I 
112TH CONGRESS 
2D SESSION 
H. R. 4740 
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. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 25, 2012 
Mr. HUNTER (for himself, Mr. WEST, Mrs. DAVIS of California, Mr. RIGELL, 
Mr. LARSEN of Washington, Mr. RYAN of Ohio, Mr. WITTMAN, Mr. TUR-
NER of Ohio, Mr. HEINRICH, and Mr. CARTER) introduced the following 
bill; which was referred to the Committee on Veterans’ Affairs 
A BILL 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fairness for Military 
Homeowners Act of 2012’’. 
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SEC. 2. AMENDMENT TO SERVICEMEMBERS CIVIL RELIEF 
ACT. 
(a) IN GENERAL.—Title III of the Servicemembers 
Civil Relief Act (50 U.S.C. App. 531 et seq.) is amended 
by inserting after section 303 the following new section: 
‘‘SEC. 303A. TREATMENT OF RELOCATION FOR ACTIVE 
DUTY FOR PURPOSES OF MORTGAGE REFI-
NANCING. 
‘‘(a) TREATMENT OF ABSENCE FROM RESIDENCE 
DUE TO ACTIVE DUTY.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
if, at any time that a servicemember who is the 
mortgagor under an existing mortgage does not re-
side in the residence that secures the existing mort-
gage because of relocation described in subsection 
(b)(1)(B), such servicemember inquires about or ap-
plies for a covered refinancing mortgage, such serv-
icemember shall be considered, for all purposes relat-
ing 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 mort-
gage, to occupy the residence that secures the exist-
ing mortgage to be paid or prepaid by such covered 
refinancing mortgage as the principal residence of 
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the servicemember during the period of any such re-
location. 
‘‘(2) LIMITATION.—Paragraph (1) shall not 
apply with respect to a servicemember at any time 
if, during the 5-year period preceding such time, the 
servicemember entered into a covered refinancing 
mortgage pursuant to this section. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) EXISTING MORTGAGE.—The term ‘existing 
mortgage’ means a mortgage that is secured by a 1- 
to 4-family residence, including a condominium or a 
share in a cooperative ownership housing associa-
tion, that was the principal residence of a service-
member for a period that— 
‘‘(A) had a duration of 13 consecutive 
months or longer; and 
‘‘(B) ended upon the relocation of the serv-
icemember caused by the servicemember receiv-
ing 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 oc-
cupy such residence as a principal residence. 
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‘‘(2) COVERED REFINANCING MORTGAGE.—The 
term ‘covered refinancing mortgage’ means any 
mortgage— 
‘‘(A) that is made for the purpose of pay-
ing or prepaying, and extinguishing, the out-
standing obligations under an existing mortgage 
or mortgages; and 
‘‘(B) that is secured by the same residence 
that secured such existing mortgage or mort-
gages.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for such Act is amended by inserting after the item relat-
ing to section 305 the following new item: 
‘‘Sec. 303A. Treatment of relocation for active duty for purposes of mortgage 
refinancing.’’. 
Æ 
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