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PDF Editor FAQ
During World War 2, when the man of the house would go off to war, how would the woman pay rent or taxes?
Unemployment was at one of its lowest in 43–44. Many spouses found outside jobs. Spouses would send home military pay. Spouses would also move in with families.Then there was legal aid and protection for those serving their country. During WWII it was called the Soldiers and Sailors Relief Act. Since then it has been expanded.“[T]he Act [SCRA] must be read with an eye friendly to those who dropped their affairs to answer their country’s call.” Le Maistre v. Leffers, 333 U.S. 1, 6 (1948) (citing Boone v. Lightner, 319 U.S. 561, 575 (1943)). Restated, the SCRA should generally be read in favor of the servicemembers it is intended to protect. See id.”“Under the SCRA, the Attorney General is authorized to file a federal lawsuit against any person (or entity) who engages in a pattern or practice of violating this law. 50 U.S.C. § 4041(a)(1). The Attorney General may also file such a suit where the facts at hand raise "an issue of significant public importance.” Id. at § 4041(a)(2). When the Attorney General files a lawsuit under the SCRA, he has the authority to seek monetary damages on behalf of individual servicemembers. Id. at § 4041(b)(2). The Attorney General also has the authority to seek civil penalties, equitable relief, and declaratory relief. Id.at § 4041(b).”“We encourage all servicemembers to first seek assistance from a local military legal assistance office. However, if military legal assistance cannot resolve the concern, the individual is not eligible for military legal assistance services, or the matter is time-sensitive, the Department will review the complaint to determine whether action is appropriate.”“The SCRA provides a wide range of benefits and protections to those in military service. See 50 U.S.C. §§ 3901-4043. Military service is defined under the SCRA as including: 1) full-time active duty members of the five military branches (Army, Navy, Air Force, Marine Corps and Coast Guard); 2) Reservists on federal active duty; and 3) members of the National Guard on federal orders for a period of more than 30 days. Id. at § 3911(2). Servicemembers absent from duty for a lawful cause or because of sickness, wounds or leave are covered by the SCRA. Id. at § 3911(2)(C). Commissioned officers in active service of the Public Health Service (PHS) or the National Oceanic and Atmospheric Administration (NOAA) are also covered by the SCRA. Id. at § 3911(2)(B).”“The SCRA also provides certain benefits and protections to servicemember dependents, see, e.g., 50 U.S.C. § 3955, and, in certain instances, to those who co-signed a loan for, or took out a loan with, a servicemember. See id. at § 3913. The term “dependent” includes a servicemember’s spouse, children, and any other person for whom the servicemember has provided more than half of their financial support for the past 180 days. Id. at § 3911(4). For most servicemembers, SCRA protections begin on the date they enter active duty military service. See 50 U.S.C. § 3911(3). For military reservists, protections begin upon the receipt of certain military orders. Id. at § 3917(a).”SPECIFIC BENEFITS AND PROTECTIONS“The SCRA’s benefits and protections include a six percent interest rate cap on financial obligations that were incurred prior to military service, 50 U.S.C. § 3937; the ability to stay civil court proceedings, id. at §§ 3931, 3932; protections in connection with default judgments, id.; protections in connection with residential (apartment) lease terminations, id. at § 3955; and protections in connection with evictions, mortgage foreclosures, and installment contracts such as car loans. Id. at §§ 3931, 51, 53, 55-56. ““Below you will find a description of those SCRA benefits and protections that trigger the most questions received by the Department of Justice. For questions involving areas of the SCRA not addressed below, please feel free to contact us.”Benefit and Protection No. 1 – The six percent interest rate cap. 50 U.S.C. § 3937“The SCRA limits the amount of interest that may be charged on certain financial obligations that were incurred prior to military service to no more than six percent per year, including most fees. 50 U.S.C. § 3937(a)(1) & (d)(1). In order to have the interest rate on a financial obligation such as a credit card or a mortgage capped at six percent per year, a servicemember must provide the creditor with written notice and a copy of his or her military orders or “other appropriate indicator of military service” (such as a letter from a commanding officer). Id. at § 3937(b)(1). The written notice and proof of military service must be provided to the creditor within 180 days of the end of the servicemember’s military service. Id. ““In response, a creditor must forgive – not defer – interest greater than six percent per year. See 50 U.S.C. § 3937(a)(2). The creditor must forgive this interest retroactively. See id. at § 3937(a)(1) & (b)(2). The creditor is also prohibited from accelerating the payment of principal in response to a properly made request for a six percent interest rate cap. Id. at § 3937(a)(3).”