§657D-23 Mortgages, trust deeds, and other securities.

327 words·~1 min read·/hi/657d-23

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)This section applies solely to obligations secured by mortgage, trust deed, or other security in the nature of a mortgage upon real or personal property owned by a person in military service before or at the commencement of the period of the military service and still owned by the person.

(b)In any proceeding commenced in any court during the period of military service to enforce that obligation arising out of nonpayment of any sum due or out of any other breach of the terms occurring prior to or during the period of the person's military service, the court may, after hearing and on its own motion, or shall, on application to it by the person in military service or some person on behalf of the person in military service, unless in the opinion of the court the ability of the defendant to comply with the terms of the obligation is not materially affected by reason of the defendant's military service:

(1)Stay the proceedings as provided in this chapter; or

(2)Make such other disposition of the case as may be equitable to conserve the interests of all parties.

(c)No sale, foreclosure, or seizure of property for nonpayment of any sum due under any such obligation, or for any other breach of the terms thereof, whether under a power of sale, under a judgment entered upon warrant of attorney to confess judgment contained therein, shall be valid if made during the period of military service or within one year thereafter, except pursuant to an agreement as provided in section 657D-6, unless upon an order previously granted by the court and a return thereto made and approved by the court.

Any person who knowingly makes, attempts, or causes to be made any such sale, foreclosure, or seizure of property, shall be guilty of a misdemeanor. [L 1994, c 257, pt of §2; am L 2019, c 77, §5]