Protecting Servicemembers from Mortgage Abuses Act of 2011

Protecting Servicemembers from Mortgage Abuses Act of 2011 - Amends the Servicemembers Civil Relief Act to extend from 9 months to 24 months after military service the period of protection for a servicemember against mortgage sale or foreclosure, as well as the stay of proceedings, in the case of an obligation on real property of a servicemember that originated before the period of military service.

Repeals the sunset date for such periods of relief under the Housing and Economic Recovery Act of 2008.

Increases criminal and civil penalties for mortgage abuses, including felonies for unlawful eviction or distress or for unlawful sale, foreclosure, or seizure.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1566 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1566

To amend the Servicemembers Civil Relief Act to enhance protections for 
   members of the uniformed services relating to mortgages, mortgage 
           foreclosure, and eviction, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 14, 2011

   Mr. Walz of Minnesota (for himself, Mr. Michaud, and Mr. Kissell) 
 introduced the following bill; which was referred to the Committee on 
 Veterans' Affairs, and in addition to the Committee on the Judiciary, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Servicemembers Civil Relief Act to enhance protections for 
   members of the uniformed services relating to mortgages, mortgage 
           foreclosure, and eviction, 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 ``Protecting Servicemembers from 
Mortgage Abuses Act of 2011''.

SEC. 2. ENHANCED PROTECTIONS FOR MEMBERS OF UNIFORMED SERVICES RELATING 
              TO MORTGAGES, MORTGAGE FORECLOSURE, AND EVICTION.

    (a) Extended Period of Protections.--
            (1) Stay of proceedings and period of adjustment of 
        obligations relating to real or personal property.--Section 
        303(b) of the Servicemembers Civil Relief Act (50 U.S.C. App. 
        533(b)) is amended by striking ``within 9 months'' and 
        inserting ``within 24 months''.
            (2) Period of relief from sale, foreclosure, or seizure.--
        Section 303(c) of such Act (50 U.S.C. App. 533(c)) is amended 
        by striking ``within 9 months'' and inserting ``within 24 
        months''.
            (3) Repeal of sunset.--Subsection (c) of section 2203 of 
        the Housing and Economic Recovery Act of 2008 (Public Law 110-
        289; 50 U.S.C. App. 533 note) is amended to read as follows:
    ``(c) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act.''.
    (b) Increased Criminal Penalties.--
            (1) Felony for unlawful eviction or distress.--
                    (A) In general.--Subsection (c) of section 301 of 
                the Servicemembers Civil Relief Act (50 U.S.C. App. 
                531(c)) is amended by striking ``not more than one 
                year'' and inserting ``not more than two years''.
                    (B) Clerical amendment.--The heading of such 
                subsection is amended by striking ``Misdemeanor'' and 
                inserting ``Felony''.
            (2) Felony for unlawful sale, foreclosure, or seizure.--
                    (A) In general.--Subsection (d) of section 303 of 
                such Act (50 U.S.C. App. 533(d)) is amended by striking 
                ``not more than one year'' and inserting ``not more 
                than two years''.
                    (B) Clerical amendment.--The heading of such 
                subsection is amended by striking ``Misdemeanor'' and 
                inserting ``Felony''.
            (3) Review of federal sentencing guidelines.--Pursuant to 
        the authority under section 994 of title 28, United States 
        Code, the United States Sentencing Commission shall review the 
        Federal Sentencing Guidelines and policy statements applicable 
        to offenses under section 301(c) and 303(d) of the 
        Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) to 
        reflect the amendments made by paragraphs (1) and (2).
    (c) Increased Civil Penalties Generally.--Section 801(b)(3) of such 
Act (50 U.S.C. App. 597(b)(3)) is amended--
            (1) in subparagraph (A), by striking ``$55,000'' and 
        inserting ``$110,000''; and
            (2) in subparagraph (B), by striking ``$110,000'' and 
        inserting ``$220,000''.
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