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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1263 Reported in House (RH)]

                                                 Union Calendar No. 153
112th CONGRESS
  1st Session
                                H. R. 1263

                          [Report No. 112-234]

   To amend the Servicemembers Civil Relief Act to provide surviving 
  spouses with certain protections relating to mortgages and mortgage 
                             foreclosures.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 30, 2011

  Mr. Filner introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

                            October 5, 2011

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
   To amend the Servicemembers Civil Relief Act to provide surviving 
  spouses with certain protections relating to mortgages and mortgage 
                             foreclosures.

 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. EXPANSION OF PROTECTIONS RELATING TO MORTGAGES AND 
              MORTGAGE FORECLOSURES FOR SURVIVING SPOUSES.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>    ``(e) Protection for Surviving Spouse.--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).''.</DELETED>
<DELETED>    (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.</DELETED>

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.''.
                                                 Union Calendar No. 153

112th CONGRESS

  1st Session

                               H. R. 1263

                          [Report No. 112-234]

_______________________________________________________________________

                                 A BILL

   To amend the Servicemembers Civil Relief Act to provide surviving 
  spouses with certain protections relating to mortgages and mortgage 
                             foreclosures.

_______________________________________________________________________

                            October 5, 2011

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
```