For those in the military service it can become difficult to not have their financial life compromised. The very fact that many soldiers and sailors are away from home make it difficult for them to keep their affairs in order. Congress and the legislature have understood the need to help military service men and women with protective legislation. During the Civil War the government enacted a moratorium on civil suits brought against federal soldiers and sailors. During World War One Congress passed the Soldiers and Sailors Civil Relief Act of 1918. This did not create a moratorium, but created trial courts to take whatever civil action was needed.

The act has gone through many revisions over several wars including World War Two and during Desert Shield/Desert Storm. Reservists and the National Guard members are also protected under this act which begins on the first day of active service. This means on the day they are shipped out for basic training, and job school training they are protected under this act. Some protections under this act extend after they are discharged or released, but are tied to the release date. Also, some benefits are extended to the service member’s dependants.

A service member who is renting or leasing a residence for either living, business or similar purposes can terminate that lease that was signed before they entered active duty and also has been occupied by the soldier or their family. They must write a notice of termination on entrance of active duty or upon receiving orders of active duty. The termination date for a month-to-month lease is usually 30 days and before the rent is due.

Any civil legal proceeding must be put on hold while the service person is away. A stay is put on the proceedings until the solider or sailor returns from the war. This includes foreclosures and divorce proceedings. This was created so soldiers could fight overseas without having to worry about legal matters back home.

This act may or may not help to prevent a foreclosure, but it will prevent the loss of the home while a service person is not in the country.