H.R. 1566 – Protecting Servicemembers from Mortgage Abuses Act of 2011

112th CONGRESS

1st Session

H. R. 1566

IN THE HOUSE OF REPRESENTATIVES

April 14, 2011

Mr. Walz of Minnesota (for himself, Mr. Michaud, and Mr. Kissell) introduced the following bill; which was referred to the Committee on Veterans’ Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend the Servicemembers Civil Relief Act to enhance protections for members of the uniformed services relating to mortgages, mortgage foreclosure, and eviction, and for other purposes.

Short title

This Act may be cited as the Protecting Servicemembers from Mortgage Abuses Act of 2011.

Enhanced protections for members of uniformed services relating to mortgages, mortgage foreclosure, and eviction

(a)

Extended period of protections

(1)

Stay of proceedings and period of adjustment of obligations relating to real or personal property

Section 303(b) of the Servicemembers Civil Relief Act (50 U.S.C. App. 533(b)) is amended by striking within 9 months and inserting within 24 months.

(2)

Period of relief from sale, foreclosure, or seizure

Section 303(c) of such Act (50 U.S.C. App. 533(c)) is amended by striking within 9 months and inserting within 24 months.

(3)

Repeal of sunset

Subsection (c) of section 2203 of the Housing and Economic Recovery Act of 2008 (Public Law 110–289; 50 U.S.C. App. 533 note) is amended to read as follows:

(c)

Effective date

The amendments made by subsection (a) shall take effect on the date of the enactment of this Act.

(b)

Increased criminal penalties

(1)

Felony for unlawful eviction or distress

(A)

In general

Subsection (c) of section 301 of the Servicemembers Civil Relief Act (50 U.S.C. App. 531(c)) is amended by striking not more than one year and inserting not more than two years.

(B)

Clerical amendment

The heading of such subsection is amended by striking Misdemeanor and inserting Felony.

(2)

Felony for unlawful sale, foreclosure, or seizure

(A)

In general

Subsection (d) of section 303 of such Act (50 U.S.C. App. 533(d)) is amended by striking not more than one year and inserting not more than two years.

(B)

Clerical amendment

The heading of such subsection is amended by striking Misdemeanor and inserting Felony.

(3)

Review of Federal Sentencing Guidelines

Pursuant to the authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review the Federal Sentencing Guidelines and policy statements applicable to offenses under section 301(c) and 303(d) of the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) to reflect the amendments made by paragraphs (1) and (2).

(c)

Increased civil penalties generally

Section 801(b)(3) of such Act (50 U.S.C. App. 597(b)(3)) is amended—

(1)

in subparagraph (A), by striking $55,000 and inserting $110,000; and

(2)

in subparagraph (B), by striking $110,000 and inserting $220,000.

Protecting Servicemembers from Mortgage Abuses Act of 2011

Legislative Activity

Bill Text