§ 12-62-716 - Mortgage foreclosures.
               	 		
12-62-716.    Mortgage foreclosures.
    (a)  The  creditor of a service member who, before entry into military service,  has entered into a mortgage contract with the service member or his or  her dependent for the purchase of real or personal property may not  foreclose on the mortgage or repossess the property for nonpayment or  any breach occurring during military service without an order from a  court of competent jurisdiction.
(b)  The  court, upon application under this section, unless the court finds on  the record that the ability of the service member to comply with the  terms of the mortgage is not materially affected by reason of his or her  military service, may:
      (1)  Order  repayment of any prior installments or deposits as a condition of  terminating the contract and resuming possession of the property;
      (2)  Order a stay of the proceedings on its own motion or on motion by the service member or another person on his or her behalf; or
      (3)  Make any other disposition of the case as it considers to be equitable to conserve the interests of all parties.
(c)  In order to come within the provisions of this section, the service member or dependent shall establish the following:
      (1)  The  relief is sought on an obligation secured by a mortgage, trust deed, or  other security in the nature of a mortgage on either real or personal  property;
      (2)  The obligation originated before the service member's entry into military service;
      (3)  The property was owned by the service member or his or her dependent before the commencement of military service; and
      (4)  The property is still owned by the service member or his or her dependent at the time relief is sought.
(d)  Any  person who knowingly forecloses on property which is the subject of  this section other than as provided in subsection (a) of this section is  guilty of an unclassified misdemeanor.