President Obama signed into public law No: 114-142, S.2393 – Foreclosure Relief and Extension for Servicemembers Act of 2015, on March 31, 2016. This law provides an extension through 2017, for foreclosure protection under The Servicemembers Civil Relief Act – formerly known as The Soldiers’ and Sailors’ Civil Relief Act.
The Servicemembers Civil Relief Act (SCRA) provides specific
financial and foreclosure protection for our military women and men that have debt originating before their call to active service.
It is important for creditors and landlords to note some of the provisions of protection in this act:
State Tax Relief
Termination of Property Leases
Foreclosure and Forced Sale Relief
Judicial Relief – does not include criminal
Ability to Terminate Automobile Leases
6% Cap on Credit Interest Rates
Credit Rating Safeguards
Insurance Cancellation and Reinstatement protections
There are specific requirements which must be followed to insure the protections for the servicemembers. The credit or mortgage borrowers must request the protection under this act. The loan or debt must have originated prior to the current active military service. The lenders, landlords, creditors, insurance companies, etc. must be notified, in writing, the servicemember is requesting protection under The Foreclosure Relief and Extension for Servicemembers Act of 2015.
Texas private property owners have the right to prohibit handguns, concealed or open carry, on their property. This includes rental property. Communication, verbal and written, is due notification to tenants.
The Texas Penal Code – Section 30.07(c)(3)(A) provides required language for prohibiting open carry, as well as The Texas Penal Code- Section 30.06(c)(3)(A) specific language for prohibiting concealed handguns on a private property. If the notification is included in the Texas property lease, special provisions section (26), clear and direct wording must state forbidding concealed weapons and open carry, separately.
Notice to every individual entering the private property can be signs conspicuously posted at each entrance. Again, the signs, one for open carry and one for concealed handguns, must use the language of the Texas Penal Code – Section 30.07(c)(3)(A) for open carry and The Texas Penal Code- Section 30.06(c)(3)(A) for concealed handguns – in Spanish and English, utilizing two contrasting colors with block lettering, a minimum of one inch high. This is due notification to people other than the documented tenant.
Landlords can specifically ban concealed or open carry handguns on their property. The written notifications must specify either separately. Express and current notification to your tenants with any and all updates will provide clarity and confirm lease requirements.
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