II 

112TH CONGRESS 

1ST SESSION S. 486 

To amend the Servicemembers Civil Relief Act to enhance protections for 

members of the uniformed services relating to mortgages, mortgage foreclosure, and eviction, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 3, 2011 

Mr. WHITEHOUSE (for himself, Mr. REED, Mr. MERKLEY, Mr. SANDERS, and 

Mr. TESTER) introduced the following bill; which was read twice and referred to the Committee on Veterans’ Affairs 

A BILL 

To amend the Servicemembers Civil Relief Act to enhance 

protections for members of the uniformed services relating to mortgages, mortgage foreclosure, and eviction, 

and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting 

5 Servicemembers from Mortgage Abuses Act of 2011’’. 


emcdonald on DSK2BSOYB1PROD with BILLS
2 

•S 486 IS

1 SEC. 2. ENHANCED PROTECTIONS FOR MEMBERS OF UNI2 FORMED SERVICES RELATING TO MORT3 GAGES, MORTGAGE FORECLOSURE, AND 

4 EVICTION. 

5 (a) EXTENDED PERIOD OF PROTECTIONS.— 

6 (1) STAY OF PROCEEDINGS AND PERIOD OF AD7 JUSTMENT OF OBLIGATIONS RELATING TO REAL OR

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

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

10 533(b)) is amended by striking ‘‘within 9 months’’ 

11 and inserting ‘‘within 24 months’’. 

12 (2) PERIOD OF RELIEF FROM SALE, FORE13 CLOSURE, OR SEIZURE.—Section 303(c) of such Act 

14 (50 U.S.C. App. 533(c)) is amended by striking 

15 ‘‘within 9 months’’ and inserting ‘‘within 24 

16 months’’. 

17 (3) REPEAL OF SUNSET.—Subsection (c) of 

18 section 2203 of the Housing and Economic Recovery 

19 Act of 2008 (50 U.S.C. App. 533 note) is amended 

20 to read as follows: 

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

22 subsection (a) shall take effect on the date of the enact23 ment of this Act.’’. 

24 (b) INCREASED CRIMINAL PENALTIES.— 

25 (1) FELONY FOR UNLAWFUL EVICTION OR DIS26 TRESS.— 


emcdonald on DSK2BSOYB1PROD with BILLS
3 

•S 486 IS

1 (A) IN GENERAL.—Section 301(c) of such 

2 Act (50 U.S.C. App. 531(c)) is amended by 

3 striking ‘‘not more than one year’’ and insert4 ing ‘‘not more than two years’’. 

5 (B) CLERICAL AMENDMENT.—Such section 

6 is further amended, in the heading, by striking 

7 ‘‘MISDEMEANOR’’ and inserting ‘‘FELONY’’. 

8 (2) FELONY FOR UNLAWFUL SALE, FORE9 CLOSURE, OR SEIZURE.— 

10 (A) IN GENERAL.—Section 303(d) of such 

11 Act (50 U.S.C. App. 533(d)) is amended by 

12 striking ‘‘not more than one year’’ and insert13 ing ‘‘not more than two years’’. 

14 (B) CLERICAL AMENDMENT.—Such section 

15 is further amended, in the heading, by striking 

16 ‘‘MISDEMEANOR’’ and inserting ‘‘FELONY’’. 

17 (3) REVIEW OF FEDERAL SENTENCING GUIDE18 LINES.—Pursuant to the authority under section 

19 994 of title 28, United States Code, the United 

20 States Sentencing Commission shall review the Fed21 eral Sentencing Guidelines and policy statements ap22 plicable to offenses under section 301(c) and 303(d) 

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

24 App. 531(c) and 53(d)) to reflect the amendments 

25 made by paragraphs (1) and (2) of this subsection. 


emcdonald on DSK2BSOYB1PROD with BILLS
4 

•S 486 IS

1 (c) INCREASED CIVIL PENALTIES GENERALLY.— 

2 Section 801(b)(3) of such Act (50 U.S.C. App. 597(b)(3)) 

3 is amended— 

4 (1) in subparagraph (A), by striking ‘‘$55,000’’ 

5 and inserting ‘‘$110,000’’; and 

6 (2) in subparagraph (B), by striking 

7 ‘‘$110,000’’ and inserting ‘‘$220,000’’. 

Æ 


emcdonald on DSK2BSOYB1PROD with BILLS