U.S Code last checked for updates: Nov 22, 2024
§ 3953.
Mortgages and trust deeds
(a)
Mortgage as security
This section applies only to an obligation on real or personal property owned by a servicemember that—
originated before the period of the servicemember’s military service and for which the servicemember is still obligated; and
(2)
is secured by a mortgage, trust deed, or other security in the nature of a mortgage.
(b)
Stay of proceedings and adjustment of obligation
In an action filed during, or within one year after, a servicemember’s period of military service to enforce an obligation described in subsection (a), the court may after a hearing and on its own motion and shall upon application by a servicemember when the servicemember’s ability to comply with the obligation is materially affected by military service—
(1)
stay the proceedings for a period of time as justice and equity require, or
(2)
adjust the obligation to preserve the interests of all parties.
(c)
Sale or foreclosure
A sale, foreclosure, or seizure of property for a breach of an obligation described in subsection (a) shall not be valid if made during, or within one year after, the period of the servicemember’s military service except—
(1)
upon a court order granted before such sale, foreclosure, or seizure with a return made and approved by the court; or
(2)
if made pursuant to an agreement as provided in section 3918 of this title.
(d)
Misdemeanor
(Oct. 17, 1940, ch. 888, title III, § 303, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2847; amended Pub. L. 110–289, div. B, title II, § 2203(a), July 30, 2008, 122 Stat. 2849; Pub. L. 111–275, title III, § 303(b)(4), Oct. 13, 2010, 124 Stat. 2878; Pub. L. 112–154, title VII, § 710(a), (b), (d)(3), Aug. 6, 2012, 126 Stat. 1208; Pub. L. 115–174, title III, § 313, May 24, 2018, 132 Stat. 1356.)
cite as: 50 USC 3953