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How does the SCRA protect military families from foreclosure?

If you took out your mortgage before you went on active duty, the Servicemembers Civil Relief Act, or SCRA, gives you strong protection. In general, a foreclosure sale during your service, or within one year after it ends, is not valid without a court order or a proper agreement. Courts can also pause or adjust what you owe when service makes it hard to pay. Free military legal help can walk you through it.

By Guillermo Serafin, broker and owner of Serve First Realty. Updated October 2026.

Who does the SCRA protect?

The SCRA mainly protects active-duty servicemembers, and in some cases their family members, who took out a mortgage before their service began. If your loan started while you were already on active duty, these mortgage protections may not apply. A military legal assistance office can tell you if your loan qualifies.

What does the SCRA do for my home?

  • A foreclosure sale during your military service, or within one year after it ends, is generally not valid without a court order or an agreement that meets the law.
  • A court can pause the case or change what you owe when your service makes it hard to keep up.
  • Interest on debts from before your service can generally be capped at 6 percent.
  • The SCRA does not erase the debt. You still owe the loan, so keep talking with your servicer.

What should I do now?

  • Tell your servicer in writing that you are on active duty. Ask what proof they need, and keep a copy of what you send.
  • Read your mail. In California, before a Notice of Default, servicers covered by the law must send written information about servicemember protections.
  • Ask your servicer about every option, such as forbearance, a repayment plan, or a loan modification. See your alternatives compared.
  • Get free legal help from your base legal assistance office. You can also start at Military OneSource or the military legal assistance office locator.
  • Keep a record of every call and letter. Our servicer call log can help.

What if I have a VA loan?

  • VA Loan Technicians can step in with your servicer. Call VA at 877-827-3702, option 6, Monday to Friday, 8 a.m. to 6 p.m. Eastern. TTY 711.
  • Ask about the new VA Partial Claim Program. VA pays the missed amount to bring your loan current after you finish a 3-month trial payment plan. It has no monthly payment and is repaid when you sell, refinance, or pay off the loan.
  • VA opened the program June 15, 2026. Servicers must have it in their systems by November 28, 2026.
  • Read more in our VA borrower's guide.

What if I have a CalVet loan?

CalVet owns and services its own home loans. If you have a CalVet loan and are having trouble, call CalVet directly using the number on your statement and ask what hardship help it offers. Your County Veterans Service Office can also connect you to VA benefits and local help.

Where else can I get free help?

  • A free HUD-approved housing counselor: 800-569-4287.
  • The free HOPE Hotline: 888-995-4673.
  • Watch for scams. Anyone who claims to be from a "military" or "government" program and wants money up front is a red flag. See our scam red flags guide.

General information, not legal advice. Sources: Servicemembers Civil Relief Act, 50 U.S.C. section 3953; California Civil Code section 2923.55; U.S. Department of Veterans Affairs, Trouble Making Payments page (checked October 29, 2026).

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