SECTIONS 800-812

800.  (a) Subject to subdivision (b), in addition to any otherbenefits provided by law and to the extent permitted by federal law,any member of the United States Military Reserve or the NationalGuard of this state who is called to active duty after the enactmentof this chapter as a part of the Iraq and Afghanistan conflicts maydefer payments on any of the following obligations while serving onactive duty: (1) An obligation secured by a mortgage or deed of trust. (2) Credit card as defined in Section 1747.02 of the Civil Code. (3) Retail installment contract as defined in Section 1802.6 ofthe Civil Code. (4) Retail installment account, installment account, or revolvingaccount as defined in Section 1802.7 of the Civil Code. (5) Up to two vehicle loans. For purposes of this chapter,"vehicle" means a vehicle as defined in Section 670 of the VehicleCode. (6) Any payment of property tax or any special assessment ofin-lieu property tax imposed on real property which is assessed onresidential property owned by the reservist and used as thatreservist's primary place of residence on the date the reservist wasordered to active duty. (b) In order for an obligation or liability of a reservist to besubject to the provisions of this chapter, the reservist or thereservist's designee shall deliver to the lender: (1) A letter signed by the reservist, under penalty of perjury,requesting a deferment of financial obligations. (2) If required by a financial institution, proof that thereservist's employer does not provide continuing income to thereservist while the reservist is on active military duty, includingthe reservist's military pay, of more than 90 percent of thereservist's monthly salary and wage income earned before the call toactive duty. (c) Upon request of the reservist or the reservist's dependent ordesignee and within five working days of that request, if applicable,the employer of a reservist shall furnish the letter or othercomparable evidence showing that the employer's compensation policydoes not provide continuing income to the reservist, including thereservist's military pay, of more than 90 percent of the reservist'smonthly salary and wage income earned before the call to active duty. (d) The deferral period on financial obligations shall be thelesser of 180 days or the period of active duty plus 60 calendar daysand shall apply only to those payments due subsequent to the noticeprovided to a lender as provided in subdivision (b). (e) If a lender defers payments on a closed end credit obligationor an open-end credit obligation with a maturity date, pursuant tothis chapter, the lender shall extend the term of the obligation bythe amount of months the obligation was deferred. (f) If a lender defers payments on an open-end credit obligationpursuant to this chapter, the lender may restrict the availability ofadditional credit with respect to that obligation during the term ofthe deferral.801.  For purposes of this chapter, "mortgage" means an obligationsecured by a mortgage or deed of trust, and is limited to anobligation secured by a mortgage or deed of trust for residentialproperty owned by the reservist and used as that reservist's primaryplace of residence on the date the reservist was ordered into activeduty.802.  (a) Notwithstanding subdivisions (e) and (f) of Section 800,any mortgage payments delayed pursuant to Section 800 are due andpayable upon the earlier of the following: (1) The sale of the property or other event specified in thedocuments creating the obligation permitting the lender to acceleratethe loan, other than a deferral of payments authorized by Section800. (2) Further encumbrance of the property. (3) The maturity of the obligation as defined under the terms ofthe documents creating the obligation or, if applicable, as extendedpursuant to subdivision (e) of Section 800. (b) Nothing in this section relieves a reservist with a mortgagesubject to an impound account for the payment of property taxes,special assessments, mortgage insurance, and hazard insurance frommaking monthly payments of an amount which is at least sufficient topay these amounts, unless the borrower and lender agree to a lesseramount. (c) Nothing in this chapter shall preclude a reservist from makingpayments toward the mortgage payments deferred prior to theoccurrence of any of the events in subdivision (a).803.  For purposes of this chapter, "reservist" means a member ofthe United States Military Reserve or National Guard of this statecalled to active duty as a result of the Iraq conflict pursuant tothe Authorization for Use of Military Force Against Iraq Resolutionof 2002 (Public Law 107-243) or the Afghanistan conflict pursuant toPresidential Order No. 13239.804.  