HB287 Alabama 2010 Session

Summary

Primary Sponsor

Demetrius C. Newton

Democrat

Co-Sponsors

William E. ThigpenH. Mac GipsonHarry ShiverAlan BootheBenjamin H. Lewis

Session

Regular Session 2010

Title

Mortgages, active duty military who die while deployed overseas, foreclosure proceedings against surviving spouse or estate prohibited under certain conditions, Military Family Relief Fund established

Summary

HB287 would shield military families from foreclosure after a service member dies while deployed overseas and create a relief fund to help those families.

What This Bill Does

It prohibits mortgage lenders from starting foreclosure proceedings against the surviving spouse or estate of a service member who dies while deployed overseas on active duty for at least 180 days after death. It creates the Military Family Relief Fund in the State Treasury to collect civil penalties and allow the Department of Veterans Affairs to use those funds to assist military families in need. It also defines terms like active duty, military service, and service member, and imposes a $2,000 civil fine for violations, with the Attorney General able to sue to collect. The act does not apply to mortgages entered before its effective date.

Who It Affects

• Surviving spouses and estates of service members who die while deployed overseas on active duty: protected from foreclosure for at least 180 days after death and may benefit from fund-supported assistance.
• Mortgage lenders and military families: lenders face foreclosure prohibition under certain circumstances and potential civil fines; funds from penalties support the Military Family Relief Fund which may be used by the VA to assist families in need.

Key Provisions

• Section prohibits initiating foreclosure against surviving spouse or estate of a service member who dies while deployed overseas on active duty for at least 180 days after death.
• Section prohibits foreclosure or sale when knowledge indicates the foreclosure or sale is invalid under this section; violators face a civil fine of $2,000.
• Civil fines go into the Military Family Relief Fund in the State Treasury; the Department of Veterans Affairs may use these funds as an assistance fund for military families in need.
• Definitions for Active Duty, Military Service, and Service Member; the act does not apply to mortgages entered into before the effective date; the act becomes effective on the first day of the third month after passage.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Mortgages