“For mortgages, interest is capped at six percent during the entire period of military service and for one year after the period of military service. 50 U.S.C. § 3937(a)(1)(A). For all other obligations, interest is capped at six percent only for the duration of the period of military service. Id. at § 3937(a)(1)(B).”“A hypothetical under Section 3937 of the SCRA, 50 U.S.C. § 3937: John Doe takes out a mortgage and then enters military service. Captain John Doe is in military service continuously for 20 years. Captain Doe retires from military service and on the 179th day of his retirement asks that the interest rate on his mortgage be lowered to six percent per year. Captain Doe provides his creditor with a written notice and a copy of all of his military orders. The creditor must forgive the entire 20 years of interest that was at a rate greater than six percent – inclusive of fees – and an additional year of interest going forward. See, generally, 50 U.S.C. § 3937.”“The following types of financial obligations, among others, are currently eligible for the six percent SCRA interest rate benefit: credit cards; automobile, ATV, boat and other vehicle loans; mortgages; home equity loans; and student loans. See, e.g., 50 U.S.C. § 3937(d)(2). ““On August 14, 2008, President Bush signed into law the Higher Education Opportunity Act, P.L. 110-315, that, among other things, amended 20 U.S.C. § 1078(d) to make federally guaranteed student loans protected under the SCRA. That means that prior to August 14, 2008, the SCRA did not cover federally guaranteed student loans. So, for federally guaranteed student loans that originated before August 14, 2008, such as student loans that originated under the Federal Family Education Loan (“FFEL”) Program and Direct Loans from the Department of Education, the servicemember borrower is not covered by the SCRA.”“A student loan hypothetical under Section 3937 of the SCRA, 50 U.S.C. § 3937: John Doe takes out five private student loans prior to entering into military service. After entering military service, Servicemember Doe consolidates his five loans into one loan. Six months later, he hears about the SCRA’s six percent interest rate cap and requests that the interest rate on his loan be lowered to six percent per year. He sends in a written notice and a copy of his military orders.”“Question: Is Servicemember Doe entitled to the six percent interest rate cap?Answer: Only for the period of time between when he entered military service and when he consolidated his private student loans. Servicemember Doe’s existing student loan originated during a period of military service. See 50 U.S.C. § 3937(a)(1).”Benefit and Protection No. 2 – Protections against default judgments. 50 U.S.C. § 3931.“In any civil court proceeding in which the defendant servicemember does not make an appearance, a plaintiff creditor must file an affidavit with the court stating one of three things: 1) that the defendant is in military service; 2) that the defendant is not in military service; or 3) that the creditor is unable to determine whether or not the defendant is in military service after making a good faith effort to determine the defendant’s military service status. Id. at § 3931(b)(1). This comes up most frequently for the Department of Justice in the context of judicial foreclosure proceedings. [Note: Foreclosures typically proceed in one of two ways, either judicially (through a court process), or non-judicially (without a court’s involvement). The way in which the SCRA treats the two types of foreclosure proceedings is very different, see 50 U.S.C. §§ 3931, 32 & 53, and states typically specify which way foreclosures may proceed within their borders.]”“To verify an individual’s military service status, one may search the Department of Defense’s Defense Manpower Data Center (“DMDC”) database. This database may be located online at: https://scra.dmdc.osd.mil/.”“The SCRA states that for civil court proceedings where a defendant servicemember has not made an appearance and it seems that he or she is in military service, a court may not enter a default judgment against that defendant until after it appoints an attorney to represent the interests of that defendant servicemember. 