,i #aacth ,,congress #ast ,session ,h4 ,r4 #ahdb ,,in ,,the ,,house ,,of ,,representatives ,may #g1 #bjac ,mr4 ,cummings 7for himself1 ,mr4 ,michaud1 ,mr4 ,smith of ,washington1 ,mrs4 ,davis of ,california1 ,mr4 ,takano1 and ,mr4 ,tierney7 introduced the following bill2 which was referred to the ,committee on ,veterans' ,affairs ,a ,,bill ,to amend the ,servicemembers ,civil ,relief ,act to improve the protections for servicemembers1 surviving spouses1 and disabled veterans against mortgage foreclosures1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,military ,family ,home ,protection ,act4 #b4 ,mortgage protection for members of the ,armed ,forces1 surviving spouses1 and certain veterans 7a7 ,members of the ,armed ,forces1 surviving spouses1 and certain disabled veterans 7#a7 ,in general ,title ,,iii of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #eja et seq47 is amended by inserting after section #cjc the following new section3 #cjc;,a4 ,mortgages and trust deeds of certain servicemembers1 surviving spouses1 and disabled veterans 7a7 ,mortgage as ,security ,this section applies only to an obligation on real or personal property owned by a covered individual that-- 7#a7 originated at any time and for which the covered individual is still obligated2 and 7#b7 is secured by a mortgage1 trust deed1 or other security in the nature of a mortgage4 7b7 ,stay of ,proceedings 7#a7 ,in general ,in accordance with subsection 7d77#a71 in a judicial action pending or in a nonjudicial action commenced during a covered time period to enforce an obligation described in subsection 7a71 a court-- 7,a7 may1 after a hearing and on its own motion1 stay the proceedings until the end of the covered time period2 and 7,b7 shall1 upon application by a covered individual1 stay the proceedings until the end of the covered time period4 7#b7 ,obligation to stop proceedings ,upon receipt of notice provided under subsection 7d77#a71 a mortgagee1 trustee1 or other creditor seeking to foreclose on real property secured by an obligation covered by this section using any judicial or nonjudicial proceedings shall immediately stop any such proceeding until the end of the covered time period4 7c7 ,sale or ,foreclosure ,a sale1 judicial or nonjudicial foreclosure1 or seizure of property for a breach of an obligation described in subsection 7a7 that is not stayed under subsection 7b7 shall not be valid during a covered time period except-- 7#a7 upon a court order granted before such sale1 judicial or nonjudicial foreclosure1 or seizure with a return made and approved by the court2 or 7#b7 if made pursuant to an agreement as provided in section #ajg4 7d7 ,notice required 7#a7 ,in general ,to be covered under this section1 a covered individual shall provide to the mortgagee1 trustee1 or other creditor written notice that such individual is so covered4 7#b7 ,manner ,written notice under paragraph 7#a7 may be provided electronically4 7#c7 ,time ,notice provided under paragraph 7#a7 shall be provided during the covered time period4 7#d7 ,contents ,with respect to a servicemember described in subsection 7g77#a77;,a71 notice shall include-- 7,a7 a copy of the servicemember's official military orders1 or any notification1 certification1 or verification from a servicemember's commanding officer that provides evidence of servicemember's eligibility for special pay as described in subsection 7g77#a77;,a72 or 7,b7 an official notice using a form designed under paragraph 7#e74 7#e7 ,official forms 7,a7 ,in general ,the ,secretary of ,defense shall design and distribute an official ,department of ,defense form that can be used by an individual to give notice under paragraph 7#a74 7,b7 ,use of official form not required ,failure by any individual to use a form designed or distributed under subparagraph 7,a7 to provide notice shall not make such provision of notice invalid4 7e7 ,aggregate duration ,the aggregate duration for which a covered individual 7except a servicemember described in subsection 7g77#a77;,a77 may be covered under this section is one year4 7f7 ,misdemeanor ,a person who knowingly makes or causes to be made a sale1 foreclosure1 or seizure of property that is prohibited by subsection 7c71 or who knowingly attempts to do so1 shall be fined as provided in title #ah1 ,united ,states ,code1 or imprisoned for not more than one year1 or both4 7g7 ,definitions ,in this section3 7#a7 ,covered individual ,the term covered individual means the following individuals3 7,a7 ,a servicemember who is or was eligible for hostile fire or imminent danger special pay under section #caj of title #cg1 ,united ,states ,code1 during a period of military service4 7,b7 ,a servicemember placed on convalescent status1 including a servicemember transferred to the temporary disability retired list under section #abjb or #abje of title #aj1 ,united ,states ,code4 7,c7 ,a veteran who was medically discharged and retired under chapter #fa of title #aj1 ,united ,states ,code1 except for a veteran described in section #abjg of such title4 7,d7 ,a surviving spouse 7as defined in section #aja7c7 of title #ch1 ,united ,states ,code1 and in accordance with section #ajc of such title7 of a servicemember who died while in military service if such spouse is the successor in interest to property covered under subsection 7a74 7#b7 ,covered time period ,the term covered time period means the following time periods3 7,a7 ,with respect to a servicemember who is or was eligible for hostile fire or imminent danger special pay under section #caj of title #cg1 ,united ,states ,code1 during a period of military service1 during the period beginning on the first day on which the servicemember is or was eligible for such special pay during such period of military service and ending on the date that is one year after the last day of such period of military service4 7,b7 ,with respect to a servicemember described in paragraph 7#a77;,b71 during the one-year period beginning on the date on which the servicemember is placed on convalescent status or transferred to the temporary disability retired list under section #abjb or #abje of title #aj1 ,united ,states ,code4 7,c7 ,with respect to a veteran described in paragraph 7#a77;,c71 during the one-year period beginning on the date of the retirement of such veteran4 7,d7 ,with respect to a surviving spouse of a servicemember as described in paragraph 7#a77;,d71 during the one-year period beginning on the date on which the spouse receives