19–006 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 112–234 

AMENDING THE SERVICEMEMBERS CIVIL RELIEF ACT TO PROVIDE SURVIVING SPOUSES WITH CERTAIN PROTECTIONS RELATING TO MORTGAGES AND MORTGAGE FORECLOSURES 

OCTOBER 5, 2011.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. MILLER of Florida, from the Committee on Veterans’ Affairs, 

submitted the following 

R E P O R T 

[To accompany H.R. 1263] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Veterans’ Affairs, to whom was referred the 

bill (H.R. 1263) to amend the Servicemembers Civil Relief Act to 

provide surviving spouses with certain protections relating to mortgages and mortgage foreclosures, having considered the same, report favorably thereon with amendments and recommend that the 

bill as amended do pass. 

CONTENTS 

Page 

Amendment .............................................................................................................. 2 

Purpose and Summary ............................................................................................ 2 

Background and Need for Legislation .................................................................... 3 

Hearings ................................................................................................................... 5 

Subcommittee Consideration .................................................................................. 5 

Committee Consideration ........................................................................................ 5 

Committee Votes ...................................................................................................... 5 

Committee Oversight Findings ............................................................................... 6 

Statement of General Performance Goals and Objectives .................................... 6 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 6 

Earmarks and Tax and Tariff Benefits .................................................................. 6 

Committee Cost Estimate ....................................................................................... 6 

Congressional Budget Office Estimate ................................................................... 6 

Federal Mandates Statement ................................................................................. 8 

Advisory Committee Statement .............................................................................. 8 

Statement of Constitutional Authority .................................................................. 8 

Applicability to Legislative Branch ........................................................................ 8 

Section-by-Section Analysis of the Legislation ...................................................... 8 

Changes in Existing Law Made by the Bill as Reported ...................................... 9 


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The amendments are as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. EXPANSION OF PROTECTIONS RELATING TO MORTGAGES AND MORTGAGE FORECLOSURES FOR SURVIVING SPOUSES. 

(a) PROTECTION FOR SURVIVING SPOUSE.—Section 303 of the Servicemembers Civil 

Relief Act (50 U.S.C. App. 533) is amended by adding at the end the following new 

subsection: 

‘‘(e) PROTECTION FOR SURVIVING SPOUSE.—During the five-year period beginning 

on the date of the enactment of this subsection, with respect to a servicemember 

who dies while in military service and whose death is service-connected, this section 

shall apply to the surviving spouse of the servicemember if such spouse is the successor in interest to property covered under subsection (a).’’. 

(b) EFFECTIVE DATE.—Subsection (e) of section 303 of such Act, as added by subsection (a), shall apply to a surviving spouse of a servicemember whose death is on 

or after the date of the enactment of this Act. 

SEC. 2. REQUIREMENTS FOR LENDING INSTITUTIONS THAT ARE CREDITORS FOR OBLIGATIONS AND LIABILITIES COVERED BY THE SERVICEMEMBERS CIVIL RELIEF ACT. 

Section 207 of the Servicemembers Civil Relief Act is amended— 

(1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and 

(2) by inserting after subsection (c) the following new subsection (d): 

‘‘(d) LENDING INSTITUTION REQUIREMENTS.— 

‘‘(1) COMPLIANCE OFFICERS.—Each lending institution subject to the requirements of this section shall designate an employee of the institution as a compliance officer who is responsible for ensuring the institution’s compliance with 

this section and for distributing information to servicemembers whose obligations and liabilities are covered by this section. 

‘‘(2) TOLL-FREE TELEPHONE NUMBER.—During any fiscal year, a lending institution subject to the requirements of this section that had annual assets for the 

preceding fiscal year of $10,000,000,000 or more shall maintain a toll-free telephone number and shall make such telephone number available on the primary 

Internet Web site of the institution.’’. 

SEC. 3. EXTENSION OF PERIOD OF PROTECTIONS FOR SERVICEMEMBERS AGAINST MORTGAGE FORECLOSURES. 

