50 U.S.C. § 3953

Mortgages and trust deeds

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(a) Mortgage as securityThis 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 obligationIn 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 foreclosureA 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) if made pursuant to an agreement as provided in section 3918 of this title.(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, title III, § 303, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2847; amended Pub. L. 110–289, div. B, title II, § 2203(a), July 30, 2008, 122 Stat. 2849; Pub. L. 111–275, title III, § 303(b)(4), Oct. 13, 2010, 124 Stat. 2878; Pub. L. 112–154, title VII, § 710(a), (b), (d)(3), Aug. 6, 2012, 126 Stat. 1208; Pub. L. 115–174, title III, § 313, May 24, 2018, 132 Stat. 1356.)Editorial NotesCodification

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

A prior section 303 of act Oct. 17, 1940, ch. 888, art. III, as added Oct. 6, 1942, ch. 581, § 12, 56 Stat. 772, 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 Pub. L. 108–189. See section 3954 of this title.

Another prior section 303 of act Oct. 17, 1940, ch. 888, art. III, 54 Stat. 1183, 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 act Oct. 6, 1942, ch. 581, § 11, 56 Stat. 772.

Amendments

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 L. 115–174 repealed Pub.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

2012—Subsecs. (b), (c). Pub. L. 112–154, § 710(d)(3), as amended, which would have revived the provisions of subsecs. (b) and (c) as in effect on July 29, 2008, was repealed by Pub. L. 115–174, § 313.

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

2010—Subsec. (d). Pub. L. 111–275 amended subsec. (d) generally. Prior to amendment, subsec. (d) related to penalties.

2008—Subsecs. (b), (c). Pub. L. 110–289 substituted “9 months” for “90 days” in introductory provisions.

Statutory Notes and Related SubsidiariesEffective and Termination Dates of 2012 Amendment; Revival

Pub. L. 112–154, title VII, § 710(c), Aug. 6, 2012, 126 Stat. 1208, provided that: “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 [Aug. 6, 2012].”

Pub. L. 112–154, title VII, § 710(d)(1), Aug. 6, 2012, 126 Stat. 1208, as amended by Pub. L. 113–286, § 2(1), Dec. 18, 2014, 128 Stat. 3093; Pub. L. 114–142, § 2(1), Mar. 31, 2016, 130 Stat. 326; Pub. L. 115–91, div. A, title V, § 557(1), Dec. 12, 2017, 131 Stat. 1405, which provided that the amendments made by subsecs. (a) and (b) of section 710 of Pub. L. 112–154 (amending this section) would expire on Dec. 31, 2019, was repealed by Pub. L. 115–174, title III, § 313, May 24, 2018, 132 Stat. 1356.

Pub. L. 112–154, title VII, § 710(d)(3), Aug. 6, 2012, 126 Stat. 1208, as amended by Pub. L. 113–286, § 2(2), Dec. 18, 2014, 128 Stat. 3093; Pub. L. 114–142, § 2(2), Mar. 31, 2016, 130 Stat. 326; Pub. L. 115–91, div. A, title V, § 557(2), Dec. 12, 2017, 131 Stat. 1405, which provided that, effective Jan. 1, 2020, the provisions of subsecs. (b) and (c) of this section, as in effect on July 29, 2008, would be revived, was repealed by Pub. L. 115–174, title III, § 313, May 24, 2018, 132 Stat. 1356.

Effective Date of 2008 Amendment

Pub. L. 110–289, div. B, title II, § 2203(c), July 30, 2008, 122 Stat. 2850, as amended by Pub. L. 111–346, § 2, Dec. 29, 2010, 124 Stat. 3622; Pub. L. 112–154, title VII, § 710(d)(2), Aug. 6, 2012, 126 Stat. 1208, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [July 30, 2008].”

Effective Date

Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.

Notes of Decisions

Cited in 21 cases (10 in the last 5 years), 2016–2026 · leading case: Heejoon Chung v. U.S. Bank, N.A., 250 F. Supp. 3d 658 (D. Haw. 2017).