50 U.S.C. § 3931(b)(2). The court must stay a civil court proceeding for at least 90 days if that appointed attorney has been unable to contact the defendant servicemember, or if there may be a defense to the action that requires that the defendant be present. Id. at § 3931(d).”Benefit and Protection No. 3 – Non-judicial foreclosures. 50 U.S.C. § 3953.“Section 3953 of the SCRA, 50 U.S.C. § 3953, addresses the topic of mortgages and non-judicial foreclosures. See id. In order for a servicemember to receive the protections of Section 3953 of the SCRA, the “obligation on real or personal property” needs to have been taken out prior to the servicemember entering military service. Id. at § 3953(a)(1).”“Under Section 3953 of the SCRA, 50 U.S.C. § 3953, during a period of military service, and for one year after a period of military service (the “tail coverage” period), a creditor must get a court order prior to foreclosing on a mortgage. Id. This is a strict liability section of the SCRA, and a person who knowingly violates this provision may be fined and/or imprisoned for up to one year. Id. at § 3953(d). ““The tail coverage period described above has changed over time. The following is a summary of the tail coverage period over the years under 50 U.S.C. § 3953:December 19, 2003 to July 29, 2008 – 90 daysJuly 30, 2008 to February 1, 2013 – Nine monthsFebruary 2, 2013 to December 31, 2015 – One yearJanuary 1, 2016 to March 30, 2016 – 90 days. However, on March 31, 2016, the Foreclosure Relief and Extension for Servicemembers Act of 2015 was signed into law. See Foreclosure Relief and Extension for Servicemembers Act of 2015, Pub. L. No. 114-142, 130 Stat. 326 (2016). This extended the tail coverage period for non-judicial foreclosures back to one year, and made this change retroactive to January 1, 2016. See id.March 31, 2016 to present – One year“On May 24, 2018, the President signed into law the Economic Growth, Regulatory Relief, and Consumer Protection Act, Pub. L. No. 115-174. Section 313 provides for a permanent extension of the Section 3953 (non-judicial foreclosure) one-year tail coverage period.”“Courts have the ability under the SCRA, and a duty in certain instances, to stay a non-judicial foreclosure proceeding or adjust the payments, if the servicemember’s ability to meet the obligation is materially affected because of his or her military service. 50 U.S.C. § 3953(b).”Benefit and Protection No. 4 – Installment contracts and repossessions – 50 U.S.C. § 3952.“The SCRA states that a creditor may not repossess a vehicle during a borrower’s period of military service without a court order as long as the servicemember borrower either placed a deposit for the vehicle, or made at least one installment payment on the contract before entering military service. 50 U.S.C. § 3952.”Benefit and Protection No. 5 – Residential (apartment) lease terminations – 50 U.S.C. § 3955.“Section 3955 of the SCRA, 50 U.S.C. § 3955, addresses the topic of lease terminations. With respect to residential apartment leases, the SCRA requires that the premises be occupied (or are intended to be occupied) by a servicemember or a servicemember’s dependent(s). 50 U.S.C. § 3955(b)(1). Additionally, the lease must either be executed by a person who later enters military service, or is in military service and later receives permanent change of station (“PCS”) orders or deployment orders for a period of at least 90 days. Id. at § 3955(a)(1). To terminate a residential lease, the servicemember must submit a written notice and a copy of his or her military orders – or a letter from a commanding officer – by certain methods to the landlord or landlord’s agent. Id. at § 3955(c) & (i)(1). If a servicemember pays rent on a monthly basis, once he or she gives proper notice and a copy of his or her military orders, then the lease will terminate 30 days after the next rent payment is due. 50 U.S.C. § 3955(d)(1). If a servicemember lessee dies while in military service, the spouse of a lessee may terminate the lease within one year of the death. Id. at § 3955(a)(3).”“A lease termination hypothetical under Section 3955 of the SCRA, 50 U.S.C. § 3955: Jane Servicemember receives PCS orders to transfer from Iowa to Texas. She gives her landlord written notice of her intent to terminate her apartment lease and a copy of her PCS orders on September 18th. Her next rent payment is due on October 1st. The effective date of the lease termination will be Halloween – October 31st.See, generally, 50 U.S.C. § 3955.”The Servicemembers Civil Relief Act (SCRA)
Which type of foreclosure involves a court-ordered transfer of the mortgaged property to the lender?
