39A-6-115. Mortgage foreclosures.

343 words·~2 min read·/ut/title-39a/chapter-6/39a-6-115

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

Effective 5/4/2022

(1)The creditor of a service member who entered into a mortgage contract with the service member or the service member's dependent for the purchase of real or personal property prior to the service member's entry into state military service may not foreclose on the mortgage or repossess the property for nonpayment or any breach occurring during the service member's state military service without an order from a court of competent jurisdiction.

(2)The court, upon an application under this section, may, unless the court finds on the record that the ability of the service member to comply with the terms of the mortgage is not materially affected by reason of the service member's state military service:

(a)order repayment of any prior installments or deposits as a condition of terminating the contract and resuming possession of the property;

(b)order a stay of the proceedings on the court's own motion, or on motion by the service member or another individual on the service member's behalf; or

(c)make any other disposition of the case as the court considers to be equitable to conserve the interests of all parties.

(3)In order to come within the provisions of this section, the service member or dependent shall establish the following:

(a)that relief is sought on an obligation secured by a mortgage, trust deed, or other security in the nature of a mortgage on either real or personal property;

(b)that the obligation originated prior to the service member's entry into state military service;

(c)that the property was owned by the service member or the service member's dependent prior to the commencement of state military service; and

(d)that the property is still owned by the service member or the service member's dependent at the time relief is sought.

(4)Any person who knowingly forecloses on property which is the subject of this section other than as provided in Subsection

(1)is guilty of a class B misdemeanor.

Renumbered and Amended by Chapter 373 , 2022 General Session