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SCRA Compliance for Servicers and Foreclosure Counsel: Military Status Files That Hold and Remediating Void Sales

Hero Description A foreclosure built on a weak military-status file can end in a sale the SCRA makes “not valid.” Learn when to sign the affidavit, re-check status at each milestone, choose among vacatur, deed rescission and cash compensation, and scope a portfolio look-back.

2026-11-19 12:00:00

Program Details

2026-11-19 12:00:00

2026-11-19 12:00:00

1h CLE Credits

2026-11-19 12:00:00

Program Details

2026-11-19 12:00:00

Program Details

2026-11-19 12:00:00

Over 1,000+ webinars

2026-11-19 12:00:00

Course Overview

A Clean DMDC “No” Is Not Always Enough to Sign

2026-11-19 12:00:00

Since the 2012 Department of Justice settlements with major mortgage servicers over unlawful foreclosures against servicemembers, lenders and their counsel have faced continuing exposure under the Servicemembers Civil Relief Act, 50 U.S.C. §§ 3931 and 3953. The Freedom Mortgage allegations show where that exposure starts: a status file that cannot support the affidavit signed on it.

Sign on a DMDC-only search while the file holds contrary information, and the default judgment rests on a deficient affidavit. Miss a name, SSN or date-of-birth mismatch, and the search returns a false negative. Miscount the lapse window under § 3953(c), and a protected loan goes to sale. Sell inside the § 3953 window without a court order, and the statute makes the sale “not valid.” Then come private § 4042 claims, the current DOJ posture, and who pays: servicer or foreclosure counsel.

You leave with four working tools: a milestone re-check matrix for judicial and nonjudicial timelines, a sign-or-escalate checklist, a remediation triage decision tree, and an annotated remediation term sheet. You also learn to size an offer against the 2012 DOJ SCRA servicing agreements and scope a look-back whose record doubles as the exam record. These are judgment calls a database query cannot make.

Format

CLE Credit

1h CLE Credits

Level

Intermediate

Length

1

Key topics that will be covered

01
Reading the DMDC Result
Test what a DMDC “no” proves and for which date, and keep a mismatch log for the name, SSN and date-of-birth errors that produce false negatives.
02
Milestone Re-Check Timing
Set re-check points across judicial and nonjudicial tracks that catch reservists, Guard members, co-borrowers and borrowers with multiple service periods.
03
Sign or Escalate
Apply the § 3953(c) lapse-window math and the Freedom Mortgage file to decide whether to sign, file “unable to determine,” or escalate.
04
Triaging the Defect
Sort a violation by origination timing, waivers and criminal exposure, then by judgment path or sale path to choose vacatur, rescission or a third-party title strategy.
05
Sizing the Remediation Offer
Size and structure an offer against the 2012 DOJ servicing agreements while accounting for private § 4042 claims and the current DOJ posture.
06
Exposure and Look-Back
Split exposure between servicer and foreclosure counsel, and scope a portfolio look-back and disclosure whose record also serves as the exam record.

Program schedule

clock 12:00 pm - 1:00 pm EST

Building the Military Status File and Signing the SCRA Affidavit in Foreclosure

This hour follows one loan from referral to post-sale confirmation. It treats the military-status file as the evidence behind the 50 U.S.C. § 3931(b)(1) affidavit. The core questions are how certain the status proof must be before signing, and which contrary information in the file forces an “unable to determine” filing or an escalation instead of a second DMDC-only statement. Attendees leave with a milestone re-check matrix covering judicial and nonjudicial timelines and a sign-or-escalate checklist that rests on name-matching rules, date-of-interest queries and the lapse math under § 3953(c).

Keith S. AndersonKeith S. Anderson
clock 1:10 pm - 1:40 pm EST

Remediating an SCRA-Violative Foreclosure Judgment or Sale for the Servicer

This session starts the day a servicer learns that a protected borrower’s loan went to default judgment or to sale. It sorts the defect into one of two paths: a judgment entered on a deficient affidavit under § 3931, or a nonjudicial sale inside the § 3953 window without a court order that the statute makes “not valid.” It then shows how the path, the holder of title and the opponent drive the choice among vacatur, rescission of the trustee’s deed and cash compensation. Attendees leave able to size and structure an offer against the 2012 DOJ SCRA servicing agreements, allocate exposure between servicer and foreclosure counsel, and scope a portfolio look-back whose record also serves as the exam record. Attendees also leave with a remediation triage decision tree and an annotated remediation term sheet.

