Section 303(c) of the Servicemembers Civil Relief Act (50 U.S.C. 3953(c)) prohibits foreclosure of servicemembers’ property in some circumstances. This decision holds that the statute of limitations applicable to a claim for violation of that section is four years under the catch-all federal limitations provision, 28 U.S.C. 1658(a). Though the prohibition on foreclosures pre-dated the 1990 enactment of section 1658, Congress first enacted legislation granting a private right of action for violation of the foreclosure ban in 2003. This decision holds that there was no pre-existing implied right of action. Since the claim first arose post-1990, it is governed by section 1658’s four-year limitations period.
Ninth Circuit Court of Appeals (Antoon, J., sitting by designation); July 26, 2018; 2018 U.S. App. LEXIS 20808