During the period specified in Section 800, the reservist maydefer the payment of principal and interest on the specifiedobligations. No penalties shall be imposed on the nonpayment ofprincipal or interest during this period. No interest shall becharged or accumulated on the principal or interest on which thepayment was delayed. No foreclosure or repossession of property onwhich payment has been deferred shall take place during the periodspecified in Section 800.805.  Subject to subdivisions (e) and (f) of Section 800, a stay,postponement, or suspension under this chapter of the payment of anytax, fine, penalty, insurance premium, or other civil obligation orliability of a person in military service shall not provide the basisfor affecting credit ratings, denial or revocation of credit, or achange by the lender in the terms of an existing credit arrangement.806.  (a) Any entity, which was providing any type of health carecoverage, including, but not limited to, health care service plans,specialized health care service plans, and health insurance to areservist at the time the reservist was ordered to active duty, shallreinstate the health care coverage without waiting periods orexclusion of coverage for preexisting conditions. (b) Pursuant to Section 1386 of the Health and Safety Code, theDirector of the Department of Managed Health Care has the authorityto enforce the provisions of this section concerning any person orentity subject to regulation under Chapter 2.2 (commencing withSection 1340) of Part 2 of Division 2 of the Health and Safety Code,and may impose any applicable penalties provided for under thatsection. (c) Pursuant to subdivision (a) of Section 12921 of the InsuranceCode, the Insurance Commissioner has the authority to enforce theprovisions of this section concerning any person or entity subject toregulation under the Insurance Code, and may impose any applicablepenalties provided for under the Insurance Code. (d) The enforcement and penalty provisions of the act that addedthis subdivision shall apply only to reservists ordered to activeduty on or after January 1, 2007.807.  (a) The holder of a loan or retail installment sales contractwith respect to which the debtor has purchased prepaid creditdisability insurance shall give notice to the debtor not less than 30days before the expiration date of the insurance that the debtorwill not be protected during the period between that expiration dateand the deferred maturity date of the loan or contract unless theinsurance is extended. The debtor may, at his or her option, directthe holder to add the amount of the additional premium to the unpaidbalance of the loan or contract. (b) The holder of an open-ended loan or retail installment accountwith respect to which the debtor has purchased credit disabilityinsurance with premiums payable monthly together with the installmentpayments on the loan or the account shall give notice to the debtorthat the debtor will not be protected by the insurance during theperiod specified in Section 800 unless the debtor elects to continuepayment of premiums during that period. The debtor may, at his or heroption, direct the holder to add the amount of those premiums to theunpaid balance of the account.808.  (a) During the period specified in Section 800, the reservistmay defer payments for leased vehicles without breach of the lease orthe foreclosure or repossession of the vehicle. If a lender deferspayments pursuant to this section, the lender shall extend the termof the lease by the amount of months the lease was deferred. (b) For the purposes of this chapter, "vehicle" means a vehicle asdefined in Section 670 of the Vehicle Code.809.  This chapter shall not apply to any active duty voluntarilyserved after the close of the Iraq or Afghanistan conflicts or to anyreservist on active duty as part of the Iraq or Afghanistanconflicts prior to the effective date of this measure.810.  In those instances where a financial obligation covered bythis chapter is sold, any requirement to defer payments as specifiedin this chapter transfers to the purchaser of the obligation.811.  (a) The spouse or legal dependent, or both, of a member of theUnited States Military Reserve or National Guard of this state whois called to active duty, shall be entitled to the benefits accordedto a member under this chapter, provided that the member is eligiblefor the benefits. (b) This chapter applies only to an obligation specified in thischapter that was incurred prior to the date that a member of theUnited States Military Reserve or National Guard of this state wascalled to active duty as part of the Iraq and Afghanistan conflicts.812.  (a) A person violating any provision of this chapter shall beliable for actual damages, reasonable attorney's fees, and costsincurred by the service member or other person entitled to thebenefits and protections of this chapter. (b) A service member or other person seeking to enforce rightspursuant to this chapter shall not be required to pay a filing fee orcourt costs.