Keith S. AndersonKeith S. Anderson
Keith S. Anderson

Keith S. Anderson

Bradley Arant Boult Cummings LLP

Keith S. Anderson

Keith S. Anderson

Bradley Arant Boult Cummings LLP

Keith S. Anderson is a partner in the Birmingham office of Bradley Arant Boult Cummings LLP, where he counsels financial institutions on compliance with the Servicemembers Civil Relief Act (SCRA) and defends them when SCRA claims are litigated. His defense work centers on mortgage lenders and servicers in wrongful foreclosure, contested foreclosure, and servicing disputes in courts across the country, and extends to student loan and auto-finance lenders. A graduate of the U.S. Air Force Academy, he served as a Judge Advocate in the U.S. Air Force before entering private practice.

Education & Credentials

Keith earned his J.D. with honors from The Ohio State University in 2004, where he was elected to the Order of the Coif and served as Articles Editor of the Ohio State Law Journal. He received his B.S. from the U.S. Air Force Academy in 1998, graduating with academic, military, and athletic distinction.

He is licensed in Alabama, Georgia, Minnesota, Ohio, and Texas, and is admitted before the U.S. District Courts for the Northern, Middle, and Southern Districts of Alabama; the Northern and Middle Districts of Georgia; the District of Minnesota; the Northern and Southern Districts of Ohio; and the Northern, Southern, Eastern, and Western Districts of Texas.

Recognition & Leadership

The Birmingham Business Journal named Keith one of its “Veterans of Influence” in 2019, and he serves as Chapter President of the U.S. Air Force Academy Association of Graduates. He is listed in The Best Lawyers in America® for Labor Law – Management (2027) and in the Lawdragon 500 Leading U.S. Corporate Employment Lawyers (2026–2027), and was named an Alabama Super Lawyers “Rising Star” in Employment & Labor from 2013 to 2015.

Professional Involvement

Keith has spoken at the American Conference Institute’s Residential Mortgage Litigation & Regulatory Enforcement Seminar and co-authored a 2012 analysis of the dismissal of a putative SCRA class action in Murphy v. Bank of America. He is a member of the Mortgage Bankers Association, the Conference on Consumer Finance Law, the Defense Research Institute, and the Alabama Bar Association, and an affiliate member of the Education Finance Council. He also writes on CFPB Regulation B and employment law developments for Bradley’s Financial Services Perspectives and Labor & Employment Insights blogs.

Experience

Keith’s SCRA work spans regulatory guidance and litigated defense. He represented Wells Fargo in its consent order with the Department of Justice concerning SCRA compliance and auto repossessions (United States v. Wells Fargo Dealer Services, C.D. Cal.). He obtained a Rule 12(b)(6) dismissal of a putative SCRA class action in Murphy v. Bank of America (N.D. Ala. 2012), and secured summary judgment on two of three SCRA claims in Celestin v. Specialized Loan Servicing, LLC (S.D. Fla. 2014), which resolved before trial.

His foreclosure and title work includes a unanimous jury verdict after a three-day wrongful foreclosure trial in DeFranceschi v. GMAC Mortgage, LLC (Tarrant County, Tex. 2011); an equitable bill of review vacating a prior default judgment in Mortgage Electronic Registration Systems, Inc. v. Khyber Holdings, LLC (Harris County, Tex. 2012); summary judgment as plaintiff in the title claim case Ocwen v. Chicago Title (Fulton County, Ga.); and summary judgment in ejectment defeating wrongful foreclosure claims in Federal National Mortgage Association v. Ethredge (Jefferson County, Ala. 2014). He has won dismissal or summary judgment in numerous wrongful foreclosure, quiet title, and slander of title cases in Alabama, Georgia, Minnesota, and Texas, several of them affirmed by the Eighth Circuit.

Across his financial services docket, Keith handles claims and advises clients under TILA, RESPA, HOEPA, the FDCPA, and the FCRA, along with predatory lending, lender-placed insurance, loan repurchase and investor disputes, Texas home equity loans, bankruptcy adversary proceedings, and class actions, including summary judgment on a RESPA provision in Kirby v. Caliber Home Loans, Inc. (N.D. Ala. 2017) and dismissal of a putative nationwide class action in Carr v. Ocwen Loan Servicing, LLC (N.D. Ga. 2017). He also represents employers in litigation under the FLSA, ADA, ADEA, and FMLA. As an Air Force Judge Advocate, he handled dozens of courts-martial and administrative boards as both prosecutor and defense counsel.
Keith S. Anderson

Keith S. Anderson

Bradley Arant Boult Cummings LLP

Keith S. Anderson is a partner in the Birmingham office of Bradley Arant Boult Cummings LLP, where he counsels financial institutions on compliance with the Servicemembers Civil Relief Act (SCRA) and defends them when SCRA claims are litigated. His defense work centers on mortgage lenders and servicers in wrongful foreclosure, contested foreclosure, and servicing disputes in courts across the country, and extends to student loan and auto-finance lenders. A graduate of the U.S. Air Force Academy, he served as a Judge Advocate in the U.S. Air Force before entering private practice.

