Foreclosure generally requires a court order
Under the Servicemembers Civil Relief Act (50 U.S.C. § 3953), a lender generally cannot foreclose on a mortgage taken out before active duty — during service and for a protected period after — without a court order or a waiver. This is a strong shield for deployed and active-duty owners.
The 6% interest-rate cap
The SCRA also caps the interest rate on pre-service debts, including mortgages, at 6% during active duty when service materially affects your ability to pay (50 U.S.C. § 3937). You request it in writing with a copy of your orders, and the lender must forgive interest above 6% — not just defer it.
PCS orders and selling a home
Permanent Change of Station orders force fast moves, and you shouldn't have to take a loss or carry two homes. We help military families sell quickly and as-is so a PCS doesn't turn into a financial trap. See relocating and selling fast.
Where to get help
Your installation's Armed Forces Legal Assistance office provides free legal help, and HUD-approved housing counselors can assist. We're glad to point you to the right resource even if a sale isn't your best move.
A note from Chris: I’m Chris Moore, and I’m not a lawyer — this is not legal advice. It’s general information my team researched from the official sources cited on this page (the Florida Statutes and the references listed below), and laws change. For help with a specific legal matter you should talk to a licensed attorney. Need a good one? Reach out to me here and I’ll gladly share my references.
Frequently Asked Questions
Can my home be foreclosed while I'm on active duty?
Generally not without a court order for mortgages taken before service, under the SCRA (50 U.S.C. § 3953), during service and a protected period after.
How does the SCRA 6% interest cap work?
For pre-service debts, you can request in writing (with orders) that the rate be capped at 6% during active duty when service affects your ability to pay (50 U.S.C. § 3937). Interest above 6% is forgiven.
I got PCS orders and need to sell fast — can you help?
Yes. We buy as-is for cash and can close on your timeline so a move doesn't become a financial burden.
Where can military families get free legal help?
Your base Armed Forces Legal Assistance office and HUD-approved counselors offer free help.