Page:United States Statutes at Large Volume 117.djvu/2879

 117 STAT. 2860

PUBLIC LAW 108–189—DEC. 19, 2003

‘‘(b) CERTIFICATES.—The Secretary concerned shall furnish a certificate under subsection (a) upon receipt of an application for such a certificate. A certificate appearing to be signed by the Secretary concerned is prima facie evidence of its contents and of the signer’s authority to issue it. ‘‘(c) TREATMENT OF SERVICEMEMBERS IN MISSING STATUS.— A servicemember who has been reported missing is presumed to continue in service until accounted for. A requirement under this Act that begins or ends with the death of a servicemember does not begin or end until the servicemember’s death is reported to, or determined by, the Secretary concerned or by a court of competent jurisdiction. 50 USC app. 583.

‘‘SEC. 603. INTERLOCUTORY ORDERS.

‘‘An interlocutory order issued by a court under this Act may be revoked, modified, or extended by that court upon its own motion or otherwise, upon notification to affected parties as required by the court.

‘‘TITLE VII—FURTHER RELIEF 50 USC app. 591.

‘‘SEC. 701. ANTICIPATORY RELIEF.

‘‘(a) APPLICATION FOR RELIEF.—A servicemember may, during military service or within 180 days of termination of or release from military service, apply to a court for relief— ‘‘(1) from any obligation or liability incurred by the servicemember before the servicemember’s military service; or ‘‘(2) from a tax or assessment falling due before or during the servicemember’s military service. ‘‘(b) TAX LIABILITY OR ASSESSMENT.—In a case covered by subsection (a), the court may, if the ability of the servicemember to comply with the terms of such obligation or liability or pay such tax or assessment has been materially affected by reason of military service, after appropriate notice and hearing, grant the following relief: ‘‘(1) STAY OF ENFORCEMENT OF REAL ESTATE CONTRACTS.— ‘‘(A) In the case of an obligation payable 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, the court may grant a stay of the enforcement of the obligation— ‘‘(i) during the servicemember’s period of military service; and ‘‘(ii) from the date of termination of or release from military service, or from the date of application if made after termination of or release from military service. ‘‘(B) Any stay under this paragraph shall be— ‘‘(i) for a period equal to the remaining life of the installment contract or other instrument, plus a period of time equal to the period of military service of the servicemember, or any part of such combined period; and ‘‘(ii) subject to payment of the balance of the principal and accumulated interest due and unpaid at the date of termination or release from the applicant’s

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