(a) EXTENDED PERIOD OF PROTECTIONS.— 

(1) STAY OF PROCEEDINGS AND PERIOD OF ADJUSTMENT OF OBLIGATIONS RELATING TO REAL OR PERSONAL PROPERTY.—Section 303(b) of the Servicemembers 

Civil Relief Act (50 U.S.C. App. 533(b)) is amended by striking ‘‘within 9 

months’’ and inserting ‘‘within 12 months’’. 

(2) PERIOD OF RELIEF FROM SALE, FORECLOSURE, OR SEIZURE.—Section 303(c) 

of such Act (50 U.S.C. App. 533(c)) is amended by striking ‘‘within 9 months’’ 

and inserting ‘‘within 12 months’’. 

(3) SUNSET.— The amendments made by paragraphs (1) and (2) shall expire 

on December 31, 2017. Effective January 1, 2018, the provisions of subsections 

(b) and (c) of section 303 of the Servicemembers Civil Relief Act, as in effect 

on the day before the date of the enactment of the Housing and Economic Recovery Act of 2008 (Public Law 110–289), are hereby revived. 

(b) REPEAL OF SUPERCEDED PROVISION.—Subsection (c) of section 2203 of the 

Housing and Economic Recovery Act of 2008 (Public Law 110–289; 50 U.S.C. App. 

533 note) is amended to read as follows: 

‘‘(c) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect 

on the date of the enactment of this Act.’’. 

Amend the title so as to read: 

A bill to amend the Servicemembers Civil Relief Act to provide surviving spouses 

with certain protections relating to mortgages and mortgage foreclosures, and for 

other purposes. 

PURPOSE AND SUMMARY

H.R. 1263, a bill to amend the Servicemembers Civil Relief Act 

to provide surviving spouses with certain protections relating to 

mortgages and mortgage foreclosures, was introduced on March 30, 

2011, by Ranking Member Bob Filner of California. 


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H.R. 1263, as amended, includes provisions of three bills introduced in the 112th Congress. These bills are: H.R. 1263 as introduced; H.R. 2329, a bill to amend the Servicemembers Civil Relief 

Act to provide for certain requirements for financial institutions 

that are creditors for obligations and liabilities covered by that Act, 

introduced by Representative Bill Johnson of Ohio; and H.R. 1911, 

a bill to amend the Servicemembers Civil Relief Act to permanently 

extend the period of protections for servicemembers against mortgage foreclosures, and for other purposes, introduced by Representative Bruce Braley of Iowa. 

BACKGROUND AND NEED FOR LEGISLATION

On December 19, 2003, President Bush signed into law the 

Servicemembers Civil Relief Act (SCRA), Public Law (P.L.) 108– 

189, 117 Stat. 2835, which was a significant amendment to the Soldiers’ and Sailors’ Civil Relief Act of 1940 (54 Stat. 1178). SCRA 

was designed to help ease the economic and legal burdens on military personnel who are on active-duty status. The SCRA is intended to postpone, suspend, or relieve certain civil obligations during a servicemember’s period of active duty and accomplishes this 

in part by regulating certain legal actions against military personnel. A key protection for servicemembers was on the stay of a 

sale or foreclosure of their home. The law states that ‘‘a sale, foreclosure, or seizure of property for a breach of an obligation described in subsection (a) shall not be valid if made during, or within 9 months after, the period of the servicemember’s military 

service[.]’’ The nine month time-frame was changed from 90 days 

to 9 months in section 2203 of the Housing and Economic Recovery 

Act of 2008 (P.L. 110–289). This temporary extension is set to expire on December 31, 2012, when the original 90–day period will 

go back into effect. 

The Washington Post notes that since U.S. forces began Operation Iraqi Freedom and Operation Enduring Freedom combat operations in 2001, 6,026 servicemembers have died in service as of 

June 5, 2011. This means that thousands of families have lost a 

spouse, a wage earner and servicemember mortgage protections 

under the SCRA. While a family grieves the loss of a servicemember, the resulting change in income will force a surviving spouse 

to make important financial decisions including whether they will 

keep or sell their home. The surviving family should be given sufficient time to refinance, make arrangements with the lender to restructure the loan, or sell the house. 

In January 17, 2011, a JPMorgan Chase official told NBC News 

that over 4,000 servicemembers had been illegally overcharged and 

that many military families had been improperly foreclosed. These 

improper foreclosures that came to light involve only servicemembers that had the protection. Surviving spouses did not have this 

protection and we can only surmise how many lost their homes 

when the military family needed it most. 

