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A servicemember on active duty overseas cannot attend a foreclosure hearing scheduled by their lender. Under the SCRA, what is the minimum period the court must stay the proceedings?

Correct Answer

C) 90 days from the original hearing date

Under SCRA Section 202, if a servicemember requests a stay of proceedings and demonstrates that military service materially affects their ability to appear, the court must grant a stay for a minimum of 90 days. Additional stays may be granted based on continuing material effect of military service.

Answer Options
A
30 days from the original hearing date
B
60 days from the original hearing date
C
90 days from the original hearing date
D
Until 90 days after the servicemember's military service ends

Why This Is the Correct Answer

Under SCRA Section 202, if a servicemember requests a stay of proceedings and demonstrates that military service materially affects their ability to appear, the court must grant a stay for a minimum of 90 days. Additional stays may be granted based on continuing material effect of military service.

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