Accordingly, the SCRA applies in this case only if the contract was entered into, and one payment was made, prior to Tillman's spouse entering active duty status. See Whigham v. Chase Auto Fin. Corp., 826 F.Supp.2d 914, 920 (E.D. Va. Oct. 5, 2011); see also Chas. H. Jenkins & Co. v. Lewis, 259 N.C. 86, 89-90 (1963) (holding that SCRA did not apply to a servicemember who purchased an automobile while in military service).
Additionally, while keeping the Supreme Court's directive in mind, a court cannot ignore established canons of statutory construction in interpreting the Act. SeeWhigham v. Chase Auto Fin. Corp., 826 F.Supp.2d 914, 918 (E.D.Va.2011). In construing a statute, a court must "begin with the language of the statute."
Plaintiff's loan obligation originated during her military service. See alsoCoward v. JP Morgan Chase, 2012 WL 2263359 (E.D. Cal. 2012)("Plaintiff also alleges that she entered into the loan during the period of her husband's military service...However, the SCRA only applies to contracts entered into before military service.") citingWhigham v. Chase Auto Fin., 826 F.Supp.2d 914 (E.D. Va. 2011) and 50 U.S.C.App. ยง 533(a). Plaintiff fails to state a claim for relief based on Section 533 of the SCRA.
Taylor Morrison relies on the canon of ejusdem generis, which provides that when general words follow specific words enumerating a class of objects, the meaning of the general language is limited to objects similar in nature to those described by the specific language. See Cape Henry Towers, Inc., 331 S.E.2d at 481; Whigham v. Chase Auto Fin. Corp., 826 F.Supp.2d 914, 919 (E.D. Va. 2011). In Paragraph 15, Taylor Morrison agrees to indemnify SunTrust in five specific circumstances, the second of which is when the Broker's failure to disclose information renders a representation or warranty made under the Agreement inaccurate or misleading. Taylor Morrison argues that the words "failure by Broker to disclose" require that the Broker be aware of misleading or inaccurate information, asserting that one must possess knowledge in order to "fail to disclose" such knowledge.
However, "the SCRA only applies to contracts entered into before military service." Whigham v. Chase Auto Fin. Corp, 826 F. Supp. 2d 914 (E.D. Va. 2011); see also 50 U.S.C. ยง 533 (a) ("This section applies only to an obligation on real or personal property owned by a servicemember that . . . originated before the period of the servicemember's military service and for which the servicemember is still obligated . . . ."). Further, Plaintiff's SCRA claim includes a conclusory allegation that Defendant has a duty to evaluate her husband's status under SCRA.
The reference to liens in title 50 United States Code Appendix section 537 encompasses only liens for storage, repair or cleaning, or other liens similar in nature; it does not encompass other specific types of liens governed by different sections of the SCRA, such as liens for an installment contract, motor leases, mortgages, or tax liens. (Whigham v. Chase Auto Fin. Corp. (E.D.Va. 2011) 826 F.Supp.2d 914, 917-920.) Here, Cyprexx's involvement was limited to the sale of plaintiffs' personal possessions.