The primary purpose of the SCRA is to ease legal and financial burdens on military personnel and their families brought on by the demands of active duty. In the words of the Act, the provisions were designed to allow service members to "devote their entire energy to the defense needs of the Nation."
That being said, and without reading the entire legislation (amended umpteen times), I believe a 'small claims' judge, who has broad decision-making power, would count the "family" being under that umbrella of the SCRA, if mentioned -- just my opinion -- especially if the military member counts spouse as a 'dependent.'
As many have said, the OP should contact a military or non-military legal representative. Otherwise, forget the military argument altogether, and consider using advice throughout this forum regarding 'Midland vs. Anybody!'
I doubt you will get a conventional mortgage 1 year after a chapter 13 and you really do not want to get into the subprime business assuming you can find someone willing to make a subprime loan. I would really suggest paying off your current home and then paying cash for the vacation home if you have the money. That would be the easiest in your current situation. Plus, if things go south again, you do have the cushion of the vacation home cash to weather the storm in the meantime.
Thank you CM! Great idea about the 2 copies of a letter. Given that this seems to be with the OC do they tend to want a higher % than JDCs? I assume you meant that you put in your settlement letter that they would delete the charge-off upon payment. Did they acually do it or send a new settlement agreement with that excluded. I have read where they they can not take a charge-off off your credit report, is this true?
I filed Chap 13 in June of 2012 and getting close to the end, but due to a very large increase income and wanting it out of my life I'm just going to cut a $50K check in November. Thankfully with my business income will continue to rise ongoing (residual) and we're wanting to buy our dream home at the end of next year, but keep our current home as well which we owe about $94K on.
My question is, rather than paying cash for the new house up to a certain amount, I'd rather put down about $600K and get a mortgage for approximately $200-400K, under balloon amount. It is possible to do this about a year after discharge with super strong financials, or must I wait 2 years? I wouldn't want FHA, our current mortgage is and I'm not even sure you can have two FHA's. If need be I can pay off the first mortgage.
Thanks for any info!