§3918 — Title 50 War and National Defense | U.S. Code

Summary

A servicemember can give up rights under this chapter, but some waivers only work if they meet strict rules. If the waiver affects things like changing, ending, or canceling a contract or a loan secured by a mortgage, or if it allows repossession, foreclosure, sale, or taking of property bought or held under a contract, the waiver must be written down in a separate document from the contract or debt it affects. That written agreement must be signed while the person is serving or after their service ends, must say exactly which legal paper it covers, and must name the servicemember if they are not a party to that paper. Any written waiver that applies to a contract or similar paper must be in at least 12‑point type. People covered by section 3917 are treated as servicemembers, and the time period in that section counts as military service for these rules.

Title 50, §3918

War and National Defense — Source: USLM XML via OLRC

(a)A servicemember may waive any of the rights and protections provided by this chapter. 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)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)Any waiver in writing of a right or protection provided by this chapter that applies to a contract, lease, or similar legal instrument must be in at least 12 point type.

(d)For the purposes of this section—

(1)a person to whom section 3917 of this title 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 3917 of this title shall be considered to be a period of military service.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 517 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 107 of act Oct. 17, 1940, ch. 888, art. I, 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.

Amendments

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).

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.

§3918 Waiver of Rights Pursuant to Written Agreement