Judge: Layne H. Melzer, Case: 2023-01315595, Date: 2023-08-03 Tentative Ruling

Petitioner Kenneth Roberts

Petition for Relief from Financial Obligation During Military Service

On the Petition for Relief from Financial Obligation brought by Petitioner WO1 Kenneth Johnson, the Court will GRANT the Petition for Relief from Financial Obligation brought by Petitioner, pursuant to Mil. & Vet. Code §409.3 as to deferment of payments and no accrual of additional interest as provided for in Mil. & Vet. Code §409.3, following the submission of a properly executed Proposed Order on Form MIL-020.

The Court finds that the Declaration submitted by Petitioner demonstrates that Petitioner’s ability to comply with the terms of his mortgage has been affected by his most recent period of military service. (Mil. & Vet. Code §409.3 (d)). Consequently, Petitioner appears entitled to “a deferment of the payments due on the obligation for a period of time equal to the period of military service,” in this case one year. (Mil. & Vet. Code §409.3(d) (1)).

On the pending petition, no basis is presented for the court to enjoin representatives of respondent Freedom Mortgage Company from visiting Petitioner’s home without just cause and advance notice.  Such relief is not provided for in Mil. & Vet. Code §409.3.