I 
113TH CONGRESS 
1ST SESSION H. R. 1223 
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 
MARCH 15, 2013 
Mr. HUNTER (for himself, Mrs. DAVIS of California, Mr. TURNER, and Mr. 
RYAN of Ohio) 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 2013’’. 
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SEC. 2. TREATMENT OF RELOCATION OF MEMBERS OF THE 
ARMED FORCES FOR ACTIVE DUTY FOR PUR-
POSES 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: 
‘‘SEC. 
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 be-
cause 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 consid-
ered, for all purposes relating to the covered refinancing 
mortgage (including such inquiry or application and eligi-
bility for, and compliance with, any underwriting criteria 
and standards regarding such covered refinancing mort-
gage) to occupy the residence that secures the existing 
mortgage to be paid or prepaid by such covered refi-
nancing mortgage as the principal residence of the service-
member during the period of such relocation. 
‘‘(b) LIMITATION.—Subsection (a) shall not apply 
with respect to a servicemember who inquires about or ap-
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plies for a covered refinancing mortgage if, during the 5- 
year period preceding the date of such inquiry or applica-
tion, the servicemember entered into a covered refinancing 
mortgage pursuant to this section. 
‘‘(c) 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. 
‘‘(2) COVERED REFINANCING MORTGAGE.—The 
term ‘covered refinancing mortgage’ means any 
mortgage that— 
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‘‘(A) is made for the purpose of paying or 
prepaying, and extinguishing, the outstanding 
obligations under an existing mortgage or mort-
gages; 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.’’. 
Æ 
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