This change in law will recognize that military families serve 

with the spouse and sacrifice just as much for their country. 

In February 2011, allegations surfaced of mortgage-related violations of the SCRA by JPMorgan Chase Bank and other lending institutions. These allegations alleged that these institutions were 

unlawfully foreclosing on servicemembers’ homes and charging inVerDate Mar 15 2010 06:47 Oct 06, 2011 Jkt 019006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR234.XXX HR234

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terest rates above the six-percent cap required by SCRA. On February 9, 2011, the Committee held an oversight hearing to review 

these allegations and received testimony from Captain Jonathon 

Rowles (USMC), and Mrs. Julia Rowles, about the trouble they had 

with JPMorgan Chase when they tried to assert their rights under 

SCRA. They commented that when they called the toll-free number 

provided by the bank, their employees were woefully inadequate in 

their knowledge of SCRA and there didn’t seem to be in anyone in 

charge to ensure that the bank was complying with SCRA. 

In response to this hearing and Committee’s continued oversight 

of SCRA abuses, this section clarifies requirements for banks to 

comply with SCRA. The section requires all lending institutions affected by SCRA to employ and/or designate an SCRA compliance 

officer. This will make it clear that all banks and other lending institutions must take SCRA seriously and have at least one person 

responsible to ensure their institution’s compliance. The section 

further requires banks that have annual assets of $10 billion to 

have a toll-free hotline for servicemembers to call and ask questions about their mortgage and SCRA. 

On February 4, 2011, USA Today noted in an article that 20,000 

military members and Reservists faced foreclosure in 2010. The 

foreclosure filings increased in 2010 in 163 zip codes located near 

military bases. About 12,000 military families have applied for the 

Homeowners Assistance Program run by the Pentagon and about 

9,000 were deemed eligible. USA Cares, a charity providing assistance to troops, notes that demand for help has increased 19 percent. While JPMorgan Chase admitted to improperly foreclosing on 

servicemembers, this was only one bank that publicly came forth 

with its admission. Therefore, the Committee remains concerned 

with the true number of families affected. 

A home is often a veteran’s largest financial asset and they 

should have an opportunity to avoid a negative mark on their credit history by working with the lender to minimize the chance of 

foreclosure or other less advantageous options such as a short sale. 

When a servicemember separates from the armed services, they 

need sufficient time to establish good economic footing to be successful. Some military families experience difficulties—often related 

to owning a home where the servicemember is stationed—in the 

transition from the military to the civilian world. 

Section 1—Expansion of protections relating to mortgage foreclosures for surviving spouses 

Section 1 would extend foreclosure-related protections to 12 

months for surviving spouses of servicemembers who die on active 

duty or whose death is service-connected. 

Section 2—To amend the Servicemembers Civil Relief Act to provide 

for certain requirements for financial institutions that are creditors for obligations and liabilities covered by that Act 

Section 2 clarifies requirements for banks to comply with SCRA 

by requiring certain large lending institutions to designate an 

SCRA compliance officer and to maintain a toll-free number on its 

Web site for SCRA issues. 


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Section 3—Extension of period of protections for servicemembers 

against mortgage foreclosures 

Section 3 would extend the current 9-month period during which 

servicemembers are protected from foreclosure-related proceedings 

to 12 months and revert such protections to 9 months after 5 years 

from enactment. 

HEARINGS

On July 7, 2011, the Subcommittee on Economic Opportunity 

conducted a legislative hearing on various bills introduced during 

the 112th Congress, including: H.R. 1911, H.R. 240, H.R. 1263, 

H.R. 120, H.R. 2274, H.R. 2301, H.R. 2302, H.R. 2345, and H.R. 

