Fairness for Military Homeowners Act of 2013

To amend the Servicemembers Civil Relief Act to ensure that relocation of a servicemember to serve on active duty away from the servicemember’s principal residence does not prevent the servicemember from refinancing a mortgage on that principal residence. 1. Short title This Act may be cited as the Fairness for Military Homeowners Act of 2013 2. Treatment of relocation of members of the Armed Forces for active duty for purposes of mortgage refinancing (a) In general Title III of the Servicemembers Civil Relief Act is amended by inserting after section 303 (50 U.S.C. App. 533) the following new section: 303A. Treatment of relocation of servicemembers for active duty for purposes of mortgage refinancing (a) Treatment of absence from residence due to active duty While a servicemember who is the mortgagor under an existing mortgage does not reside in the residence that secures the existing mortgage because of a relocation described in subsection (c)(1)(B), if the servicemember inquires about or applies for a covered refinancing mortgage, the servicemember shall be considered, for all purposes relating to the covered refinancing mortgage (including such inquiry or application and eligibility for, and compliance with, any underwriting criteria and standards regarding such covered refinancing mortgage) to occupy the residence that secures the existing mortgage to be paid or prepaid by such covered refinancing mortgage as the principal residence of the servicemember during the period of such relocation. (b) Limitation Subsection (a) shall not apply with respect to a servicemember who inquires about or applies for a covered refinancing mortgage if, during the 5-year period preceding the date of such inquiry or application, the servicemember entered into a covered refinancing mortgage pursuant to this section. (c) Definitions In this section: (1) Existing mortgage The term existing mortgage (A) had a duration of 13 consecutive months or longer; and (B) ended upon the relocation of the servicemember caused by the servicemember receiving military orders for a permanent change of station or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 18 months that did not allow the servicemember to continue to occupy such residence as a principal residence. (2) Covered refinancing mortgage The term covered refinancing mortgage (A) is made for the purpose of paying or prepaying, and extinguishing, the outstanding obligations under an existing mortgage or mortgages; and (B) is secured by the same residence that secured such existing mortgage or mortgages. . (b) Clerical amendment The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 303 the following new item: 303A. Treatment of relocation of servicemembers for active duty for purposes of mortgage refinancing. .

Summary: Fairness for Military Homeowners Act of 2013 - Amends the Servicemembers Civil Relief Act to prohibit the absence of a servicemember from his or her principal place of residence due to active-duty military service from preventing such servicemember from refinancing a mortgage on such residence. Makes such prohibition inapplicable to a servicemember who entered into a refinancing on such residence within the past five years.