Page:United States Statutes at Large Volume 117.djvu/2867

 117 STAT. 2848

PUBLIC LAW 108–189—DEC. 19, 2003 ‘‘(2) if made pursuant to an agreement as provided in section 107. ‘‘(d) PENALTIES.— ‘‘(1) MISDEMEANOR.—A person who knowingly makes or causes to be made a sale, foreclosure, or seizure of property that is prohibited by subsection (c), or who knowingly attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both. ‘‘(2) PRESERVATION OF OTHER REMEDIES.—The remedies and rights provided under this section are in addition to and do not preclude any remedy for wrongful conversion otherwise available under law to the person claiming relief under this section, including consequential and punitive damages.

50 USC app. 534.

‘‘SEC. 304. SETTLEMENT OF STAYED CASES RELATING TO PERSONAL PROPERTY.

‘‘(a) APPRAISAL OF PROPERTY.—When a stay is granted pursuant to this Act in a proceeding to foreclose a mortgage on or to repossess personal property, or to rescind or terminate a contract for the purchase of personal property, the court may appoint three disinterested parties to appraise the property. ‘‘(b) EQUITY PAYMENT.—Based on the appraisal, and if undue hardship to the servicemember’s dependents will not result, the court may order that the amount of the servicemember’s equity in the property be paid to the servicemember, or the servicemember’s dependents, as a condition of foreclosing the mortgage, repossessing the property, or rescinding or terminating the contract. 50 USC app. 535.

Applicability.

VerDate 11-MAY-2000

13:59 Aug 30, 2004

‘‘SEC. 305. TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE LEASES.

‘‘(a) TERMINATION BY LESSEE.—The lessee on a lease described in subsection (b) may, at the lessee’s option, terminate the lease at any time after— ‘‘(1) the lessee’s entry into military service; or ‘‘(2) the date of the lessee’s military orders described in paragraph (1)(B) or (2)(B) of subsection (b), as the case may be. ‘‘(b) COVERED LEASES.—This section applies to the following leases: ‘‘(1) LEASES OF PREMISES.—A lease of premises occupied, or intended to be occupied, by a servicemember or a servicemember’s dependents for a residential, professional, business, agricultural, or similar purpose if— ‘‘(A) the lease is executed by or on behalf of a person who thereafter and during the term of the lease enters military service; or ‘‘(B) the servicemember, while in military service, executes the lease and thereafter receives military orders for a permanent change of station or to deploy with a military unit for a period of not less than 90 days. ‘‘(2) LEASES OF MOTOR VEHICLES.—A lease of a motor vehicle used, or intended to be used, by a servicemember or a servicemember’s dependents for personal or business transportation if— ‘‘(A) the lease is executed by or on behalf of a person who thereafter and during the term of the lease enters military service under a call or order specifying a period

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