II
112th CONGRESS
1st Session
S. 486
IN THE SENATE OF THE UNITED STATES
March 3, 2011
Mr. Whitehouse (for himself, Mr. Reed, Mr. Merkley, Mr. Sanders, and Mr. Tester) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs
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
Extended period of protections
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
.
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
.
Repeal of sunset
Subsection (c) of section 2203 of the Housing and Economic Recovery Act of 2008 (50 U.S.C. App. 533 note) is amended to read as follows:
Effective date
The amendments made by subsection (a) shall take effect on the date of the enactment of this Act.
.
Increased criminal penalties
Felony for unlawful eviction or distress
In general
Section 301(c) of such Act (50 U.S.C. App. 531(c)) is
amended by striking not more than one year
and inserting
not more than two years
.
Clerical amendment
Such section is further amended, in the heading, by
striking Misdemeanor
and inserting
Felony
.
Felony for unlawful sale, foreclosure, or seizure
In general
Section 303(d) 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
.
Clerical amendment
Such section is further amended, in the heading, by
striking Misdemeanor
and inserting
Felony
.
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. 531(c) and 53(d)) to reflect the amendments made by paragraphs (1) and (2) of this subsection.
Increased civil penalties generally
Section 801(b)(3) of such Act (50 U.S.C. App. 597(b)(3)) is amended—
in subparagraph
(A), by striking $55,000
and inserting $110,000
;
and
in subparagraph
(B), by striking $110,000
and inserting
$220,000
.