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| To enact section 1349.38 of the Revised Code to | 1 |
| prohibit a creditor within eighteen months of the | 2 |
| person's release from active duty from initiating | 3 |
| a mortgage foreclosure against a person who is a | 4 |
| veteran who has made a claim for disability | 5 |
| benefits and to forgive Ohio court costs for | 6 |
| veterans seeking civil damages in an Ohio court | 7 |
| for denial of rights. | 8 |
| Section 1. That section 1349.38 of the Revised Code be | 9 |
| enacted to read as follows: | 10 |
| Sec. 1349.38. (A) As used in this section: | 11 |
| (1) "Veteran" means an individual who has served in the | 12 |
| active military or naval service of the United States and who was | 13 |
| discharged or released under circumstances other than | 14 |
| dishonorable; | 15 |
| (2) "Disability benefit" means a disability benefit in | 16 |
| connection with military service administered by the veterans' | 17 |
| administration under title 38 of the United States Code. | 18 |
| (3) "Uniformed services" has the same meaning as in 10 U.S.C. | 19 |
| 101. | 20 |
| (B) The property of a veteran who has made a good faith claim | 21 |
| for disability benefits shall not be subject to sale pursuant to | 22 |
| section 2329.01 of the Revised Code during a period of time | 23 |
| commencing with the veteran's discharge from active duty and | 24 |
| ending eighteen months after such discharge. | 25 |
| (C) No creditor shall foreclose on a mortgage loan against a | 26 |
| veteran, for a period of time commencing with the veteran's | 27 |
| discharge from active duty and ending eighteen months after such | 28 |
| discharge, when both of the following apply: | 29 |
| (1) The veteran has made a good faith claim for disability | 30 |
| benefits and the disability is a result of the person's active | 31 |
| duty in the uniformed services; | 32 |
| (2) The veteran has submitted to the creditor, prior to the | 33 |
| creditor's filing a motion for foreclosure, notarized | 34 |
| documentation verifying the veteran's discharge from active duty | 35 |
| and the veteran's application for disability benefits. | 36 |
| (D) No creditor shall deny a member of the uniformed | 37 |
| services, whose application for an interest rate limitation is in | 38 |
| compliance with and meets the requirements of the "Servicemembers | 39 |
| Civil Relief Act," 117 Stat. 2835 (2003), 50 U.S.C. App. 527, the | 40 |
| right to an interest rate reduction in compliance with that act. | 41 |
| (E) Notwithstanding any other provision of the Revised Code, | 42 |
| court costs may not be charged against any person claiming rights | 43 |
| under this section. | 44 |
| (F) In any action or proceeding to enforce a provision of | 45 |
| this section, the court shall award to a plaintiff who prevails in | 46 |
| such action or proceeding reasonable attorney's fees, expert | 47 |
| witness fees, and other litigation expenses. If the plaintiff does | 48 |
| not receive a favorable judgment from the court in that action the | 49 |
| court shall not require the plaintiff to reimburse the defendant | 50 |
| for attorney's fees. | 51 |