Skip to main content

50 U.S.C. § 3953 - U.S. Code - Unannotated Title 50. War and National Defense § 3953. Mortgages and trust deeds

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

(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 90 days 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 90 days 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.

Cite this article: FindLaw.com - 50 U.S.C. § 3953 - U.S. Code - Unannotated Title 50. War and National Defense § 3953. Mortgages and trust deeds - last updated January 01, 2018 | https://codes.findlaw.com/us/title-50-war-and-national-defense/50-usc-sect-3953/


FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Copied to clipboard