There are two basic types of foreclosure: Judicial and non-judicial. The type of foreclosure is basically dependent upon which state the property is in. If you search for “judicial foreclosure states” you will get a list of states in which a lender must file a lawsuit to foreclose against a non-paying borrower.Foreclosures are generally judicial in the following states: Connecticut, Delaware, District of Columbia (sometimes), Florida, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana (executory proceeding), Maine, Nebraska (sometimes), New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma (if the homeowner requests it), Pennsylvania, South Carolina, South Dakota (if the homeowner requests it), Vermont, and Wisconsin.Such lawsuits are (in my opinion) costly and time consuming. They also permit a borrower to plead hardship and if the court finds that a borrower is just going through “a rough patch” may grant a forbearance period in which the lender cannot foreclose but must tolerate the non-paying borrower for more time without making payments. During that time, the unpaid balance of the mortgage will accrue (along with late fees) and may very well reach a point where the borrower doesn’t have the slightest chance of making up the unpaid balance. Nevertheless, a sympathetic judge may well grant extension after extension to such a borrower.Incidentally, a foreclosure proceding MAY occur if the borrower does not obtain fire insurance, for example. A local taxing authority may initiate a foreclosure should the property taxes go unpaid for a significant length of time. In those kinds of cases, the lender will more than likely “force place” a fire ins policy, adding the premium to the borrowers balance. Or, pay the property taxes on behalf of the borrower in an effort to protect their equity in the property.
Why did Trump win the election?
Dear Fellow Quorans,James is a good friend of many years. I thought you'd enjoy reading his answer to this question.He also used to use our home as his SF base of operations and supported Tom and me during my 'dark' time. He's also the most brilliant retail/ shopping/lifestyle/ town center designer I know.He designed the retail portion of the Venetian Hotel in Vegas, Watertower place in Chicago, and many other renown shopping destinations all over the world.Oh, he's another gay man doing good work in the USA! HahaFeel free to share with your friends. Especially those still on the fence re LGBT ️ rights/marriage etc..Warm regardsGordonHere is James answer;"I've spent the last several days talking some close friends down since the election.Some of the angst is justified....especially on the potential for civil rights reversal, but a lot of it is misplaced. Here's why.Let's face it. Many of us live in bubbles and don't always have such great perspectives, and I say this as a man who works disturbingly long hours to afford to live in a stupidly expensive, amenity-filled place, brimming with convenience and activity.With love to many fiends who rightfully have a concern that part of Trump's voters seem to want a return to a social order that subjugates some our citizens into second class status; That battle may lie before us, and let's not forget that and redouble efforts to protect those rights.However, I see this differently.Yes, Trump wanted to win and vanquish his opponents playing a game he is uniquely skilled at, but to have won at the level he did is because he spoke to a huge part of America that isn't 'deplorable'.They're suffering and anxious and frustrated.They want decent jobs, and their home towns a sense of dignity restored. Some revival....some hope that the some of that affluence we have on the coasts and in the more stable cities would flow their way. It's not just promises of new jobs...it's a sense that they've been abandoned.And they have....some for a long time.As most of you know, I work in the field of architecture and urban design, and America is a treasure of natural beauty and charming places..some big, and countless small towns and cities. Many contain architectural wonders from a time long past, and sadly, an economy that left them behind and abandoned.Through my work and travel, I've been afforded the great privilege of getting a perspective few of us experience.Many times, I pull off the interstates...and drive into these towns only seen on a map.Damn...we built some amazing places...and few of us ever appreciate them. I often look and walk around these towns, taking pictures..imagining what this place was once like at its zenith, sometime before urban renewal chewed parts of the them down, the malls emptied them out, and the local factories went silent.Oftentimes, that was decades ago.I get mocked at times by friends here on the coast for saying 'so, you're off to the hinterlands again? Have a good time', in a sort of sarcastic lilt.I get it...they have no reason to go to such places, or 'escaped' them long ago. Many who left found