2329. The following witnesses testified: Mr. Tom Tarantino, Senior 

Legislative Associate of Iraq and Afghanistan Veterans of America; 

Mr. Shane Barker, Senior Legislative Associate, National Legislative Service of the Veterans of Foreign Wars of the United States; 

Mr. Jeff Steele, Assistant Director, National Legislative Commission of The American Legion; MG David Bockel, USA (Ret.), Executive Director of the Reserve Officers Association of the United 

States also on behalf of Reserve Enlisted Association of the United 

States; Mr. Arthur F. Kirk, Jr., President, Saint Leo University, 

Saint Leo, FL, on behalf of National Association of Independent 

Colleges and Universities; Ms. Susan C. Aldridge, Ph.D., President, 

University of Maryland University College, Adelphia, MD, on behalf of the American Association of State Colleges and Universities; 

and Mr. Curtis L. Coy, Deputy Under Secretary for Economic Opportunity Veterans Benefits Administration of the U.S. Department 

of Veterans Affairs, who was accompanied by Mr. John Brizzi, 

Deputy Assistant General Counsel, Office of General Counsel of 

the U.S. Department of Veterans Affairs, Ms. Vivianne Cisneros 

Wersel, Au.D., Chair, Government Relations Committee of Gold 

Star Wives of America, Inc., and the Paralyzed Veterans of America submitted statements for the record. 

SUBCOMMITTEE CONSIDERATION

On July 21, 2011, the Subcommittee on Economic Opportunity 

met in an open markup session, a quorum being present, and approved H.R. 1263, by voice vote. Ranking Member Braley offered 

a motion to forward H.R. 1263 to the full Committee. His motion 

was approved by voice vote. 

COMMITTEE CONSIDERATION

On September 8, 2011, the full Committee met in an open markup session, a quorum being present, to consider H.R. 1263. Ranking Member Filner offered an amendment in the nature of a substitute to include H.R. 2329 and H.R. 1911. The amendment in the 

nature of a substitute was agreed to by voice vote. Following this 

vote, the full Committee ordered favorably reported H.R. 1627, to 

the House of Representatives, by voice vote. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes on the motion 


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to report the legislation and amendments thereto. There were no 

record votes taken on amendments or in connection with ordering 

reported H.R. 1263, as amended, to the House. A motion by Ranking Member Bob Filner of California to order favorably reported 

H.R. 1263, as amended, to the House of Representatives was 

agreed to by voice vote. 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII and clause 2(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

descriptive portions of this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goals and 

objectives are reflected in the descriptive portions of this report. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND

TAX EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee adopts as its own the estimate of new budget authority, entitlement authority, or tax expenditures or revenues contained in the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

EARMARKS AND TAX AND TARIFF BENEFITS

H.R. 1263, as amended, does not contain any Congressional earmarks, limited tax benefits, or limited tariff benefits as defined in 

clause 9 of rule XXI of the Rules of the House of Representatives. 

COMMITTEE COST ESTIMATE

The Committee adopts as its own the cost estimate on H.R. 1263, 

as amended, prepared by the Director of the Congressional Budget 

Office pursuant to section 402 of the Congressional Budget Act of 

1974. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the Rules of the House 

of Representatives, the following is the cost estimate for H.R. 1263, 

as amended, provided by the Congressional Budget Office pursuant 

to section 402 of the Congressional Budget Act of 1974. 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, September 23, 2011. 

Hon. JEFF MILLER, 

Chairman, Committee on Veterans’ Affairs, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1263, a bill to amend the 


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Servicemembers Civil Relief Act to provide surviving spouses with 

certain protections relating to mortgages and mortgage foreclosures. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is David Newman. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

H.R. 1263—A bill to amend the Servicemembers Civil Relief Act to 

provide surviving spouses with certain protections relating to 

mortgages and mortgage foreclosures 

H.R. 1263 would extend protections related to mortgage foreclosure under the Servicemembers Civil Relief Act (SCRA). Military 

personnel are shielded from foreclosure on a residential mortgage 

for up to nine months after they leave active duty. However, after 

January 1, 2013, the period during which foreclosures are deferred 

declines to 90 days. The bill would increase that protection to a 12- 

month period, until December 31, 2017, after which the forbearance period would decline to 90 days. The bill also would grant that 

same foreclosure protection to the surviving spouses of servicemembers who die on active duty. The enhanced protections for surviving 

spouses would expire five years after enactment. 

