North Carolina 2023-2024 Regular Session

North Carolina House Bill H469

Introduced
3/23/23  
Refer
3/27/23  
Report Pass
4/5/23  
Refer
4/5/23  
Report Pass
4/18/23  
Engrossed
4/20/23  

Caption

Foreclosures/Extend Servicemember Protections

Impact

The legislation builds upon the existing protections outlined in the Servicemembers Civil Relief Act by ensuring that any foreclosures related to mortgage or deeds of trust are delayed for a significant period. This impacts state laws concerning foreclosure proceedings and reflects an understanding of the unique challenges faced by servicemembers who may not be able to manage their affairs effectively while deployed. By delaying foreclosure actions, the bill seeks to prevent unintended consequences during difficult circumstances, like deployment or active duty, where servicemembers may be unable to defend against foreclosure.

Summary

House Bill 469 aims to enhance protections for servicemembers facing real estate foreclosures. The bill extends the period during which mortgagees, trustees, or other creditors are barred from exercising power of sale on properties owned by servicemembers. Specifically, it prohibits such actions during or within 365 days after a servicemember's period of military service, providing a longer duration of security as compared to previous legislation. The intent is to safeguard active duty military personnel from losing their homes during times of service, thereby offering them peace of mind while they serve their country.

Sentiment

The general sentiment surrounding HB 469 appears to be overwhelmingly positive, driven by a sense of duty to support servicemembers in their unique situations. Lawmakers have emphasized the importance of providing adequate protections for those serving in the military, and discussions reflected a bipartisan agreement on the necessity of this type of legislation. The bill has garnered support from various advocacy groups focused on veteran and military family issues, which reinforces its perception as a step in the right direction towards improving conditions for those in service.

Contention

While the bill has received broad support, some voices within the discussions raised concerns regarding the implications of extending foreclosures protections. Critics argue that providing lengthy delays could potentially impact lenders and the housing market dynamics, suggesting that a balance must be struck between protecting servicemembers and ensuring lender rights. However, these concerns were largely overshadowed by the prevailing sentiment of support for servicemembers' welfare, indicating a commitment to prioritize their protections above all.

Companion Bills

No companion bills found.

Previously Filed As

NC S167

Creates New Jersey Servicemembers' Civil Relief Act.

NC S2414

Creates New Jersey Servicemembers' Civil Relief Act.

NC A753

Creates New Jersey Servicemembers' Civil Relief Act.

NC A1751

Creates New Jersey Servicemembers' Civil Relief Act.

NC H7964

Allows for sending of the notice under power of sale and rights of active military servicemembers by USPS First Class Mail and/or an overnight delivery service, instead of by USPS certified mail return receipt requested.

NC AB2424

Mortgages: foreclosure.

NC HB6573

Protecting Military Servicemembers' Data Act of 2023

NC SB00162

An Act Extending The Foreclosure Mediation Program.

NC HB635

Relating to a grace period to cure a default before foreclosure of certain contract liens on the residence of certain surviving spouses of military servicemembers and to the eligibility of the surviving spouse of a disabled veteran to pay ad valorem taxes imposed on a residence homestead in installments.

NC SB00823

An Act Extending The Foreclosure Mediation Program Until June 30, 2023.

Similar Bills

CA SB614

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CA AB481

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TX HB3841

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CA AB361

Military Department: support programs.

NJ AJR198

Designates April 14 of each year as "Military Child Appreciation Day" in NJ.

NJ SJR106

Designates April 14 of each year as "Military Child Appreciation Day" in NJ.

NJ SJR74

Designates month of April of each year as "Military Child Appreciation Month" in NJ; designates last full week of April of each year as "Military Child Appreciation Week" in NJ.

NJ AJR109

Designates month of April of each year as "Military Child Appreciation Month" in NJ; designates last full week of April of each year as "Military Child Appreciation Week" in NJ.