Who is covered
- The property is owned by a servicemember.
- The mortgage or deed of trust was taken out before the period of military service began.
A mortgage taken out during your military service is not covered by this protection.
What the law does
- A sale, foreclosure or seizure of the property for not paying is not valid if it is made during your military service or within one year after it, unless a court ordered it first or you agreed in a written waiver.
- If the lender files a court case during your service or within one year after it, the court may pause the case or adjust the debt. If you ask, and your service materially affects your ability to pay, the court must do one of those.
- Knowingly carrying out a sale or foreclosure the law forbids is a federal crime.
The one-year period is permanent
The protection after service used to be 90 days and was raised in steps to one year. A scheduled return to 90 days was repealed in 2018, so the one-year period is now permanent.
What this means in a state with no court foreclosure
In many states a lender can foreclose without going to court. For a covered servicemember that route is closed during service and for a year after: the lender needs a court order first. Tell your servicer, and the trustee named on any notice of sale, in writing that you are in military service or left within the past year.
Be careful what you sign
The protection can be given up with a written waiver. Read anything your servicer asks you to sign, including a repayment or modification agreement, and ask your installation's legal assistance office to look at it first.
Who to call
- Your installation's legal assistance office.
- If you have a VA loan: VA at 877-827-3702, option 6. See VA loans.
- A free HUD-approved housing counselor: (800) 569-4287.
How much time do you have? It depends on your state.
See the foreclosure timeline, deadlines and free local help for the state where the home is.
Common questions
Does the SCRA cancel my mortgage payments?
No. The payments still come due. The law limits how and when a lender can foreclose, and lets a court pause a case or adjust the debt. Ask your servicer about forbearance and the other options while you are protected.
I bought my home while I was already serving. Am I covered?
Not by this protection, which applies only to a mortgage taken out before your military service. The federal servicing rules still apply to you; see your federal rights.
Keep reading
- What to do firstThe earlier you act, the more options you have. These are the first six things to do, in order, whether you are about to miss a payment or are already a few months behind.
- A sale date is setA sale date means time is short, not that it has run out. Each option below has its own cutoff, so the order you act in matters. Start today.
- Avoid foreclosure rescue scamsPeople facing foreclosure are a target. Federal law bans most upfront fees for mortgage relief, so any company that asks to be paid before you have an offer from your servicer is breaking the rules.
- Your federal rightsFederal rules (Regulation X) set the floor in every state. They do not force your servicer to approve any option, but they control when it can start a foreclosure and how it must handle your application.
- Help by loan typeYour servicer collects the payments, but the rules for what it can offer you come from whoever owns or insures the loan. Find that out first.
- Taxes after foreclosureThe IRS treats a foreclosure as a sale, and forgiven debt is usually income. The main home exclusion many people relied on has expired for most 2026 cases, but insolvency and bankruptcy exclusions still apply.