House File 251 - Introduced



                                       HOUSE FILE       
                                       BY  MAREK


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to mortgage foreclosure and real estate
  2    obligation protections for members of the reserve military
  3    forces.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2188HH 83
  6 rn/rj/5

PAG LIN



  1  1    Section 1.  Section 29A.103, Code 2009, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  3A.  For purposes of this section, and
  1  4 section 29A.104, subsection 2, paragraph "a", "service member"
  1  5 includes a member of the organized reserves called to active
  1  6 duty from a reserve component status performing military
  1  7 service.
  1  8                           EXPLANATION
  1  9    This bill expands provisions affording protection from
  1 10 mortgage foreclosure and relief from real estate=related
  1 11 obligations, currently available to national guard members, to
  1 12 individuals called to active duty from a reserve component
  1 13 status.
  1 14    Current law affords court=ordered protection against a
  1 15 foreclosure action initiated by a creditor against a service
  1 16 member, as defined in Code section 29A.90, and provides a
  1 17 mechanism whereby a service member may apply to a court for
  1 18 relief from obligations relating to a contract for the
  1 19 purchase of real estate or secured by a mortgage or other
  1 20 instrument in the nature of a mortgage.  Code section 29A.90
  1 21 defines a "service member" as a member of the military forces
  1 22 of the state performing military service.  The Code section
  1 23 further defines "military service" as referring to "full=time
  1 24 state military service" or "state active duty" as those terms
  1 25 are defined in Code section 29A.1 and applied to members of
  1 26 the Iowa national guard or Iowa air national guard.  The bill
  1 27 expands the definition of "service member" to include a member
  1 28 of the organized reserves called to active duty from a reserve
  1 29 component status performing military service as defined in
  1 30 Code section 29A.90 and otherwise applicable to members of the
  1 31 Iowa national guard or Iowa air national guard.
  1 32 LSB 2188HH 83
  1 33 rn/rj/5