SCRA Certificate is the evidence of an individual's active duty in the U.S. Military, Reserve, or National Guard and is used for the purpose of SCRA compliance. Servicemember Civil Relief Act (SCRA) entitles the servicemembers who are in military service to certain protections and benefits such as interest rate limitations, protections from default judgments and foreclosure, and evictions.
The certificate is issued by the Department of Defense (DOD) from its SCRA Website, which is the official source of servicemembers active duty status. SCRA Certificate is also known as Status Report Pursuant to Servicemembers Civil Relief Act. The current SCRA Certificate is based on SCRA 3.0 version of the SCRA website.
The Active Duty is reported as per Title 10 of the United States Code (10 USC § 101(d) (1)). As per Title 10, “The term "active duty" means full-time duty in the active military service of the United States. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
Therefore, SCRA Certificate is the evidence of an individual's active duty in any of the branch of the Uniformed Services. Uniformed Services include Army, Navy, Marine Corps, Air Force, Coast Guard and the commissioned corps National Oceanic and Atmospheric Administration (NOAA) and Public Health Service. It includes activation of a National Guard member for service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by federal funds. National Guard members that are activated to support a State and funded by State funds are not covered under Active Duty and for protections under SCRA.
The SCRA website provides SCRA Certificates for active duty status since September 30, 1985. Also, Active Duty periods of less than 30 days of length are not currently included on the SCRA website. The data for the SCRA website is sourced from the Defense Manpower Data Center’s (DMDC) Defense Eligibility and Enrollment Reporting System (DEERS) database.
The SCRA Certificate provides the Active Duty status of a servicemembers for a particular date that is requested by the user. This date is known as the Active Duty Status Date. For a given Active Duty Status Date, the Certificate provides three categories of information
In connection with a mortgage loan, you may require a SCRA certificate for following circumstances:
SCRA applies not just to mortgages but to other areas as well such liens, insurances, and taxes. Potential use of SCRA Certificate in those cases is not discussed here.
You should maintain the records of both the SCRA Certificate and the screen print of the data entry used to obtain the Certificate. If you are using the multiple records request service then you may consider archiving the request files.
If you have any other evidence of military service and you fail to verify the status of the servicemember then you may be held liable under SCRA for failure to extend SCRA protections and benefits. In case you need further evidence then you should directly contact the servicemember’s Service to verify the status.
In February 2012, 49 state attorneys general and the federal government announced a settlement with the five largest mortgage servicers in US that include Ally/GMAC, Bank of America, Citi, JP Morgan Chase, and Wells Fargo. If you are a servicer that is covered under the National Mortgage Settlement, then you should consider obtaining the SCRA Certificate when you are initiating or pursuing a foreclosure at the following time intervals:
The National Mortgage Settlement prescribes extensive servicing standards. You should review whether you can also implement the same SCRA standards even if you are not covered under the settlement.
The SCRA website allows any user to obtain the Certificate. You can obtain certificate for a single person or for multiple person using a batch. At a minimum you need the last name, and either Social Security Number or the birth date of the borrower to obtain a certificate. Provide as much identifying information as possible to obtain the certificate. Name and date of birth alone do not uniquely identify an individual. If you do not use the SSN then the DOD does not guarantee that it is providing the records for same individual that your request refers to. If the DOD finds multiple records for the request then DOD will generate a message stating there are multiple records and that it cannot release any information.
The SCRA website has published an SCRA User Guide which walks through the various features of the website.
SCRA website does not validate the employment of a person in military. If no record is found based on the information you provided, then it will provide you a certificate showing no active duty status. Even if you enter incorrect data you will receive a certificate showing no active duty status. Therefore, it is vital to ensure that the data is entered correctly; otherwise you run a risk of obtaining an incorrect certificate. Customer harm may occur if the borrower was actually on military service and due to incorrect data entry you obtained a certificate showing otherwise and failed to extend the SCRA protections
The SCRA website requests sensitive personal information such as Social Security Number and date of birth. It is important to verify that you are on the DOD’s official SCRA website https://scra.dmdc.osd.mil/ and not on any fraudulent websites, such as phishers, which may have the same look and feel as the SCRA website.
The SCRA website uses a DOD security certificate, which you will have to install the first time you log into the website.
Updated: Jan 05, 2014