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Heejoon Chung v. U.S. Bank, N.A., 250 F. Supp. 3d 658 (D. Haw. 2017). · cites it 5× “In fact, another section of the SCRA, 50 U.S.C. § 3953 , which is discussed herein, appears to cover non-judicial foreclosures.”

Richard Sibert v. Wells Fargo Bank, N.A., 863 F.3d 331 (4th Cir. 2017). · cites it 17× “” 50 U.S.C. § 3953 (a); see id. § 3953(c). The district court granted summary judgment to Wells Fargo, concluding that, because Sibert incurred his mortgage obligation during his service in the Navy, the obligation was not subject to SCRA protection.”

Wells Fargo Bank, Na v. Mahogany Meadows Avenue Trust, 979 F.3d 1209 (9th Cir. 2020). · cites it 2× “Wells Fargo moved for reconsideration, arguing for the first time that because Carrasco was an active-duty member of the Army Reserve, the foreclosure sale violated the Servicemembers Civil Relief Act, 50 U.S.C. § 3953 . The district court denied reconsideration because Wells…”

Jacob McGreevey v. Phh Mortg. Corp., 897 F.3d 1037 (9th Cir. 2018). · cites it 3× “3 1 50 U.S.C. § 3953 (c). 2 50 U.S.C. §§ 3901–4043.”

Mayotte v. U.S. Bank Nat'l Ass'n, 880 F.3d 1169 (10th Cir. 2018). “This requirement of judicial involvement was originally enacted to assist in the determination of the military status of debtors, in compliance with what is now called the Servicemembers Civil Relief Act,' 50 U.S.C. § 3953 , which protects service members from secured creditors.”

Farrin v. Nationstar Mortg. LLC, 2016 DNH 178 (D.N.H. 2016). “(quoting 50 U.S.C. § 3953 (c)). 4 Farrin other correspondence about contact information at Nationstar, insurance on the property, foreclosure options, tax statements, and notices about the SCRA.”

Ruman v. Jpmorgan Chase Bank, Nat'l Ass'n, 369 F. Supp. 3d 748 (W.D. Tex. 2018). · cites it 3× “er Rule 12(b)(1) (docket # 19); (4) Defendant Mortgage Contracting Services, LLC's Motion to Dismiss Pursuant to Rule 12(b)(1) (docket # 24); (5) Plaintiff's Response and Opposition to Rule 12(B)(1) Motion to Dismiss Filed by Mortgage Contracting Services, LLC (docket # 26); and…”

Blue Castle (Cayman) Ltd. v. Yee (E.D.N.Y 2025). · cites it 3× “§ 3931 ), Plaintiff inexplicably argues 50 U.S.C. § 3953 (a) renders 50 U.S.C. § 3931 obsolete.”

Joyce M. Griggs v. Gregory D. Miller, of Est. of John Henry Miller (Ga. Ct. App. 2022). · cites it 2× “While the Act generally prevents foreclosures “made during, or within one year after, the period of [a] servicemember’s military service[,]” 50 USC § 3953 (c), it permits such foreclosures upon court order.”

Logue v. Wells Fargo Bank (5th Cir. 2022). · cites it 2× “2 50 U.S.C. § 3953 . 3 Id. § 3953 (a) (emphasis added).”

Ditech Holding Corp. (Bankr. S.D.N.Y. 2025). · cites it 2× “” 50 U.S.C. § 3953 (c)(1). The SCRA does not offer complete and impenetrable protection against foreclosure; rather it “requires a lender to obtain a court order before foreclosing on or selling property owned by a current or recent servicemember .”

Joseph Llewellyn Worrell v. Emigrant Mortg. Co. (11th Cir. 2019). “§ 362 , or under the Servicemembers Civil Relief Act, 50 U.S.C. § 3953 , “because a stay was not in effect at the time of the foreclosure sale” of Worrell’s home.”

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