OCC 2012-37 Servicemember Civil Relief Act Extension
Investor Update: On November 19, the Office of the Comptroller of the Currency (OCC) issued Bulletin OCC 2012-37, subtitled Extension of Time Period for Certain Protections.
On August 6, 2012, President Obama signed into law the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012, Pub. L. 112-154, 126 Stat. 1165 (2012). Section 710 of the act amended section 303 of the Servicemembers Civil Relief Act (SCRA), 50 USC app. 533.
SCRA section 303 addresses obligations secured by a mortgage, trust deed, or other security similar to a mortgage on real or personal property owned by a servicemember. The provision applies only to obligations that originated before the servicemember’s military service and for which the servicemember is still obligated. The recent amendment extended, on a temporary basis, the period during which certain SCRA protections apply.
Effective February 2, 20131 (180 days after enactment),
- a sale, foreclosure, or seizure of property based on a breach of such a secured obligation is not valid if made during the period of military service or within one year thereafter, unless it is made pursuant to a court order or a waiver by the servicemember; and
- a court may, on its own motion, and shall, upon application by a servicemember whose ability to comply with the obligation is materially affected by military service, stay the proceedings or adjust the obligation to preserve the interests of all parties at any time during the period of military service or within one year thereafter.
This extension ends December 31, 2014. Beginning January 1, 2015, there will be a period of 90 days after the end of the servicemember’s military service during which a foreclosure, sale, or seizure of the servicemember’s property based on a breach of a mortgage, trust deed, or other security, without a court order or waiver, will not be valid. During this period, a court may also stay proceedings enforcing such obligations.
For Further Information
If you have questions or comments regarding this bulletin, please contact the appropriate supervisory office; the Community and Consumer Law Division, (202) 874-5750; or the Compliance Policy Division, (202) 874-4428.
Grovetta N. Gardineer
Deputy Comptroller for Compliance Policy
1Until these revisions become effective, the protections afforded in SCRA section 303 continue to extend nine months after the end of a servicemember’s military service.
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About Safeguard
Safeguard Properties is the largest privately held field services company in the country. Located in Cleveland, Ohio and founded in 1990 by Robert Klein, Safeguard has grown from a regional preservation company with a few employees and a handful of contractors performing services in the Midwest, to a national company with more than 1,600 employees. Safeguard is supported by a nationwide network of subcontractors able to perform any requested superintendence, preservation, and maintenance functions, as well as numerous ancillary services in the U.S., the Virgin Islands, and Puerto Rico.
On November 19, the Office of the Comptroller of the Currency (OCC) issued Bulletin OCC 2012-37, subtitled Extension of Time Period for Certain Protections.