Sec. 806. Protection of surviving spouse with respect to mortgage foreclosure
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/bill/113/s/1982/rts/section-806·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Title III of the Servicemembers Civil Relief Act (50 U.S.C. App. 531 et seq.) is amended by inserting after section 303 ( 50 U.S.C. App. 533 ) the following new section: Subject to subsection (b), with respect to a servicemember who dies while in military service and who has a surviving spouse who is the servicemember's successor in interest to property covered under section 303(a), section 303 shall apply to the surviving spouse with respect to that property during the one-year period beginning on the date of such death in the same manner as if the servicemember had not died.
To be covered under this section with respect to property, a surviving spouse shall submit written notice that such surviving spouse is so covered to the mortgagee, trustee, or other creditor of the mortgage, trust deed, or other security in the nature of a mortgage with which the property is secured. Notice provided under paragraph
(1)shall be provided with respect to a surviving spouse anytime during the one-year period beginning on the date of death of the servicemember with respect to whom the surviving spouse is to receive coverage under this section. Notice provided under paragraph
(1)with respect to property shall be provided via e-mail, facsimile, standard post, or express mail to facsimile numbers and addresses, as the case may be, designated by the servicer of the mortgage, trust deed, or other security in the nature of a mortgage with which the property is secured. Notice provided under paragraph
(1)shall be provided in writing by using a form designed under paragraph
(5)or submitting a copy of a Department of Defense or Department of Veterans Affairs document evidencing the military service-related death of a spouse while in military service. The Secretary of Defense shall design and distribute an official Department of Defense form that can be used by an individual to give notice under paragraph (1). . Section 303A of such Act, as added by subsection (a), shall apply with respect to deaths that occur on or after the date of the enactment of this Act. The table of contents in section 1(b) of such Act ( 50 U.S.C. App. 501 ) is amended by inserting after the item relating to section 303 the following new item: Sec. 303A. Protection of surviving spouse with respect to mortgage foreclosure. .