Enacting H.R. 1263 would affect direct spending; therefore, payas-you-go procedures apply. Federal agencies such as the Department of Veterans Affairs and the Federal Housing Administration, 

which currently guarantee the mortgages of some servicemembers, 

are responsible for the payment of any interest that accrues on 

such a mortgage during the period between the stoppage of payments on the mortgage and the time the agency finally settles the 

loan with the originator. Therefore, delaying certain foreclosures 

could result in additional costs to the federal government. Because 

of the low number of affected mortgages, CBO estimates that such 

costs would be insignificant. 

The bill would impose intergovernmental and private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

by adding and expanding protections for servicemembers as authorized under SCRA. CBO estimates that the costs to public and private entities of complying with the mandates would be small and 

would not exceed the thresholds established in UMRA for intergovernmental and private-sector mandates ($71 million and $142 million, respectively, in 2011, adjusted annually for inflation). 

The bill would require public and private lending institutions 

that are subject to SCRA to designate an employee who would ensure compliance with the act. In addition, lending institutions with 

over $10 billion in annual assets in the preceding fiscal year would 

be required to maintain a toll-free telephone number to provide assistance to servicemembers. Lending institutions currently employ 

compliance officers, and all large institutions maintain toll-free 

numbers. For that reason, CBO estimates that the extra training 

for employees and the maintenance of toll-free numbers would not 

impose significant costs on private entities. Because few lending institutions are public entities, CBO estimates that the intergovernmental costs of the mandate also would be small. 


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Current law grants temporary stays of civil proceedings related 

to real or personal property, mortgages, evictions, and foreclosures 

to servicemembers whose military service has ended. As described 

above, the bill would extend the length of such stays to 12 months 

after a servicemember’s military service ends and expand eligibility 

to certain surviving spouses. The number of servicemembers who 

face foreclosure within 12 months of separation is small. The current number of servicemembers killed on active duty since March 

2003 is less than 6,500. Thus, CBO expects the cost of the mandate 

to be minimal. 

The CBO staff contacts for this estimate are David Newman (for 

federal costs), Lisa Ramirez-Branum (for state and local costs), and 

Elizabeth Bass (for the impact on the private sector). The estimate 

was approved by Theresa Gullo, Deputy Assistant Director for 

Budget Analysis. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates regarding H.R. 1263, as amended, prepared by the Director 

of the Congressional Budget Office pursuant to section 423 of the 

Unfunded Mandates Reform Act. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act would be created by H.R. 1263, as 

amended. 

STATEMENT OF CONSTITUTIONAL AUTHORITY

Pursuant to Article I, section 8 of the United States Constitution, 

the reported bill is authorized by Congress’ power to ‘‘provide for 

the common Defense and general Welfare of the United States.’’ 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1—Expansion of protections relating to mortgage foreclosures for surviving spouses 

This section would amend section 303 of the Servicemembers 

Civil Relief Act (50 U.S.C. 533) to extend mortgage related protections for surviving spouses of servicemembers who die on active 

duty or whose death is service-connected. This protection states 

that a lending institution is not allowed to foreclose on property 

owned by the surviving spouse until at least 12 months following 

the servicemember’s death. This provision would be effective with 

the enactment of this bill and would sunset five years from the 

date of enactment. 


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Section 2—Requirements for lending institutions that are creditors 

for obligations and liabilities covered by the Servicemembers 

Civil Relief Act 

This section amends section 207 of the Servicemembers Civil Relief Act (50 U.S.C. 526) would extend protections for servicemembers under SCRA. 

Subsection (d)(1) would require all lending institutions covered 

by SCRA to designate an employee who is responsible for their institution’s compliance with SCRA and for providing information to 

their customers who are covered by SCRA. 

Subsection (d)(2) would require that any institution with annual 

assets of $10 billion in the previous fiscal year maintain a toll-free 

telephone number for their customers. It would also require these 

institutions to publish this toll-free number on their Web site. 

Section 3—Extension of period of protections for servicemembers 

against mortgage foreclosures 

This section amends section 303(b) and 303(c) of the 

Servicemembers Civil Relief Act (50 U.S.C. 533) to extend mortgage-related provisions for servicemembers. 

Subsection (a)(1) would extend the disallowance on stay proceedings and adjustment of obligations related to real or personal 

property for SCRA covered property from 9 months after the 

servicemembers returns from active duty to 12 months. 

