113 HR 1223 IH: Fairness for Military Homeowners Act of 2013 U.S. House of Representatives 2013-03-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 113th CONGRESS 1st Session H. R. 1223 IN THE HOUSE OF REPRESENTATIVES March 15, 2013 Mr. Hunter (for himself, Mrs. Davis of California, Mr. Turner, and Mr. Ryan of Ohio) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend the Servicemembers Civil Relief Act to ensure that relocation of a servicemember to serve on active duty away from the servicemember’s principal residence does not prevent the servicemember from refinancing a mortgage on that principal residence.

1.

Short title

This Act may be cited as the Fairness for Military Homeowners Act of 2013.

2.

Treatment of relocation of members of the Armed Forces for active duty for purposes of mortgage refinancing

(a)

In general

Title III of the Servicemembers Civil Relief Act is amended by inserting after section 303 (50 U.S.C. App. 533) the following new section:

303A.

Treatment of relocation of servicemembers for active duty for purposes of mortgage refinancing

(a)

Treatment of absence from residence due to active duty

While a servicemember who is the mortgagor under an existing mortgage does not reside in the residence that secures the existing mortgage because of a relocation described in subsection (c)(1)(B), if the servicemember inquires about or applies for a covered refinancing mortgage, the servicemember shall be considered, for all purposes relating to the covered refinancing mortgage (including such inquiry or application and eligibility for, and compliance with, any underwriting criteria and standards regarding such covered refinancing mortgage) 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 such relocation. (b)

Limitation

Subsection (a) shall not apply with respect to a servicemember who inquires about or applies for a covered refinancing mortgage if, during the 5-year period preceding the date of such inquiry or application, the servicemember entered into a covered refinancing mortgage pursuant to this section. (c)

Definitions

In this section: (1)

Existing mortgage

The term existing mortgage means a mortgage that is secured by a 1- to 4-family residence, including a condominium or a share in a cooperative ownership housing association, that was the principal residence of a servicemember for a period that— (A)had a duration of 13 consecutive months or longer; and (B)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 unit, or as an individual in support of a military operation, for a period of not less than 18 months that did not allow the servicemember to continue to occupy such residence as a principal residence. (2)

Covered refinancing mortgage

The term covered refinancing mortgage means any mortgage that— (A)is made for the purpose of paying or prepaying, and extinguishing, the outstanding obligations under an existing mortgage or mortgages; and (B)is secured by the same residence that secured such existing mortgage or mortgages.

. (b)

Clerical amendment

The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 303 the following new item: 303A. Treatment of relocation of servicemembers for active duty for purposes of mortgage refinancing. .