US Code

Public Law 119-83 (04/13/2026)

50 U.S.C. § 3953

Mortgages and trust deeds

(a)

Mortgage as security

This section applies only to an obligation on real or personal property owned by a servicemember that—
(1)
originated before the period of the servicemember’s military service and for which the servicemember is still obligated; and
(2)
is secured by a mortgage, trust deed, or other security in the nature of a mortgage.
(b)

Stay of proceedings and adjustment of obligation

In an action filed during, or within one year after, a servicemember’s period of military service to enforce an obligation described in subsection (a), the court may after a hearing and on its own motion and shall upon application by a servicemember when the servicemember’s ability to comply with the obligation is materially affected by military service—
(1)
stay the proceedings for a period of time as justice and equity require, or
(2)
adjust the obligation to preserve the interests of all parties.
(c)

Sale or foreclosure

A sale, foreclosure, or seizure of property for a breach of an obligation described in subsection (a) shall not be valid if made during, or within one year after, the period of the servicemember’s military service except—
(1)
upon a court order granted before such sale, foreclosure, or seizure with a return made and approved by the court; or
(2)
section 3918 of this title if made pursuant to an agreement as provided in .
(d)

Misdemeanor

A person who knowingly makes or causes to be made a sale, foreclosure, or seizure of property that is prohibited by subsection (c), or who knowingly attempts to do so, shall be fined as provided in title 18, or imprisoned for not more than one year, or both.

Oct. 17, 1940, ch. 888 Pub. L. 108–189, § 1117 Stat. 2847 Pub. L. 110–289, div. B, title II, § 2203(a)122 Stat. 2849 Pub. L. 111–275, title III, § 303(b)(4)124 Stat. 2878 Pub. L. 112–154, title VII, § 710(a)126 Stat. 1208 Pub. L. 115–174, title III, § 313132 Stat. 1356 (, title III, § 303, as added , , ; amended , , ; , , ; , (b), (d)(3), , ; , , .)

Editorial Notes

Codification

Section was formerly classified to section 533 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

act Oct. 17, 1940, ch. 888 Oct. 6, 1942, ch. 581, § 12 56 Stat. 772 Pub. L. 108–189section 3954 of this titleA prior section 303 of , art. III, as added , , related to settlement of cases involving stayed proceedings to foreclose mortgage on, resume possession of, or terminate contract for purchase of, personal property, prior to the general amendment of this Act by . See .

act Oct. 17, 1940, ch. 888 54 Stat. 1183 act Oct. 6, 1942, ch. 581, § 11 56 Stat. 772 Another prior section 303 of , art. III, , related to stay of action to resume possession of motor vehicle, tractor, or their accessories, encumbered by purchase money mortgage, conditional sales contract, etc., prior to repeal by , .

Amendments

Pub. L. 115–174Pub. L. 112–154, § 710(d)(1)2018—Subsecs. (b), (c). repealed , (3). See 2012 Amendment notes below.

Pub. L. 112–154, § 710(d)(3)Pub. L. 115–174, § 3132012—Subsecs. (b), (c). , as amended, which would have revived the provisions of subsecs. (b) and (c) as in effect on , was repealed by .

Pub. L. 112–154, § 710(a), (b), substituted “within one year” for “within 9 months” in introductory provisions.

Pub. L. 111–2752010—Subsec. (d). amended subsec. (d) generally. Prior to amendment, subsec. (d) related to penalties.

Pub. L. 110–2892008—Subsecs. (b), (c). substituted “9 months” for “90 days” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective and Termination Dates of 2012 Amendment; Revival

Pub. L. 112–154, title VII, § 710(c)126 Stat. 1208

“The amendments made by subsections (a) and (b) [amending this section] shall take effect on the date that is 180 days after the date of the enactment of this Act [].”
, , , provided that:

Pub. L. 112–154, title VII, § 710(d)(1)126 Stat. 1208 Pub. L. 113–286, § 2(1)128 Stat. 3093 Pub. L. 114–142, § 2(1)130 Stat. 326 Pub. L. 115–91, div. A, title V, § 557(1)131 Stat. 1405 section 710 of Pub. L. 112–154Pub. L. 115–174, title III, § 313132 Stat. 1356 , , , as amended by , , ; , , ; , , , which provided that the amendments made by subsecs. (a) and (b) of (amending this section) would expire on , was repealed by , , .

Pub. L. 112–154, title VII, § 710(d)(3)126 Stat. 1208 Pub. L. 113–286, § 2(2)128 Stat. 3093 Pub. L. 114–142, § 2(2)130 Stat. 326 Pub. L. 115–91, div. A, title V, § 557(2)131 Stat. 1405 Pub. L. 115–174, title III, § 313132 Stat. 1356 , , , as amended by , , ; , , ; , , , which provided that, effective , the provisions of subsecs. (b) and (c) of this section, as in effect on , would be revived, was repealed by , , .

Effective Date of 2008 Amendment

Pub. L. 110–289, div. B, title II, § 2203(c)122 Stat. 2850 Pub. L. 111–346, § 2124 Stat. 3622 Pub. L. 112–154, title VII, § 710(d)(2)126 Stat. 1208

“The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [].”
, , , as amended by , , ; , , , provided that:

Effective Date

section 3 of Pub. L. 108–189section 3901 of this titleSection applicable to any case not final before , see , set out as a note under .