many of these towns culturally unwelcoming...but that is also changing.Trump won handily in these places and their home states.I've had the great fortune to visit so many, and are still home to numerous, wonderful people who often made me feel welcome.Charleston, Wheeling and Huntington WV.Scranton/Wilkes Barre, Allentown, Lancaster, Erie, Washington, Altoona and Harrisburg, PA.Buffalo, Rochester, Syracuse and Utica, NY.Almost ever small city in Ohio, from Dayton to Zanesville to Steubenville to Toledo....you name it.Ft Wayne, Logansport, and Terre Haute, Indiana.Peoria, Decatur and Springfield, IL.Grand Rapids, Lansing, Kalamazoo and Jackson, MI.Racine, Janesville and Eau Claire, WII've been through some others for no reason other than to see them.Texarkana Texas/Ark...a completely abandoned downtown...filled with buildings I wish I could pick up and move elsewhere before they're rotted and gone.East St Louis IL looks like it went through World War II.St Joseph, MO has some amazing architecture.The Quad cities in Iowa/IL.....each with their own downtown and neighborhoods you couldn't afford to replicate today.....and many more than I can list here.These places....are all quietly amazing.You can see vestiges of wealth that built them...filled with beautiful, old...amazing buildings and homes.If they were in Seattle, Austin, SF, Portland, Princeton, L.A., San Diego or any of the numerous hot spots in the economy, they would be filled with one percenters, techies, finance firms, or start ups...living and working in them...and would cost a fortune.Yet beautiful, old and abandoned towns and buildings don't get investment in places that are economically struggling.It breaks your heart.None of this should be as abandoned like it is. You don't see wholesale cities and towns empty like this anywhere else in the world.Not to the extent America has it. It says a lot about our priorities.I've have friends from overseas marvel that our Main Streets and towns feel so empty. They can't understand it and often I explain that many of these towns were built around a few core industries that left, we're outsourced, or whose products were no longer were needed.Yet, many people still live there. They have to.Their families and support networks are there, or there's just not the resources or opportunity to go elsewhere.Even if they do, some people have rough time adjusting to new places....it takes time to rebuild the social infrastructure of one's life.I've lived in nine different cities, so take my word on that.I drive through their downtowns and the old neighborhoods...many still in good shape, a lot on the edge of despair. A few are just gone.....without any rational way of being restored.Some of the bigger towns like Buffalo are seeing a resurgence, but the factories, mills and places that made it are never going to be replaced with new industry at the same scale, and like Detroit, St Louis, or Newark...they're half the size they once were. It costs a fortune to uphold a city that is too big for itself. Parks, schools and streets are not cheap to maintain, but they're also big enough places with extensive infrastructure that can be 're-invented'.It's the smaller towns that hit me.What happened in these places has been a slow motion disaster that has no easy answer and needs the equivalent of a 'Marshall Plan' to save.In these hollowed out towns, the biggest employers now are the hospitals, maybe a university....and the rest of the jobs? There are few white collar professions, and most are service or retail and don't pay what is needed to live on, even at $15 an hour. The tiny farm towns suffer from heroin addiction, and tax bases that can't support decent schools, infrastructure, senior centers or health services.Take that all into account and it's really not a shock that a crude, bombastic, wealthy reality TV star, with his glitzy real estate projects and trophy wife collection....telling them he's got the solution, and is going to reverse all those trade deals and bring back jobs and build things......is going to sell a whole lot better than a political technocrat...who may know the numbers and the actual reality, but cannot connect or really offer anything more than 'programs' which never seem to happen or work for those that need them.What do you do with Dayton, or Huntington, or Flint? They can't dry up and blow away...or can they? It seems a lot of us have no issue with that idea. Trump won in these areas because he gave the people in these small, struggling towns and cities something to believe in...even if many of us think it's hot air and promises.Here's another fact. There are hell of a lot more Toledos, Akrons, Elkharts, and Wheelings than there are big tech towns and affluent cities...and although they don't represent the majority population, they are too numerous to ignore. We've got to figuring out ways to give these places a chance to thrive....because if automation and robotics already wiped out how