IB 

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] 


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•HR 1263 RH

A BILL 

To amend the Servicemembers Civil Relief Act to provide 

surviving spouses with certain protections relating to 

mortgages and mortgage foreclosures. 


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•HR 1263 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. EXPANSION OF PROTECTIONS RELATING TO 

4 MORTGAGES AND MORTGAGE FORE5 CLOSURES FOR SURVIVING SPOUSES. 

6 (a) PROTECTION FOR SURVIVING SPOUSE.—Section 

7 303 of the Servicemembers Civil Relief Act (50 U.S.C. 

8 App. 533) is amended by adding at the end the following 

9 new subsection: 

10 ‘‘(e) PROTECTION FOR SURVIVING SPOUSE.—With 

11 respect to a servicemember who dies while in military serv12 ice and whose death is service-connected, this section shall 

13 apply to the surviving spouse of the servicemember if such 

14 spouse is the successor in interest to property covered 

15 under subsection (a).’’. 

16 (b) EFFECTIVE DATE.—Subsection (e) of section 303 

17 of such Act, as added by subsection (a), shall apply to 

18 a surviving spouse of a servicemember whose death is on 

19 or after the date of the enactment of this Act. 

20 SECTION 1. EXPANSION OF PROTECTIONS RELATING TO 

21 MORTGAGES AND MORTGAGE FORE22 CLOSURES FOR SURVIVING SPOUSES. 

23 (a) PROTECTION FOR SURVIVING SPOUSE.—Section 

24 303 of the Servicemembers Civil Relief Act (50 U.S.C. App. 


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•HR 1263 RH

1 533) is amended by adding at the end the following new 

2 subsection: 

3 ‘‘(e) PROTECTION FOR SURVIVING SPOUSE.—During 

4 the five-year period beginning on the date of the enactment 

5 of this subsection, with respect to a servicemember who dies 

6 while in military service and whose death is service-con7 nected, this section shall apply to the surviving spouse of 

8 the servicemember if such spouse is the successor in interest 

9 to property covered under subsection (a).’’. 

10 (b) EFFECTIVE DATE.—Subsection (e) of section 303 

11 of such Act, as added by subsection (a), shall apply to a 

12 surviving spouse of a servicemember whose death is on or 

13 after the date of the enactment of this Act. 

14 SEC. 2. REQUIREMENTS FOR LENDING INSTITUTIONS THAT 

15 ARE CREDITORS FOR OBLIGATIONS AND LI16 ABILITIES COVERED BY THE 

17 SERVICEMEMBERS CIVIL RELIEF ACT. 

18 Section 207 of the Servicemembers Civil Relief Act is 

19 amended— 

20 (1) by redesignating subsections (d) and (e) as 

21 subsections (e) and (f), respectively; and 

22 (2) by inserting after subsection (c) the following 

23 new subsection (d): 

24 ‘‘(d) LENDING INSTITUTION REQUIREMENTS.— 


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•HR 1263 RH

1 ‘‘(1) COMPLIANCE OFFICERS.—Each lending in2 stitution subject to the requirements of this section 

3 shall designate an employee of the institution as a 

4 compliance officer who is responsible for ensuring the 

5 institution’s compliance with this section and for dis6 tributing information to servicemembers whose obliga7 tions and liabilities are covered by this section. 

8 ‘‘(2) TOLL-FREE TELEPHONE NUMBER.—During 

9 any fiscal year, a lending institution subject to the re10 quirements of this section that had annual assets for 

11 the preceding fiscal year of $10,000,000,000 or more 

12 shall maintain a toll-free telephone number and shall 

13 make such telephone number available on the primary 

14 Internet Web site of the institution.’’. 

15 SEC. 3. EXTENSION OF PERIOD OF PROTECTIONS FOR 

16 SERVICEMEMBERS AGAINST MORTGAGE 

17 FORECLOSURES. 

18 (a) EXTENDED PERIOD OF PROTECTIONS.— 

19 (1) STAY OF PROCEEDINGS AND PERIOD OF AD20 JUSTMENT OF OBLIGATIONS RELATING TO REAL OR

21 PERSONAL PROPERTY.—Section 303(b) of the 

22 Servicemembers Civil Relief Act (50 U.S.C. App. 

23 533(b)) is amended by striking ‘‘within 9 months’’ 

24 and inserting ‘‘within 12 months’’. 


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•HR 1263 RH

1 (2) PERIOD OF RELIEF FROM SALE, FORE2 CLOSURE, OR SEIZURE.—Section 303(c) of such Act 

3 (50 U.S.C. App. 533(c)) is amended by striking 

4 ‘‘within 9 months’’ and inserting ‘‘within 12 

5 months’’. 

6 (3) SUNSET.— The amendments made by para7 graphs (1) and (2) shall expire on December 31, 2017. 

8 Effective January 1, 2018, the provisions of sub9 sections (b) and (c) of section 303 of the 

10 Servicemembers Civil Relief Act, as in effect on the 

11 day before the date of the enactment of the Housing 

12 and Economic Recovery Act of 2008 (Public Law 

13 110–289), are hereby revived. 

14 (b) REPEAL OF SUPERCEDED PROVISION.—Subsection 

15 (c) of section 2203 of the Housing and Economic Recovery 

16 Act of 2008 (Public Law 110–289; 50 U.S.C. App. 533 note) 

17 is amended to read as follows: 

18 ‘‘(c) EFFECTIVE DATE.—The amendments made by 

19 subsection (a) shall take effect on the date of the enactment 

20 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.’’. 


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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 

relating to mortgages and mortgage foreclosures. provide surviving spouses with certain protections 

OCTOBER 5, 2011 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Mar 15 2010 21:23 Oct 05, 2011 Jkt 019200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\H1263.RH H1263

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