A servicemember may waive any of the rights and protections provided by this Act [sections
597b of this Appendix]. Any such waiver that applies to an action listed in subsection (b) of this section is effective only if it is in writing and is executed as an instrument separate from the obligation or liability to which it applies. In the case of a waiver that permits an action described in subsection (b), the waiver is effective only if made pursuant to a written agreement of the parties that is executed during or after the servicemember’s period of military service. The written agreement shall specify the legal instrument to which the waiver applies and, if the servicemember is not a party to that instrument, the servicemember concerned.
(b) Actions requiring waivers in writing
The requirement in subsection (a) for a written waiver applies to the following:
(1)The modification, termination, or cancellation of—
(A)a contract, lease, or bailment; or
(B)an obligation secured by a mortgage, trust, deed, lien, or other security in the nature of a mortgage.
(2)The repossession, retention, foreclosure, sale, forfeiture, or taking possession of property that—
(A)is security for any obligation; or
(B)was purchased or received under a contract, lease, or bailment.
(c) Prominent display of certain contract rights waivers
Any waiver in writing of a right or protection provided by this Act [sections
597b of this Appendix] that applies to a contract, lease, or similar legal instrument must be in at least 12 point type.
(d) Coverage of periods after orders received
For the purposes of this section—
(1)a person to whom section
516 of this Appendix] applies shall be considered to be a servicemember; and
(2)the period with respect to such a person specified in subsection (a) or (b), as the case may be, of section
516 of this Appendix] shall be considered to be a period of military service.
A prior section
517, act Oct. 17, 1940, ch. 888, art. I, § 107, as added Oct. 6, 1942, ch. 581, § 4,56 Stat. 770, related to effect on rights and remedies pursuant to written agreements entered after commencement of military service, prior to the general amendment of this Act by Pub. L. 108–189.
2004—Subsec. (a). Pub. L. 108–454, § 702(1), inserted after first sentence: “Any such waiver that applies to an action listed in subsection (b) of this section is effective only if it is in writing and is executed as an instrument separate from the obligation or liability to which it applies.”
Subsecs. (c), (d). Pub. L. 108–454, § 702(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d).
The table below lists the classification updates, since , for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Statutes at Large
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