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50 U.S.C. § 3955 — Mortgages and trust deeds

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3955 — 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](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.

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Source location: Title 50, Chapter 50, § 3955; chapter-050-servicemembers-civil-relief.md

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3954 — Protection under installment contracts for purchase or lease

**(a) Protection upon breach of contract** (1) **Protection after entering military service** — After a servicemember enters military service, a contract by the servicemember for— (A) the purchase of real or personal property (including a motor vehicle); or (B) the lease or bailment of such property, may not be rescinded or terminated for a breach of terms of the contract occurring before or during that person’s military service, nor may the property be repossessed for such breach without a court order. (2) **Applicability** — This section applies only to a contract for which a deposit or installment has been paid by the servicemember before the servicemember enters military service. **(b) Misdemeanor** A person who knowingly resumes possession of property in violation of subsection (a), or in violation of [section 3918 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3918&num=0&edition=prelim), 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. **(c) Authority of court** In a hearing based on this section, the court— (1) may order repayment to the servicemember of all or part of the prior installments or deposits as a condition of terminating the contract and resuming possession of the property; (2) may, on its own motion, and shall on application by a servicemember when the servicemember’s ability to comply with the contract is materially affected by military service, stay the proceedings for a period of time as, in the opinion of the court, justice and equity require; or (3) may make other disposition as is equitable to preserve the interests of all parties.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3918 — Information for members of the Armed Forces and their dependents on rights and protections of the Servicemembers Civil Relief Act

**(a) Outreach to members** The Secretary concerned shall provide to each member of the Armed Forces under the jurisdiction of the Secretary pertinent information on the rights and protections available to members and their dependents under the Servicemembers Civil Relief Act [[50 U.S.C. 3901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3901&num=0&edition=prelim) et seq.]. **(b) Time of provision** The information required to be provided under subsection (a) to a member shall be provided at the following times: (1) During the initial orientation training of the member. (2) In the case of a member of a reserve component, during the initial orientation training of the member and when the member is mobilized or otherwise individually called or ordered to active duty for a period of more than one year. (3) At such other times as the Secretary concerned considers appropriate. **(c) Outreach to dependents** The Secretary concerned may provide to the adult dependents of members under the jurisdiction of the Secretary pertinent information on the rights and protections available to members and their dependents under the Servicemembers Civil Relief Act [[50 U.S.C. 3901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3901&num=0&edition=prelim) et seq.]. **(d) Definitions** In this section, the terms “dependent” and “Secretary concerned” have the meanings given such terms in section 101 of the Servicemembers Civil Relief Act [[50 U.S.C. 3911](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3911&num=0&edition=prelim)].

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3901 — Private right of action

**(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.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4087 — Termination of residential or motor vehicle leases and telephone service contracts

The terms governing the termination of residential or motor vehicle leases and telephone service contracts described in sections 305 and 305A, respectively, of the Servicemembers Civil Relief Act ([50 U.S.C. 3955](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3955&num=0&edition=prelim) and 3956) with respect to servicemembers who receive military orders described in such Act [[50 U.S.C. 3901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3901&num=0&edition=prelim) et seq.] shall apply in the same manner and to the same extent to members of the Foreign Service who are posted in the United States or posted abroad in accordance with this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3956 — Settlement of stayed cases relating to personal property

**(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

50 U.S.C. § 3958 — Termination of certain consumer contracts

**(a) Termination by servicemember or dependent of a servicemember** (1) **Termination** — A servicemember may terminate a contract described in subsection (b) at any time after— (A) the date the servicemember receives military orders to relocate for a period of not less than 90 days to a location that does not support the contract; or (B) the date the servicemember, while in military service, receives military orders for a permanent change of station, thereafter enters into the contract, and then receives a stop movement order issued by the Secretary of Defense or the Secretary of Homeland Security in response to a local, national, or global emergency, effective for an indefinite period or for a period of not less than 30 days, that prevents the servicemember from using the services provided under the contract. (2) **Notice** — In the case that a servicemember terminates a contract as described in paragraph (1), the service provider under the contract shall provide such servicemember with written or electronic notice of the servicemember’s rights under such paragraph. (3) **Manner of termination** — Termination of a contract under paragraph (1) shall be made by delivery of a written or electronic notice of such termination and a copy of the servicemember’s military orders to the service provider, delivered in accordance with industry standards for notification of terminations, together with the date on which the service is to be terminated. (4) **Additional individuals covered** — For purposes of this section, the following individuals shall be treated as a servicemember covered by paragraph (1): (A) A spouse or dependent of a servicemember who dies while in military service or a spouse or dependent of a member of the reserve components who dies while perf

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3958

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4027 — Portability of professional licenses of servicemembers and their spouses

**(a) In general** If a servicemember or the spouse of a servicemember has a covered license and relocates residence because such servicemember receives military orders for military service in a State other than the State of the licensing authority that issued the covered license, such covered license shall be considered valid for the scope of practice in the State of the new residence if such servicemember or spouse submits to the licensing authority of such State an application described in subsection (c). **(b) Temporary licenses** If a licensing authority is required to consider a covered license valid under subsection (a) but cannot carry out such requirement during the 30 days after receiving an application described in subsection (c), the licensing authority may issue to the applicant a temporary license that confers the same rights, privileges, and responsibilities as a permanent license. **(c) Application** An application described in this subsection includes the following: (1) Proof of military orders described in subsection (a). (2) If the applicant is the spouse of a servicemember, a copy of the marriage certificate. (3) A notarized affidavit affirming, under the penalty of law, that— (A) the applicant is the person described and identified in the application; (B) all statements made in the application are true and correct and complete; (C) the applicant has read and understands the requirements to receive a license, and the scope of practice, of the State of the licensing authority; (D) the applicant certifies that the applicant meets and shall comply with requirements described in subparagraph (C); and (E) the applicant is in good standing in all States in which the applicant holds or has held a license. **(d) Background checks** A lic

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3955 — Termination of residential or motor vehi-

Page 999 TITLE 50—WAR AND NATIONAL DEFENSE § 3955 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 amend- ments 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 amend- ments made by subsection (a) [amending this section] shall take effect on

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