many countless jobs in these places.....what happens to a lot of the rest of us when A.I. starts wiping out the professions that uphold the upmarket economies on each of the coasts?Terrifying....isn't it?And if we don't start figuring out how to help these other places, there's not a lot of hope we'll fare any better when that starts to happens, and it's coming..believe me on this. The business world is salivating over the potential cost savings this new age will bring...since their job is to make money. Nothing more. You saw what happened after 2008. Altruism and community were not part of the equation when it came to severely retracting economy and as soon as companies could offshore and or automate jobs, they did. Our productivity levels have since soared....and yet very few decent playing jobs that are not in health care, tech or finance came out of this latest economic recovery. Those who lost their homes in these towns saw first hand the insidious sham that the 'mortgage bailout' was.Investor pools eventually got most of the homes or they sit, rotting and abandoned.I've often...too many times to count...thought of leaving Los Angeles for somewhere..a lot less expensive (a decent 2br place in central L.A. Is now almost $3k a month!)...and start over, but at mid age, with responsibilities that don't transfer easily, and clients who value face time...well...that's an another 'essay'.I'm also not willing, yet...to make that move.I'll be honest. As much as I extort their virtues, I culturally don't feel all that welcome in these smaller towns. That is something these places must start to work on; accepting the diversity of a people who'd consider moving there who sometimes look, think, act or pray differently than maybe what's there now. Welcoming such people might help to revive these places on a level that would make a real difference.Also, it's hard to move to one of these places when you've become used to, if not built your life around almost virtual, if not adjacent convenience.There are not going to be coffee shops that stay open until 11 pm, selling $4 lattes and artisan treats, next to my walkable neighborhood of old building or houses where I fantasize my 'loft' would be.There are often no bookshops where I can browse for hours, eclectic cafes or restaurants, or art supply stores. Often there is only a regional airport with (fantastically expensive) connections to the hubs to get back to the cities for work.....or the numerous other amenities I've come to rely on that just come with solid populations and high paying jobs.The national chain stores and restaurants are also few and far between....and believe me, I've often advocated for their reps to look differently at these places. Yet, they insist on building drive up and drive-through places in such areas....built to maximize profit...and in the process, diminish community.That's what their customers want...which is why every one of these towns has a strip mall row..mostly centered near the big box stores, the WalMart, Kmart or almost dead mall.The older shops are often filled with check cashing places, buy-to-rent furniture, dollar stores, county health care clinics, start-up churches and fast food places, and to see it so often is soul deadening.I've had numerous discussions with people about investing into a few of these towns...trying to figure out a way of restoring some aspects. Banks and Investor groups want safe and easy returns and that is not going to change anytime soon. Add in any form of government subsidies, and the whole game becomes a cluster of red tape and sub-interests, all looking for their 'cut', and again.....all those nice amenities won't survive without the very thing that these places don't have....good paying jobs.That's why Trump won. He spoke to their hopes...however faint we may believe they are. It's why America feels foreign today to some of us. Take a trip into this other America. It's as real as any of the big affluent towns and to see it, you'll soon understand many of these people blew off the racism, misogyny, bigotries, stereotypes and countless other things said, because they heard him speak about hope for their lives, livelihoods and towns.White collar professions, high tech, open air offices with your bike and dog, microbreweries, fancy coffee shops, expensive boutiques, farm to table sidewalk cafes and multiple bids on your condo are a fantasy belonging to a world these people feel left them behind, and sometimes mock them for it.If you read this all the way through, I give you credit and please grade my syntax and grammar on a curve of sleep deprivation and a meh mood, and know that you have too much time on your hands. ;)To my friends who are struggling with the outcome....take heart.No electoral swing lasts long, and in the interim, we have a lot of work to do....and I hope this gives you an understanding of where some of us might begin. "
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