Subsection (a)(2) would extend the disallowance on foreclosure or 

seizure for SCRA covered property from 9 months after the 

servicemembers returns from active duty to 12 months. 

Subsection (a)(3) would require that the protections in paragraphs (1) and (2) be reduced to nine months after active duty service, 5 years following the enactment of this bill. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

SERVICEMEMBERS CIVIL RELIEF ACT 

* * * * * * * 

TITLE II—GENERAL RELIEF 

* * * * * * * 

SEC. 207. MAXIMUM RATE OF INTEREST ON DEBTS INCURRED BEFORE MILITARY SERVICE. 

(a) * * * 

* * * * * * * 

(d) LENDING INSTITUTION REQUIREMENTS.— (1) COMPLIANCE OFFICERS.—Each lending institution subject 

to the requirements of this section shall designate an employee 

of the institution as a compliance officer who is responsible for 


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ensuring the institution’s compliance with this section and for 

distributing information to servicemembers whose obligations 

and liabilities are covered by this section. 

(2) TOLL-FREE TELEPHONE NUMBER.—During any fiscal year, 

a lending institution subject to the requirements of this section 

that had annual assets for the preceding fiscal year of 

$10,000,000,000 or more shall maintain a toll-free telephone 

number and shall make such telephone number available on 

the primary Internet Web site of the institution. 

ø(d)¿ (e) DEFINITIONS.—In this section: 

(1) * * * 

* * * * * * * 

ø(e)¿ (f) PENALTY.—Whoever knowingly violates subsection (a) 

shall be fined as provided in title 18, United States Code, imprisoned for not more than one year, or both. 

TITLE III—RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS, ASSIGNMENT, LEASES, TELEPHONE SERVICE 

CONTRACTS 

* * * * * * * 

SEC. 303. MORTGAGES AND TRUST DEEDS. 

(a) * * * 

(b) STAY OF PROCEEDINGS AND ADJUSTMENT OF OBLIGATION.—In 

an action filed during, or øwithin 9 months¿ within 12 months 

after, a servicemember’s period of military service to enforce an obligation described in subsection (a), the court may after a hearing 

and on its own motion and shall upon application by a servicemember when the servicemember’s ability to comply with the obligation 

is materially affected by military service— 

(1) * * * 

* * * * * * * 

(c) SALE OR FORECLOSURE.—A sale, foreclosure, or seizure of 

property for a breach of an obligation described in subsection (a) 

shall not be valid if made during, or øwithin 9 months¿ within 12 

months after, the period of the servicemember’s military service except— 

(1) * * * 

* * * * * * * 

(e) PROTECTION FOR SURVIVING SPOUSE.—During the five-year period beginning on the date of the enactment of this subsection, with 

respect to a servicemember who dies while in military service and 

whose death is service-connected, this section shall apply to the surviving spouse of the servicemember if such spouse is the successor 

in interest to property covered under subsection (a). 

* * * * * * * 


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HOUSING AND ECONOMIC RECOVERY ACT OF 2008 

* * * * * * * 

DIVISION B—FORECLOSURE 

PREVENTION 

* * * * * * * 

TITLE II—MORTGAGE FORECLOSURE 

PROTECTIONS FOR SERVICEMEMBERS 

* * * * * * * 

SEC. 2203. ENHANCEMENT OF PROTECTIONS FOR SERVICEMEMBERS 

RELATING TO MORTGAGES AND MORTGAGE FORECLOSURES. 

(a) * * * 

* * * * * * * 

ø(c) EFFECTIVE DATE; SUNSET.— 

ø(1) EFFECTIVE DATE.—The amendment made by subsection 

(a) shall take effect on the date of enactment of this Act. 

ø(2) SUNSET.—The amendments made by subsection (a) shall 

expire on December 31, 2010. Effective January 1, 2011, the 

provisions of subsections (b) and (c) of section 303 of the 

Servicemembers Civil Relief Act, as in effect on the day before 

the date of the enactment of this Act, are hereby revived.¿ 

(c) EFFECTIVE DATE.—The amendments made by subsection (a) 

shall take effect on the date of the enactment of this Act. 

* * * * * * * 

Æ 


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