To amend the Servicemembers Civil Relief Act to provide for a one-year moratorium on the sale or foreclosure of property owned by surviving spouses of servicemembers killed in Operation Iraqi Freedom or Operation Enduring Freedom.

Amends the Servicemembers Civil Relief Act to prohibit the sale, foreclosure, or seizure of property owned by the surviving spouse of a servicemember killed on active duty in Operation Iraqi Freedom or Enduring Freedom during the one-year period following the servicemember's death.

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4664 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4664

To amend the Servicemembers Civil Relief Act to provide for a one-year 
 moratorium on the sale or foreclosure of property owned by surviving 
    spouses of servicemembers killed in Operation Iraqi Freedom or 
                      Operation Enduring Freedom.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 23, 2010

 Mr. Kratovil introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To amend the Servicemembers Civil Relief Act to provide for a one-year 
 moratorium on the sale or foreclosure of property owned by surviving 
    spouses of servicemembers killed in Operation Iraqi Freedom or 
                      Operation Enduring Freedom.

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

SECTION 1. ONE-YEAR MORATORIUM ON SALE OR FORECLOSURE OF PROPERTY OWNED 
              BY SURVIVING SPOUSES OF SERVICEMEMBERS KILLED IN 
              OPERATION IRAQI FREEDOM OR OPERATION ENDURING FREEDOM.

    (a) Moratorium.--Section 303 of the Servicemembers Civil Relief Act 
(50 U.S.C. App. 533) is amended--
            (1) by redesignating subsection (d) as subsection (e);
            (2) by inserting after subsection (c) the following new 
        subsection (d):
    ``(d) Death of Servicemember.--
            ``(1) Sale or foreclosure.--In the case of the surviving 
        spouse of a servicemember described in paragraph (2) who has an 
        obligation described in subsection (a), a sale, foreclosure, or 
        seizure of property for a breach of such an obligation shall 
        not be valid if made during the one-year period beginning on 
        the date of the servicemember's death 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) Eligible servicemembers.--A servicemember described 
        in this paragraph is a servicemember who dies while serving on 
        active duty in support of Operation Iraqi Freedom or Operation 
        Enduring Freedom.''; and
            (3) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                inserting after ``servicemember'' the following: ``, or 
                for purposes of subsection (d), the surviving spouse of 
                a servicemember described in paragraph (2) of that 
                subsection,''; and
                    (B) in paragraph (1), by inserting after 
                ``servicemember'' the following: ``, or for purposes of 
                subsection (d), the surviving spouse of a servicemember 
                described in paragraph (2) of that subsection,''.
    (b) Effective Date.--The amendments made by subsection (a), shall 
apply with respect to deaths occurring on or after the date of the 
enactment of this Act.
                                 <all>