[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2981 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2981

  To amend the Servicemembers Civil Relief Act to provide a one-year 
period of protection against mortgage foreclosures for certain disabled 
      or severely injured servicemembers, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 6, 2008

Mr. Casey (for himself and Mr. Isakson) 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 provide a one-year 
period of protection against mortgage foreclosures for certain disabled 
      or severely injured servicemembers, 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 ``Disabled Veterans Home Ownership 
Preservation Act of 2008''.

SEC. 2. EXPANDED PERIOD OF PROTECTION AGAINST MORTGAGE FORECLOSURES FOR 
              CERTAIN DISABLED OR SEVERELY INJURED SERVICEMEMBERS.

    (a) Expanded Period of Protection.--Section 303 of the 
Servicemembers Civil Relief Act (50 U.S.C. App. 533) is amended--
            (1) by striking subsection (c) and inserting the following 
        new subsection (c):
    ``(c) Sale or Foreclosure.--
            ``(1) In general.--A sale, foreclosure, or seizure of 
        property for a breach of an obligation described in subsection 
        (a) shall not be valid if made during the period applicable to 
        a servicemember as specified in paragraph (2) except--
                    ``(A) upon a court order granted before such sale, 
                foreclosure, or seizure with a return made and approved 
                by the court; or
                    ``(B) if made pursuant to an agreement as provided 
                in section 107.
            ``(2) Applicable periods.--The period applicable to a 
        servicemember under paragraph (1) is the appropriate period as 
        follows:
                    ``(A) In the case of a servicemember who incurs a 
                serious injury or illness during the period of the 
                servicemember's military service, during the period of 
                the servicemember's military service and within one 
                year after.
                    ``(B) In the case of an individual (including a 
                servicemember otherwise covered by subparagraph (A)), 
                who, within one year after the individual's period of 
                military service as a servicemember, files a claim with 
                the Secretary of Veterans Affairs for disability 
                compensation under title 38, United States Code, during 
                the period of the individual's military service as a 
                servicemember and until 30 days after the date of the 
                final adjudication of such claim (including any review 
                or appeal of such claim if applicable).
                    ``(C) In the case of any other servicemember, 
                during the period of the servicemember's military 
                service and within 90 days after.''; and
            (2) by adding at the end the following new subsection:
    ``(e) Serious Injury or Illness Defined.--In this section, the term 
`serious injury or illness', in the case of a servicemember, means an 
injury or illness incurred by the servicemember in line of duty on duty 
as described in section 101(2)(A) that may render the servicemember 
medically unfit to perform the duties of the servicemember's office, 
grade, rank, or rating.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act, and shall apply 
to any sale, foreclosure, or seizure or property that occurs on or 
after that date.
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