Education & Credentials

Keith earned his J.D. with honors from The Ohio State University in 2004, where he was elected to the Order of the Coif and served as Articles Editor of the Ohio State Law Journal. He received his B.S. from the U.S. Air Force Academy in 1998, graduating with academic, military, and athletic distinction.

He is licensed in Alabama, Georgia, Minnesota, Ohio, and Texas, and is admitted before the U.S. District Courts for the Northern, Middle, and Southern Districts of Alabama; the Northern and Middle Districts of Georgia; the District of Minnesota; the Northern and Southern Districts of Ohio; and the Northern, Southern, Eastern, and Western Districts of Texas.

Recognition & Leadership

The Birmingham Business Journal named Keith one of its “Veterans of Influence” in 2019, and he serves as Chapter President of the U.S. Air Force Academy Association of Graduates. He is listed in The Best Lawyers in America® for Labor Law – Management (2027) and in the Lawdragon 500 Leading U.S. Corporate Employment Lawyers (2026–2027), and was named an Alabama Super Lawyers “Rising Star” in Employment & Labor from 2013 to 2015.

Professional Involvement

Keith has spoken at the American Conference Institute’s Residential Mortgage Litigation & Regulatory Enforcement Seminar and co-authored a 2012 analysis of the dismissal of a putative SCRA class action in Murphy v. Bank of America. He is a member of the Mortgage Bankers Association, the Conference on Consumer Finance Law, the Defense Research Institute, and the Alabama Bar Association, and an affiliate member of the Education Finance Council. He also writes on CFPB Regulation B and employment law developments for Bradley’s Financial Services Perspectives and Labor & Employment Insights blogs.

Experience

Keith’s SCRA work spans regulatory guidance and litigated defense. He represented Wells Fargo in its consent order with the Department of Justice concerning SCRA compliance and auto repossessions (United States v. Wells Fargo Dealer Services, C.D. Cal.). He obtained a Rule 12(b)(6) dismissal of a putative SCRA class action in Murphy v. Bank of America (N.D. Ala. 2012), and secured summary judgment on two of three SCRA claims in Celestin v. Specialized Loan Servicing, LLC (S.D. Fla. 2014), which resolved before trial.

His foreclosure and title work includes a unanimous jury verdict after a three-day wrongful foreclosure trial in DeFranceschi v. GMAC Mortgage, LLC (Tarrant County, Tex. 2011); an equitable bill of review vacating a prior default judgment in Mortgage Electronic Registration Systems, Inc. v. Khyber Holdings, LLC (Harris County, Tex. 2012); summary judgment as plaintiff in the title claim case Ocwen v. Chicago Title (Fulton County, Ga.); and summary judgment in ejectment defeating wrongful foreclosure claims in Federal National Mortgage Association v. Ethredge (Jefferson County, Ala. 2014). He has won dismissal or summary judgment in numerous wrongful foreclosure, quiet title, and slander of title cases in Alabama, Georgia, Minnesota, and Texas, several of them affirmed by the Eighth Circuit.

Across his financial services docket, Keith handles claims and advises clients under TILA, RESPA, HOEPA, the FDCPA, and the FCRA, along with predatory lending, lender-placed insurance, loan repurchase and investor disputes, Texas home equity loans, bankruptcy adversary proceedings, and class actions, including summary judgment on a RESPA provision in Kirby v. Caliber Home Loans, Inc. (N.D. Ala. 2017) and dismissal of a putative nationwide class action in Carr v. Ocwen Loan Servicing, LLC (N.D. Ga. 2017). He also represents employers in litigation under the FLSA, ADA, ADEA, and FMLA. As an Air Force Judge Advocate, he handled dozens of courts-martial and administrative boards as both prosecutor and defense counsel.

Credits by state

AK1.5
AL1.5
AR1.5
AZ1.5
CA1.5
CO1.5
CT1.5
DC1.5
DE1.5
FL1.5
GA1.5
HI1.5
IA1.5
ID1.5
IL1.5
IN1.5
KS1.5
KY1.5
LA1.5
MA1.5
MD1.5
ME1.5
MI1.5
MN1.5
MO1.8
MS1.5
MT1.5
NC1.5
ND1.5
NE1.5
NH90.0
NJ1.5
NM1.5
NV1.5
NY1.5
OH1.5
OK2.0
OR1.5
PA1.5
RI2.0
SC1.5
SD1.5
TN1.5
TX1.5
UT1.5
VA1.5
VT1.5
WA1.5
WI1.5
WV1.8
WY1.5

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MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
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Approved
Georgia
Pending
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Approved
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Pending
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Pending
Iowa
Pending
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Kentucky
Pending
Louisiana
Pending
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Pending
Maryland
No Required
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Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
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Pending
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Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Pending
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
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No Required
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Pending
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Approved
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Pending
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Approved
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Not Eligible
Washington
Approved
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Pending
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Pending
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Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs