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50 U.S.C. § 3956 — Settlement of stayed cases relating to personal property
Federal law — U.S. Code and appendices · legal_authorities
**(a) Appraisal of property** When a stay is granted pursuant to this chapter in a proceeding to foreclose a mortgage on or to repossess personal property, or to rescind or terminate a contract for the purchase of personal property, the court may appoint three disinterested parties to appraise the property.
**(b) Equity payment** Based on the appraisal, and if undue hardship to the servicemember’s dependents will not result, the court may order that the amount of the servicemember’s equity in the property be paid to the servicemember, or the servicemember’s dependents, as a condition of foreclosing the mortgage, repossessing the property, or rescinding or terminating the contract.
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Source file: Laws/federal/codes/united-states-code/title-50/section-3956-settlement-of-stayed-cases-relating-to-personal-property--dfcd90a9a7.md
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Source location: Title 50, Chapter 50, § 3956; chapter-050-servicemembers-civil-relief.md
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**(a) Appraisal of property** When a stay is granted pursuant to this chapter in a proceeding to foreclose a mortgage on or to repossess personal property, or to rescind or terminate a contract for the purchase of personal property, the court may appoint three disinterested parties to appraise the property.
**(b) Equity payment** Based on the appraisal, and if undue hardship to the servicemember’s dependents will not result, the court may order that the amount of the servicemember’s equity in the property be paid to the servicemember, or the servicemember’s dependents, as a condition of foreclosing the mortgage, repossessing the property, or rescinding or terminating the contract.
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3918&num=0&edition=prelim).
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3955
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Any person aggrieved by a violation of this chapter may in a civil action—
(1) obtain any appropriate equitable or declaratory relief with respect to the violation;
(2) recover all other appropriate relief, including monetary damages; and
(3) be a representative party on behalf of members of a class or be a member of a class, in accordance with the Federal Rules of Civil Procedure, notwithstanding any previous agreement to the contrary.
**(b) Costs and attorney fees** The court may award to a person aggrieved by a violation of this chapter who prevails in an action brought under subsection (a) the costs of the action, including a reasonable attorney fee.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3901
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this title—
(1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively.
(2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable.
(3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried.
(4)
(A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and—
(i) who is under the age of eighteen years;
(ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or
(iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution;
and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Servicemembers Civil Relief Act”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3911
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Federal law — U.S. Code and appendices · legal_authorities
Page 1002
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3956
2020—Subsec. (a)(1)(C). Pub. L. 116–158, § 1(a), added
subpar. (C).
Subsec. (b)(1)(C). Pub. L. 116–158, § 1(b)(1), added sub-
par. (C).
Subsec. (b)(2)(C). Pub. L. 116–158, § 1(b)(2), added sub-
par. (C).
Subsec. (d)(1). Pub. L. 116–158, § 1(c), amended par. (1)
generally. Prior to amendment, text read as follows:
‘‘In the case of a lease described in subsection (b)(1)
that provides for monthly payment of rent, termi-
nation of the lease under subsection (a) is effective 30
days after the first date on which the next rental pay-
ment is due and payable after the date on which the no-
tice under subsection (c) is delivered. In the case of any
other lease described in subsection (b)(1), termination
of the lease under subsection (a) is effective on the last
day of the month following the month in which the no-
tice is delivered.’’
Subsec. (i). Pub. L. 116–158, § 1(d), which directed
amendment of subsec. (i) by inserting ‘‘In this section:’’
before par. (1) without specifying the section being
amended, was executed to subsec. (i) of this section, to
reflect the probable intent of Congress.
2019—Subsec. (a)(3). Pub. L. 116–92, § 545(b), sub-
stituted ‘‘in subsection (b)’’ for ‘‘in subsection (b)(1)’’.
Subsec. (a)(4). Pub. L. 116–92, § 545(a), added par. (4).
Subsec. (i)(1). Pub. L. 116–92, § 546(1), inserted ‘‘(in-
cluding orders for separation or retirement)’’ after ‘‘of-
ficial military orders’’.
Subsec. (i)(3). Pub. L. 116–92, § 546(2), added par. (3).
2018—Subsec. (a). Pub. L. 115–407, § 301(1), struck out
‘‘by lessee’’ after ‘‘Termination’’ in heading.
Subsec. (a)(1). Pub. L. 115–407, § 301(2), substituted
‘‘Termination by lessee’’ for ‘‘In general’’ in heading.
Subsec. (a)(3). Pub. L. 115–407, §
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3956
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