OFF TO WAR

Lenders and landlords should be aware of the protections afforded at both State and Federal level to persons called to active military service.

The Federal Soldiers' and Sailors' Civil Relief Act of 1940 protects active service members and their families from foreclosure or eviction while the service member is on active military duty, but subject to a rent limitation of $1,200; occupants of dwellings that rent in excess of that sum are not protected by Federal law. New York State gives protection to every service member and family, regardless of rent.

Federal law stays home foreclosures for the duration of service, provided the mortgage was entered into prior to the call-up of the mortgagor. There are statutory limits on the interest than can be charged on debts (including mortgages) during Federal active duty, provided the debts were incurred before call-up. Service members called to active duty also have lease termination rights under Federal and State law.

In the case of National Guard personnel called to active duty, there may be active duty for State purposes (for example, disaster relief) that is not Federal active duty, and there may be Federal active duty (for example, Operation Desert Storm). The nature and extent of legal protections may be different depending upon the State of residence and the class of active duty.

Therefore, lenders and landlords, should check whether your tenant or borrower is in military service, before you start to evict or foreclose.