relief Act
SCRA Attorney Matt Weidner
Go Deeper
Frequently Asked Questions
Can a servicemember be foreclosed on in Florida?
For a mortgage taken out before service, not during service or within one year after without a court order or valid waiver (50 U.S.C. § 3953).
What is the SCRA interest rate cap?
6% on pre-service debts during service, and for mortgages, for one year after. Excess interest is forgiven.
Does the SCRA apply to National Guard members?
Yes, when they are on qualifying federal orders. Florida law adds protections for state active duty.
What if I got a default judgment while deployed?
A default judgment entered without the required military affidavit and protections can be reopened. Act promptly.
Talk to a Florida foreclosure lawyer
Weidner Law, P.A. has defended Florida homeowners in foreclosure for more than 25 years. If you need a foreclosure lawyer in St. Petersburg, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: Florida’s foreclosure statutes (Chapter 702) and judicial sales (Chapter 45), and every Florida rule on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
