50 U.S.C. §3953 — Mortgages and trust deeds (SCRA)
The Servicemembers Civil Relief Act §3953 prohibits non-judicial foreclosure of pre-service mortgages and trust deeds during, and within one year after, a servicemember's period of military service; requires a court order for any sale, foreclosure, or seizure within that protected window; authorizes courts to stay proceedings or adjust the obligation when ability to pay is materially affected by service; and makes knowing prohibited foreclosure a federal misdemeanor.
Verbatim regulatory text
Verbatim provisions from 50 U.S.C. §3953 — Mortgages and trust deeds (SCRA) — each quote is a verified substring of the regulator-published source snapshot, not retyped. Quoted for reference; this is not legal advice. The operational layer (P&P updates, prompts) lives in the regulation update kits.
50 U.S.C. §3953(a) — Scope: pre-service mortgages on servicemember property
(a) Mortgage as security This section applies only to an obligation on real or personal property owned by a servicemember that—
50 U.S.C. §3953(b) — Stay of proceedings or adjustment of obligation
(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—
50 U.S.C. §3953(c) — Prohibition on sale, foreclosure, or seizure without court order
(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—
50 U.S.C. §3953(d) — Misdemeanor for knowing violation
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.
50 U.S.C. §3953(a) — Scope: pre-service mortgages on servicemember property — enumerated items (chapeau recall fix)
(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.
50 U.S.C. §3953(b) — Stay of proceedings or adjustment of obligation — enumerated items (chapeau recall fix)
(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.
50 U.S.C. §3953(c) — Prohibition on sale, foreclosure, or seizure without court order — enumerated items (chapeau recall fix)
(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 .