notice of the death of the servicemember4 4 7#b7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is amended by inserting after the item relating to section #cjc the following new item3 ,sec4 #cjc;,a4 ,mortgages and trust deeds of certain servicemembers1 surviving spouses1 and disabled veterans4 4 7#c7 ,conforming amendment ,section #ajg of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #eag7 is amended by adding at the end the following3 7e7 ,other individuals ,for purposes of this section1 the term servicemember includes any covered individual under section #cjc;,a4 4 7b7 ,increased civil penalties for mortgage violations ,paragraph 7#c7 of section #hja7;b7 of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #eig7;b77#c77 is amended to read as follows3 7#c7 to vindicate the public interest1 assess a civil penalty-- 7,a7 with respect to a violation of section #bjg1 #cjc1 or #cjc;,a regarding real property-- 7i7 in an amount not exceeding #aaj1jjj for a first violation2 and 7ii7 in an amount not exceeding #bbj1jjj for any subsequent violation2 and 7,b7 with respect to any other violation of this ,act-- 7i7 in an amount not exceeding #ee1jjj for a first violation2 and 7ii7 in an amount not exceeding #aaj1jjj for any subsequent violation4 4 7c7 ,credit discrimination ,section #ajh of such ,act 7#ej ,u4,s4,c4 ,app4 #eah7 is amended-- 7#a7 by striking ,application by and inserting 7a7 ,application or receipt4--,application by2 and 7#b7 by adding at the end the following new subsection3 7b7 ,eligibility ,in addition to the protections under subsection 7a71 an individual who is entitled to any right or protection provided under this ,act may not be denied or refused credit or be subject to any other action described under paragraphs 7#a7 through 7#f7 of subsection 7a7 solely by reason of such entitlement4 4 7d7 ,effective date ,section #cjc;,a of the ,servicemembers ,civil ,relief ,act1 as added by subsection 7a71 and the amendments made by this section1 shall take effect on the date that is #ij days after the date of the enactment of this ,act4 #c4 ,treatment of relocation for active duty for purposes of mortgage refinancing 7a7 ,in general ,title ,,iii of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #eca et seq47 is amended by inserting after section #cjc;,a1 as added by section #a7;a77#a71 the following new section3 #cjc;,b4 ,treatment of relocation for active duty for purposes of mortgage refinancing 7a7 ,treatment of absence from residence due to active duty 7#a7 ,in general ,subject to paragraph 7#b71 if1 at any time that a servicemember who is the mortgagor under an existing mortgage does not reside in the residence that secures the existing mortgage because of relocation described in subsection 7c77#a77;,b71 such servicemember inquires about or applies for a covered refinancing mortgage1 such servicemember shall be1 for all purposes relating to the covered refinancing mortgage1 including such inquiry or application and eligibility for and compliance with any underwriting criteria and standards regarding such covered refinancing mortgage1 considered to occupy the residence that secures the existing mortgage to be paid or prepaid by such covered refinancing mortgage as the principal residence of the servicemember during the period of any such relocation4 7#b7 ,limitation ,paragraph 7#a7 shall not apply with respect to a servicemember at any time if1 during the five-year period preceding such time1 the servicemember entered into a covered refinancing mortgage pursuant to this section4 7b7 ,mortgages originated before period military service ,if a covered refinancing mortgage is entered into pursuant to this section with respect to an existing mortgage that originated before the period of the servicemember's military service1 such covered refinancing mortgage shall be deemed to be an obligation that originated before the period of the servicemember's military service and for which the servicemember is still obligated for purposes of section #cjc7;a77#a74 7c7 ,definitions ,in this section3 7#a7 ,existing mortgage ,the term existing mortgage means a mortgage that is secured by a #a- to #d-;family residence1 including a condominium or a share in a cooperative ownership housing association1 that was the principal residence of a servicemember for a period that-- 7,a7 had a duration of #ac consecutive months or longer2 and 7,b7 ended upon the relocation of the servicemember caused by the servicemember receiving military orders for a permanent change of station or to deploy with a military unit1 or as an individual in support of a military operation1 for a period of not less than #ij days that did not allow the servicemember to continue to occupy such residence as a principal residence4 7#b7 ,covered refinancing mortgage ,the term covered refinancing mortgage means any mortgage-- 7,a7 that is made for the purpose of paying or prepaying1 and extinguishing1 the outstanding obligations under an existing mortgage or mortgages2 and 7,b7 that is secured by the same residence that secured such existing mortgage or mortgages4 4 7b7 ,clerical amendment ,the table of contents for such ,act is amended by inserting after the item relating to section #cjc;,a the following new item3 ,sec4 #cjc;,b4 ,treatment of relocation for active duty for purposes of mortgage refinancing4 4 #d4 ,requirements for lending institutions that are creditors for obligations and liabilities covered by the ,servicemembers ,civil ,relief ,act ,section #bjg of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #ebg7 is amended-- 7#a7 by redesignating subsections 7d7 and 7e7 as subsections 7e7 and 7f71 respectively2 and 7#b7 by inserting after subsection 7c7 the following new subsection 7d73 7d7 ,lending institution requirements 7#a7 ,compliance officers ,each lending institution subject to the requirements of this section shall designate an employee of the institution as a compliance officer who is responsible for ensuring the institution's compliance with this section and for distributing information to servicemembers whose obligations and liabilities are covered by this section4 7#b7 ,toll-free telephone number ,during any fiscal year1 a lending institution subject to the requirements of this section that had annual assets for the preceding fiscal year of #aj1jjj1jjj1jjj or more shall maintain a toll-free telephone number and shall make such telephone number available on the primary ,internet website of the institution4 4