Housing Law Provides Protection For Military Families

Fall 2008

The Housing and Economic Recovery Act of 2008, H.R. 3221, was signed into law (Public Law 110-289) this July by President Bush. This legislation is designed to help homeowners keep their existing homes and provide first-time buyers access to affordable housing.

Military families should know that several provisions within H.R. 3221 uniquely impact servicemembers and veterans. The law will:

  • Exclude military housing allowances from counting as income when servicemembers try to qualify for low-income housing.
  • Expand the foreclosure protection for servicemembers returning from deployment. Previously, servicemembers enjoyed 90 days' protection from foreclosure; this is now raised to nine months. This temporary protection expires December 31, 2010.
  • Provide a temporary increase until the end of the year for the maximum loan guaranteed by the Department of Veteran Affairs (VA). Depending on the median housing prices for the area, the cap can run as high as $720,750 and as low as $417,000.
  • Require the Secretary of Defense to develop a program to provide financial counseling to returning servicemembers, including credit and home mortgage counseling.
  • Provide a moving benefit to servicemembers who are forced to move out of rental housing if the owner of the housing is foreclosed on.
  • Increase grants for severely disabled veterans from $50,000 to $60,000.
  • Make totally disabled servicemembers held on active duty for medical reasons eligible for VA grants for home alternations before their discharge.
  • Extend grants for specially adapted housing and assistance to veterans with severe burns and veterans residing outside the United States.
  • Allow veteran benefits received as a lump sum to be treated as monthly benefits for the purposes of eligibility for Section 8 Housing assistance.

To review the full law, visit http://thomas.loc.gov and type "HR 3221" into the search field.

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I am a real estate broker in the State of Virginia. My client, Kelly, whose husband has been transferred to Georgia, has two infants and needs to be near her husband. She has been left behind to divest of the home. It is not worth now what is owed on it. The city is condemning properties all around this same neighborhood because the housing is too close to Oceana Naval base. The city wants to buy it but Chase Home Mortgage will not move forward on the short sale to the city unless Kelly and her husband are willing to sign a waiver that writes away their SCRA rights, meaning that Chase can then foreclose on the property. This military family is still current on their payments but her husband is paying $150, per month to live with a family in Georgia because he must keep up the payments on the house here. If Chase was to foreclose then he could lose his security clearance and his job with the military. How can Chase Home Mortgage get away with attempting to waive what is statutory? Anyone have any ideas? In the meantime this family has been separated and are totally miserable. Shame on Chase!

Posted By: Gail Bucker on Wednesday, July 27, 2011 9:05:42 PM

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