May 7, 2013
Susan Davis Joins Top Democrats in Introducing Military
Family Home Protection Act
WASHINGTON – Congresswoman Susan Davis (CA-53) joined top Democrats in the House to introduce H.R. 1842, the Military Family Home Protection Act. The bill would strengthen foreclosure protections for servicemembers and their families.
“One can only imagine what it must be like to learn that you are about to lose your home while you are deployed to protect America and our freedoms,” said Rep. Davis, Ranking Member of the Military Personnel Subcommittee. “In fact, because of the way the law is written now, I have been unable to help several active duty San Diegans with their mortgage issues because the Servicemembers Civil Relief Act simply doesn’t cover them. Our servicemembers face unique challenges that warrant flexibility in situations of foreclosure that this legislation provides. They should be honored for the sacrifices they make, not penalized.”
Since the Servicemembers Civil Relief Act (SCRA) applies to servicemembers who purchased homes prior to activation, not all servicemembers and their families have the same foreclosure protections. The Military Family Home Protection Act extends these protections to all servicemembers regardless of when they purchased their home.
The bill would delay home foreclosure action when a servicemember is receiving hostile fire or danger pay. Military personnel placed on convalescent status or veterans who are medically discharged would a 12-month deferral of a foreclosure. This would also apply to surviving spouses of servicemembers whose deaths are service-connected.
After reports of illegal foreclosures against members of the military, the bill doubles civil penalties for mortgage-related violations and prohibit banks from discriminating against servicemembers, veterans, and surviving spouses who are eligible for these protections.