312 - Mortgages.

§ 312. Mortgages.   1. The provisions of this section shall apply only  to obligation and secured by mortgage, trust deed, or other security  in  the  nature  of  a  mortgage  upon  real or personal property owned by a  person in military service at the commencement  of  the  period  of  his  military  service and still so owned by him which obligations originated  prior to such person's period of military service.    2. In any proceeding commenced in  any  court  during  the  period  of  military service to enforce such obligation arising out of nonpayment of  any  sum  thereunder due or out of any other breach of the terms thereof  occurring prior to or during the period of such service the  court  may,  after  hearing,  in its discretion, on its own motion, and shall, except  as hereinafter provided in this act, on application to it by such person  in military service or some person on his behalf, unless in the  opinion  of  the  court  the ability of the defendant to comply with the terms of  the obligation is not materially affected  by  reason  of  his  military  service    (a) stay the proceedings as provided in this act; or    (b)  make  such  other  disposition of the case as may be equitable to  conserve the interests of all parties.    3. No sale, foreclosure, or seizure of property for nonpayment of  any  sum  due under any such obligation, or for any other breach of the terms  thereof, whether under a power of sale, under a  judgment  entered  upon  warrant of attorney to confess judgment contained therein, or otherwise,  shall  be valid if made during the period of military service, or within  six months thereafter, unless upon an order of sale  previously  granted  by the court and a return thereto made and approved by the court.    4.  Any  person  who  shall  knowingly  cause  to  be  made  any sale,  foreclosure or seizure of property defined  as  invalid  by  subdivision  three hereof, or attempts so to do, shall be guilty of a misdemeanor and  shall be punished by imprisonment not to exceed one year, or by fine not  to exceed one thousand dollars, or both.