S 486

112th CONGRESS
1st Session

S. 486

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.

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.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 2. 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 (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- 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'.

        (B) CLERICAL AMENDMENT- Such section is further amended, in the heading, by striking `Misdemeanor' and inserting `Felony'.

      (2) FELONY FOR UNLAWFUL SALE, FORECLOSURE, OR SEIZURE-

        (A) 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'.

        (B) CLERICAL AMENDMENT- Such section is further amended, in the heading, 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. 531(c) and 53(d)) to reflect the amendments made by paragraphs (1) and (2) of this subsection.

    (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'.

END