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