50 U.S.C. § 4308: Contracts, mortgages, or…

Summary

People who are not enemies may keep and enforce mortgages, pledges, liens, or similar security interests in property that belongs to an enemy or an ally of an enemy. If the borrower or debtor defaults, the non-enemy holder can sell the property or call the contract due by giving notice or demand to the alien property custodian under rules the President sets. That notice counts the same as giving it to the enemy person. If, before October 6, 1917, no notice or demand was required by the contract or law, no new notice can be forced now, and if notice was required then, no longer period can be added. If a sale leaves extra money after paying the debt, the holder must tell the President and hold the surplus until the President orders otherwise. A U.S. citizen or U.S. corporation can cancel a contract made before the war with an enemy or ally of an enemy that calls for delivery during or after the war of things made in the U.S. by giving 30 days’ written notice to the alien property custodian. Time limits for suing on certain pre-war contracts are paused when the contract involves payment shown by drafts or other commercial paper tied to funds or property located in an enemy or ally-of-enemy country; no U.S. court case may be started on those claims until the war ends or the funds/property are released. This does not stop other legal suspensions allowed by law.

Title 50, §4308

War and National Defense, Source: USLM XML via OLRC

(a)Holders of instruments secured by property of enemy or ally of enemy; continued holding of property; rights upon default

Any person not an enemy or ally of enemy holding a lawful mortgage, pledge, or lien, or other right in the nature of security in property of an enemy or ally of enemy which, by law or by the terms of the instrument creating such mortgage, pledge, or lien, or right, may be disposed of on notice or presentation or demand, and any person not an enemy or ally of enemy who is a party to any lawful contract with an enemy or ally of enemy, the terms of which provide for a termination thereof upon notice or for acceleration of maturity on presentation or demand, may continue to hold said property, and, after default, may dispose of the property in accordance with law or may terminate or mature such contract by notice or presentation or demand served or made on the alien property custodian in accordance with the law and the terms of such instrument or contract and under such rules and regulations as the President shall prescribe; and such notice and such presentation and demand shall have, in all respects, the same force and effect as if duly served or made upon the enemy or ally of enemy personally: Provided, That no such rule or regulation shall require that notice or presentation or demand shall be served or made in any case in which, by law or by the terms of said instrument or contract, no notice, presentation, or demand was, prior to October 6, 1917, required; and that in case were, by law or by the terms of such instrument or contract, notice is required, no longer period of notice shall be required: Provided further, That if, on any such disposition of property, a surplus shall remain after the satisfaction of the mortgage, pledge, lien, or other right in the nature of security, notice of that fact shall be given to the President pursuant to such rules and regulations as he may prescribe, and such surplus shall be held subject to his further order.

(b)Abrogation of contracts entered into prior to beginning of war

Any contract entered into prior to the beginning of the war between any citizen of the United States or any corporation organized within the United States, and an enemy or ally of an enemy, the terms of which provide for the delivery, during or after any war in which a present enemy or ally of enemy nation has been or is now engaged, of anything produced, mined, or manufactured in the United States, may be abrogated by such citizen or corporation by serving thirty days’ notice in writing upon the alien property custodian of his or its election to abrogate such contract.

(c)Suspension of statutes of limitations

The running of any statute of limitations shall be suspended with reference to the rights or remedies on any contract or obligation entered into prior to the beginning of the war between parties neither of whom is an enemy or ally of enemy, and containing any promise to pay or liability for payment which is evidenced by drafts or other commercial paper drawn against or secured by funds or other property situated in an enemy or ally of enemy country, and no suit shall be maintained on any such contract or obligation in any court within the United States until after the end of the war, or until the said funds or property shall be released for the payment or satisfaction of such contract or obligation: Provided, however, That nothing herein contained shall be construed to prevent the suspension of the running of the statute of limitations in all other cases where such suspension would occur under existing law.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 8 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Executive Documents

Transfer of Functions

Functions vested by law in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, § 101, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951, set out in the Appendix to Title 5, Government Organization and Employees.

§4308 Contracts, Mortgages, or Pledges Against or with Enemy or Ally of Enemy; Abrogation of Contracts; Suspension of Limitations