39-7-115 - Mortgage foreclosures. - Utah Statutes

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Statutes > Utah > Title-39 > Chapter-07 > 39-7-115

39-7-115. Mortgage foreclosures.
(1) The creditor of a service member who, prior to entry into military service, has enteredinto a mortgage contract with the service member or his dependent for the purchase of real orpersonal property may not foreclose on the mortgage or repossess the property for nonpayment orany breach occurring during military service without an order from a court of competentjurisdiction.
(2) The court, upon application to it under this section, may, unless the court finds on therecord that the ability of the service member to comply with the terms of the mortgage is notmaterially affected by reason of his military service:
(a) order repayment of any prior installments or deposits as a condition of terminating thecontract and resuming possession of the property;
(b) order a stay of the proceedings on its own motion, or on motion by the servicemember or another person on his behalf; or
(c) make any other disposition of the case as it considers to be equitable to conserve theinterests of all parties.
(3) In order to come within the provisions of this section, the service member ordependent shall establish the following:
(a) that relief is sought on an obligation secured by a mortgage, trust deed, or othersecurity in the nature of a mortgage on either real or personal property;
(b) that the obligation originated prior to the service member's entry into military service;
(c) that the property was owned by the service member or his dependent prior to thecommencement of military service; and
(d) that the property is still owned by the service member or his dependent at the timerelief is sought.
(4) Any person who knowingly forecloses on property which is the subject of this sectionother than as provided in Subsection (1) is guilty of a misdemeanor.

Enacted by Chapter 306, 1997 General Session

State Codes and Statutes

Statutes > Utah > Title-39 > Chapter-07 > 39-7-115

39-7-115. Mortgage foreclosures.
(1) The creditor of a service member who, prior to entry into military service, has enteredinto a mortgage contract with the service member or his dependent for the purchase of real orpersonal property may not foreclose on the mortgage or repossess the property for nonpayment orany breach occurring during military service without an order from a court of competentjurisdiction.
(2) The court, upon application to it under this section, may, unless the court finds on therecord that the ability of the service member to comply with the terms of the mortgage is notmaterially affected by reason of his military service:
(a) order repayment of any prior installments or deposits as a condition of terminating thecontract and resuming possession of the property;
(b) order a stay of the proceedings on its own motion, or on motion by the servicemember or another person on his behalf; or
(c) make any other disposition of the case as it considers to be equitable to conserve theinterests of all parties.
(3) In order to come within the provisions of this section, the service member ordependent shall establish the following:
(a) that relief is sought on an obligation secured by a mortgage, trust deed, or othersecurity in the nature of a mortgage on either real or personal property;
(b) that the obligation originated prior to the service member's entry into military service;
(c) that the property was owned by the service member or his dependent prior to thecommencement of military service; and
(d) that the property is still owned by the service member or his dependent at the timerelief is sought.
(4) Any person who knowingly forecloses on property which is the subject of this sectionother than as provided in Subsection (1) is guilty of a misdemeanor.

Enacted by Chapter 306, 1997 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-39 > Chapter-07 > 39-7-115

39-7-115. Mortgage foreclosures.
(1) The creditor of a service member who, prior to entry into military service, has enteredinto a mortgage contract with the service member or his dependent for the purchase of real orpersonal property may not foreclose on the mortgage or repossess the property for nonpayment orany breach occurring during military service without an order from a court of competentjurisdiction.
(2) The court, upon application to it under this section, may, unless the court finds on therecord that the ability of the service member to comply with the terms of the mortgage is notmaterially affected by reason of his military service:
(a) order repayment of any prior installments or deposits as a condition of terminating thecontract and resuming possession of the property;
(b) order a stay of the proceedings on its own motion, or on motion by the servicemember or another person on his behalf; or
(c) make any other disposition of the case as it considers to be equitable to conserve theinterests of all parties.
(3) In order to come within the provisions of this section, the service member ordependent shall establish the following:
(a) that relief is sought on an obligation secured by a mortgage, trust deed, or othersecurity in the nature of a mortgage on either real or personal property;
(b) that the obligation originated prior to the service member's entry into military service;
(c) that the property was owned by the service member or his dependent prior to thecommencement of military service; and
(d) that the property is still owned by the service member or his dependent at the timerelief is sought.
(4) Any person who knowingly forecloses on property which is the subject of this sectionother than as provided in Subsection (1) is guilty of a misdemeanor.

Enacted by Chapter 306, 1997 General Session