§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-

(1) 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

A person who knowingly makes or causes to be made a sale, foreclosure, or seizure of property that is prohibited by subsection (c), or who knowingly attempts to do so, shall be fined as provided in title 18, or imprisoned for not more than one year, or both.

(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 .)

Editorial Notes

Codification

Section was formerly classified to section 533 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 303 of act Oct. 17, 1940, ch. 888, art. III, as added Oct. 6, 1942, ch. 581, §12, 56 Stat. 772 , related to settlement of cases involving stayed proceedings to foreclose mortgage on, resume possession of, or terminate contract for purchase of, personal property, prior to the general amendment of this Act by Pub. L. 108–189. See section 3954 of this title.

Another prior section 303 of act Oct. 17, 1940, ch. 888, art. III, 54 Stat. 1183 , related to stay of action to resume possession of motor vehicle, tractor, or their accessories, encumbered by purchase money mortgage, conditional sales contract, etc., prior to repeal by act Oct. 6, 1942, ch. 581, §11, 56 Stat. 772 .

Amendments

2018-Subsecs. (b), (c). Pub. L. 115–174 repealed Pub. L. 112–154, §710(d)(1), (3). See 2012 Amendment notes below.

2012-Subsecs. (b), (c). Pub. L. 112–154, §710(d)(3), as amended, which would have revived the provisions of subsecs. (b) and (c) as in effect on July 29, 2008, was repealed by Pub. L. 115–174, §313.

Pub. L. 112–154, §710(a), (b), substituted "within one year" for "within 9 months" in introductory provisions.

2010-Subsec. (d). Pub. L. 111–275 amended subsec. (d) generally. Prior to amendment, subsec. (d) related to penalties.

2008-Subsecs. (b), (c). Pub. L. 110–289 substituted "9 months" for "90 days" in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective and Termination Dates of 2012 Amendment; Revival

Pub. L. 112–154, title VII, §710(c), Aug. 6, 2012, 126 Stat. 1208 , provided that: "The amendments made by subsections (a) and (b) [amending this section] shall take effect on the date that is 180 days after the date of the enactment of this Act [Aug. 6, 2012]."

Pub. L. 112–154, title VII, §710(d)(1), Aug. 6, 2012, 126 Stat. 1208 , as amended by Pub. L. 113–286, §2(1), Dec. 18, 2014, 128 Stat. 3093 ; Pub. L. 114–142, §2(1), Mar. 31, 2016, 130 Stat. 326 ; Pub. L. 115–91, div. A, title V, §557(1), Dec. 12, 2017, 131 Stat. 1405 , which provided that the amendments made by subsecs. (a) and (b) of section 710 of Pub. L. 112–154 (amending this section) would expire on Dec. 31, 2019, was repealed by Pub. L. 115–174, title III, §313, May 24, 2018, 132 Stat. 1356 .

Pub. L. 112–154, title VII, §710(d)(3), Aug. 6, 2012, 126 Stat. 1208 , as amended by Pub. L. 113–286, §2(2), Dec. 18, 2014, 128 Stat. 3093 ; Pub. L. 114–142, §2(2), Mar. 31, 2016, 130 Stat. 326 ; Pub. L. 115–91, div. A, title V, §557(2), Dec. 12, 2017, 131 Stat. 1405 , which provided that, effective Jan. 1, 2020, the provisions of subsecs. (b) and (c) of this section, as in effect on July 29, 2008, would be revived, was repealed by Pub. L. 115–174, title III, §313, May 24, 2018, 132 Stat. 1356 .

Effective Date of 2008 Amendment

Pub. L. 110–289, div. B, title II, §2203(c), July 30, 2008, 122 Stat. 2850 , as amended by Pub. L. 111–346, §2, Dec. 29, 2010, 124 Stat. 3622 ; Pub. L. 112–154, title VII, §710(d)(2), Aug. 6, 2012, 126 Stat. 1208 , provided that: "The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [July 30, 2008]."

Effective Date

Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.