Chapter 3The California Military Families Financial Relief Act
Section § 800
If you are a reservist called to active duty, you might be able to temporarily postpone payments on certain financial obligations while you're away. This deferral includes mortgages, credit cards, vehicle loans, student loans, and utility bills. To get this deferment, you or someone you designate needs to send a written request and a copy of your military orders to your creditors. If your employer doesn't pay you the same salary while you're serving, you may need proof of that to qualify. Payments can be postponed for up to 180 days or the length of your active duty plus 60 days, whichever is shorter. You need to ask for this within 90 days after returning from duty. While payments are deferred, interest still accumulates, and if a lender agrees, they may extend the loan term to cover the months deferred. However, lenders can restrict further credit access during this period, and this arrangement does not stop you from paying if you wish to do so.
Section § 801
This section defines a "mortgage" for the purposes of the chapter related to military reservists. It specifies that the mortgage must be an obligation secured by either a mortgage or deed of trust on a residential property. The key condition is that the property must be the primary residence of the reservist at the time they are called to active duty.
Section § 802
This law states that if you are a reservist with a mortgage that includes an impound account for paying things like property taxes and insurance, you still have to make monthly payments that are enough to cover these costs, unless you and the lender agree to a smaller amount.
Section § 803
This law defines key terms related to military service for the purposes outlined in the chapter. A "reservist" includes members of the state militia, as well as members of a U.S. Armed Forces reserve component, who are called to active duty. "Military orders" are official documents or notifications about a service member's duty status. "Military service" refers to full-time active duty for militia members or reservists and must last at least 30 consecutive days.
Section § 804
If you're a reservist in California during the time frame specified in another section, you can delay paying the main amount and interest on certain debts. You won't get penalized for not paying during this time, and you won't be charged extra interest for the delay. The property tied to these debts cannot be foreclosed or repossessed while payments are deferred unless a court says so or everyone involved agrees to it.
Section § 805
If a person in military service has any taxes, fines, penalties, insurance premiums, or other civil payments delayed or paused, it can't hurt their credit score, lead to the denial or taking away of credit, or cause a lender to alter the terms of an existing credit agreement.
Section § 806
This law states that if a reservist was covered by any health care plan when called to active duty, their health coverage must be reinstated without any waiting periods or exclusions for pre-existing conditions once they return. The Director of the Department of Managed Health Care and the Insurance Commissioner have the authority to enforce this rule and impose penalties on health care providers who do not comply. These enforcement rules apply only to reservists called to active duty on or after January 1, 2007.
Section § 807
If you have a loan or sales contract and bought prepaid credit disability insurance, the lender must notify you at least 30 days before your insurance expires. This notice is to inform you that you won’t be covered after the expiration unless you extend the insurance. You can choose to add the cost of this extension to your loan or contract balance.
For loans or accounts with monthly premium payments, the lender must let you know that the insurance won’t cover a certain period unless you continue paying the premiums. You can opt to add these premium costs to your account balance.
Section § 808
This section allows military reservists to defer payments on their leased vehicles during a specific period without breaking the lease or facing repossession. If payments are deferred, the lease term must be extended by the same number of months as the deferral. The term 'vehicle' here refers to its definition in another section of the Vehicle Code.
Section § 810
If a debt covered by this chapter is sold to someone else, the new owner must honor any payment deferral terms that were originally part of the agreement.
Section § 811
This law states that if a reservist is called to active duty, their spouse or legal dependent can receive the same benefits that the reservist is eligible for. However, these benefits only apply to obligations that were already in place before the reservist was called to their current active duty.
Section § 812
If someone breaks the rules in this chapter, they must cover any real losses, attorney fees, and costs for the service member or others protected by these rules.
Also, service members or others wanting to enforce their rights under this chapter don't need to pay any filing fees or court costs.
Section § 813
If a service member asks for help under this law and the person receiving the request thinks it's incomplete or insufficient, they must reply in writing within 30 days. This reply should explain why they believe the request isn't complete and provide details on what's needed to complete it, along with contact information.
If the person doesn't respond within the 30-day period, they lose the right to refuse the request, and the service member gets the help they asked for.