323 - Further relief.

§ 323. Further relief.  1. A person may, at any time during his period  of  military  service  or within six months thereafter, apply to a court  for relief in respect of any obligation or liability  incurred  by  such  person  prior to his period of military service or in respect of any tax  or assessment whether falling due prior  to  or  during  his  period  of  military  service.  The  court,  after  appropriate  notice and hearing,  unless in its opinion the ability of the applicant to  comply  with  the  terms  of  such obligation or liability or to pay such tax or assessment  has not been materially affected by reason of his military service,  may  grant the following relief:    (a)  In  the  case  of  an  obligation  payable  under  its  terms  in  installments under a contract  for  the  purchase  of  real  estate,  or  secured  by  a  mortgage or other instrument in the nature of a mortgage  upon real estate, a stay of the enforcement of  such  obligation  during  the  applicant's  period  of  military  service  and,  from  the date of  termination of such period of military  service  or  from  the  date  of  application if made after such service, for a period equal to the period  of  the  remaining  life of the installment contract or other instrument  plus a period of time equal to the period of  military  service  of  the  applicant,  or  any  part of such combined period, subject to payment of  the balance of principal and accumulated interest due and unpaid at  the  date  of  termination of the period of military service or from the date  of application, as the case may be, in equal  installments  during  such  combined  period  at  such  rate of interest on the unpaid balance as is  prescribed  in  such  contract,  or  other  instrument  evidencing   the  obligation,  for  installments  paid when due, and subject to such other  terms as may be just.    (b)  In  the  case  of  any  other  obligation,  liability,  tax,   or  assessment,  a  stay  of  the enforcement thereof during the applicant's  period of military service and, from the date  of  termination  of  such  period of military service or from the date of application if made after  such  service,  for  a  period  of  time equal to the period of military  service of the applicant or any part of such period, subject to  payment  of  the  balance of principal and accumulated interest due and unpaid at  the date of the termination of such period of military  service  or  the  date  of application, as the case may be, in equal periodic installments  during such  extended  period  at  such  rate  of  interest  as  may  be  prescribed  for  such obligation, liability, tax, or assessment, if paid  when due, and subject to such other terms as may be just.    2. When any court has granted a stay as provided in  this  section  no  fine  or penalty shall accrue during the period the terms and conditions  of such stay are complied with by reason of failure to comply  with  the  terms  or conditions of the obligation, liability, tax, or assessment in  respect of which such stay was granted.