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Mortgage Issue: Military Pro Bono Project Success Story

November 28, 2011

A Navy Reservist, while deployed in Iraq, and his wife sought pro bono help to enforce court ordered anticipatory relief with a mortgage company under section 591 of the Servicemember’s Civil Relief Act (SCRA). Because of the Reservist’s deployment to Iraq, the family’s income reduced drastically, causing difficulty in paying mortgage and credit card payments. The Reservist’s wife filed for and was granted anticipatory relief. All but one lender had honored this court ordered relief. The lender that had not honored the court order filed a motion to vacate the stay, arguing that they were not properly served. The Reservist’s wife was struggling to handle this case pro se. The Military Pro Bono Project located an attorney who offered to provide pro bono help to this military family. The volunteer attorney obtained an optimal outcome for the family—obtaining an amended order and a refund of the mortgage payments paid by the military family during the months of the original stay.

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