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H. B. No. 386 As IntroducedAs Introduced
|127th General Assembly|
Representatives Fende, Hagan, R., Healy, Gerberry, Celeste, Strahorn, Brady, Hughes, Williams, B., Ujvagi, Skindell, Letson, Chandler, Williams, S., Fessler, Yuko, DeBose, Lundy, Bolon, Otterman, Domenick, Dyer, Stewart, D., DeGeeter, Evans, Goyal, Okey, Heard, Batchelder
To enact section 1349.38 of the Revised Code to
prohibit a creditor within eighteen months of the
person's release from active duty from initiating
a mortgage foreclosure against a person who is a
veteran who has made a claim for disability
benefits and to forgive Ohio court costs for
veterans seeking civil damages in an Ohio court
for denial of rights.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 1349.38 of the Revised Code be
enacted to read as follows:
Sec. 1349.38. (A) As used in this section:
(1) "Veteran" means an individual who has served in the
active military or naval service of the United States and who was
discharged or released under circumstances other than
(2) "Disability benefit" means a disability benefit in
connection with military service administered by the veterans'
administration under title 38 of the United States Code.
(3) "Uniformed services" has the same meaning as in 10 U.S.C.
(B) The property of a veteran who has made a good faith claim
for disability benefits shall not be subject to sale pursuant to
section 2329.01 of the Revised Code during a period of time
commencing with the veteran's discharge from active duty and
ending eighteen months after such discharge.
(C) No creditor shall foreclose on a mortgage loan against a
veteran, for a period of time commencing with the veteran's
discharge from active duty and ending eighteen months after such
discharge, when both of the following apply:
(1) The veteran has made a good faith claim for disability
benefits and the disability is a result of the person's active
duty in the uniformed services;
(2) The veteran has submitted to the creditor, prior to the
creditor's filing a motion for foreclosure, notarized
documentation verifying the veteran's discharge from active duty
and the veteran's application for disability benefits.
(D) No creditor shall deny a member of the uniformed
services, whose application for an interest rate limitation is in
compliance with and meets the requirements of the "Servicemembers
Civil Relief Act," 117 Stat. 2835 (2003), 50 U.S.C. App. 527, the
right to an interest rate reduction in compliance with that act.
(E) Notwithstanding any other provision of the Revised Code,
court costs may not be charged against any person claiming rights
under this section.
(F) In any action or proceeding to enforce a provision of
this section, the court shall award to a plaintiff who prevails in
such action or proceeding reasonable attorney's fees, expert
witness fees, and other litigation expenses. If the plaintiff does
not receive a favorable judgment from the court in that action the
court shall not require the plaintiff to reimburse the defendant
for attorney's fees.