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Mortgage Servicing and Loan Modifications: Appendix H—Closed-End Forms and Clauses

1. Models H-1 and H-2.

i. Creditors may make several types of changes to closed-end model forms H-1 (credit sale) and H-2 (loan) and still be deemed to be in compliance with the regulation, provided that the required disclosures are made clearly and conspicuously. Permissible changes include the addition of the information permitted by § 1026.17(a)(1) and “directly related” information as set forth in the commentary to § 1026.17(a).

Mortgage Servicing and Loan Modifications: Amendment History

[66 Fed. Reg. 65,620 (Dec. 20, 2001); 74 Fed. Reg. 41,256 (Aug. 14, 2009); 75 Fed. Reg. 58,488 (Sept. 24, 2010); 76 Fed. Reg. 79,772 (Dec. 22, 2011); 78 Fed. Reg. 10,444 (Feb. 13, 2013); 78 Fed. Reg. 10902 (Feb. 14, 2013); 78 Fed. Reg. 69,753 (Nov. 21, 2013); 78 Fed. Reg. 70,196 (Nov. 25, 2013); 78 Fed. Reg. 76,033 (Dec. 16, 2013); 78 Fed. Reg. 78,585 (Dec. 26, 2013); 78 Fed. Reg. 79,286 (Dec. 30, 2013); 78 Fed. Reg. 79,730 (Dec. 31, 2013); 79 Fed. Reg. 48,015 (Aug. 15, 2014); 79 Fed. Reg. 56,483 (Sept. 22, 2014); 79 Fed. Reg. 65,300 (Nov. 3, 2014); 79 Fed. Reg. 77,855 (Dec.

Mortgage Servicing and Loan Modifications: 50 U.S.C. § 3911. Definitions

For the purposes of this Act [sections 3901 to 3915 and 3917 to 4043 of this Appendix]:

(1) Servicemember. The term “servicemember” means a member of the uniformed services, as that term is defined in section 101(a)(5) of title 10, United States Code.

(2) Military service. The term “military service” means—

Mortgage Servicing and Loan Modifications: 50 U.S.C. § 3913. Protection of persons secondarily liable

(a) Extension of protection when actions stayed, postponed, or suspended. Whenever pursuant to this Act [sections 3901 to 3915 and 3917 to 4043 of this Appendix] a court stays, postpones, or suspends (1) the enforcement of an obligation or liability, (2) the prosecution of a suit or proceeding, (3) the entry or enforcement of an order, writ, judgment, or decree, or (4) the performance of any other act, the court may likewise grant such a stay, postponement, or suspension to a surety, guarantor, endorser, accommodation maker, comaker, or other person wh

Mortgage Servicing and Loan Modifications: 50 U.S.C. § 3914. Extension of protections to citizens serving with allied forces

A citizen of the United States who is serving with the forces of a nation with which the United States is allied in the prosecution of a war or military action is entitled to the relief and protections provided under this Act [sections 3901 to 3915 and 3917 to 4043 of this Appendix] if that service with the allied force is similar to military service as defined in this Act [sections 3901 to 3915 and 3917 to 4043 of this Appendix]. The relief and protections provided to such citizen shall terminate on the date of discharge or release from such service.

Mortgage Servicing and Loan Modifications: 50 U.S.C. § 3917. Extension of rights and protections to reserves ordered to report for military service and to persons ordered to report for induction

(a) Reserves ordered to report for military service. A member of a reserve component who is ordered to report for military service is entitled to the rights and protections of this title and titles II and III [of this Appendix] during the period beginning on the date of the member’s receipt of the order and ending on the date on which the member reports for military service (or, if the order is revoked before the member so reports, or the date on which the order is revoked).

Mortgage Servicing and Loan Modifications: 50 U.S.C. § 3919. Exercise of rights under Act not to affect certain future financial transactions

Application by a servicemember for, or receipt by a servicemember of, a stay, postponement, or suspension pursuant to this Act [sections 3901 to 3915 and 3917 to 4043 of this Appendix] in the payment of a tax, fine, penalty, insurance premium, or other civil obligation or liability of that servicemember shall not itself (without regard to other considerations) provide the basis for any of the following:

Mortgage Servicing and Loan Modifications: 50 U.S.C. § 3931. Protection of servicemembers against default judgments

(a) Applicability of section. This section applies to any civil action or proceeding, including any child custody proceeding, in which the defendant does not make an appearance.

(b) Affidavit requirement.

(1) Plaintiff to file affidavit. In any action or proceeding covered by this section, the court, before entering judgment for the plaintiff, shall require the plaintiff to file with the court an affidavit—

Mortgage Servicing and Loan Modifications: 50 U.S.C. § 3932. Stay of proceedings when servicemember has notice

(a) Applicability of section. This section applies to any civil action or proceeding, including any child custody proceeding, in which the plaintiff or defendant at the time of filing an application under this section—

(1) is in military service or is within 90 days after termination of or release from military service; and

(2) has received notice of the action or proceeding.

(b) Stay of proceedings.

Mortgage Servicing and Loan Modifications: 50 U.S.C. § 3935. Duration and term of stays; codefendants not in service

(a) Period of stay. A stay of an action, proceeding, attachment, or execution made pursuant to the provisions of this Act [sections 3901 to 3915 and 3917 to 4043 of this Appendix] by a court may be ordered for the period of military service and 90 days thereafter, or for any part of that period. The court may set the terms and amounts for such installment payments as is considered reasonable by the court.

Mortgage Servicing and Loan Modifications: 50 U.S.C. § 3936. Statute of limitations

(a) Tolling of statutes of limitation during military service. The period of a servicemember’s military service may not be included in computing any period limited by law, regulation, or order for the bringing of any action or proceeding in a court, or in any board, bureau, commission, department, or other agency of a State (or political subdivision of a State) or the United States by or against the servicemember or the servicemember’s heirs, executors, administrators, or assigns.

Mortgage Servicing and Loan Modifications: 50 U.S.C. § 3951. Evictions and distress

(a) Court-ordered eviction.

(1) In general. Except by court order, a landlord (or another person with paramount title) may not—

(A) evict a servicemember, or the dependents of a servicemember, during a period of military service of the servicemember, from premises—

(i) that are occupied or intended to be occupied primarily as a residence; and