HR 1728 · 111th Congress 2009–2011, ended

Mortgage Reform and Anti-Predatory Lending Act

Latest action · May 12, 2009 Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedMar 26, 2009
  2. Passed HouseMay 7, 2009
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Mortgage Reform and Anti-Predatory Lending Act - Title I: Residential Mortgage Loan Origination Standards - (Sec. 102) Amends the Truth in Lending Act (TILA) to prescribe fiduciary standards for originators of residential mortgages, including complete and timely written disclosure of: (1) the comparative costs and benefits of each residential mortgage loan product presented by the originator; (2) the nature of the originator's relationship to the consumer, including the cost of services provided by the originator; and (3) any relevant conflicts of interest between originator and consumer.

(Sec. 103) Prohibits steering incentives in connection with mortgage loan origination.

Directs the federal banking agencies to prescribe prohibitions against specified mortgage origination practices, including steering any consumer to a residential mortgage loan that: (1) the consumer lacks a reasonable ability to repay; (2) does not provide a consumer refinancing a residential mortgage loan with a net tangible benefit; or (3) has predatory characteristics or effects (such as equity stripping, excessive fees, or abusive terms).

(Sec. 104) Sets the maximum liability of a mortgage originator to a consumer for violation of the residential mortgage loan origination requirements of this title, in addition to court costs and attorney fees, at the greater of: (1) actual damages; or (2) three times the total amount of direct and indirect compensation or gain accruing to the originator in connection with the residential mortgage loan involved.

(Sec. 106) Instructs the Secretary of Housing and Urban Development (HUD) and the Board of Governors of the Federal Reserve (Board) to issue jointly for public comment proposed regulations and model disclosure forms that provide borrowers with compatible disclosures at the time of mortgage application and at the time of closing.

(Sec. 107) Requires the Secretary to study and report to Congress on recommended regulatory requirements that would provide: (1) widespread use of shared appreciation mortgages to strengthen local housing markets; (2) new opportunities for affordable homeownership; and (3) homeowners at risk of foreclosure with the ability to refinance or modify their mortgages.

Title II: Minimum Standards for Mortgages - (Sec. 201) Amends TILA to prescribe minimum standards for residential mortgage loans, including a requirement that a residential mortgage loan creditor: (1) make a reasonable and good faith determination based upon verified and documented information that the consumer has a reasonable ability to repay the loan and its applicable taxes, insurance, and assessments; and (2) use a fully amortizing repayment schedule for purposes of determining a consumer's ability to repay a variable rate loan that defers repayment of principal or interest.

(Sec. 202) Prohibits a creditor from extending credit in connection with any residential mortgage loan that involves a refinancing of a prior existing residential mortgage loan unless the creditor reasonably and in good faith determines, at the time the loan is consummated and on the basis of information known by or obtained in good faith by the creditor, that the refinanced loan will provide a net tangible benefit to the consumer.

(Sec. 203) Authorizes any creditor with respect to any qualified residential mortgage loan, meeting specified requirements, and any assignee or securitizer of such loan, to presume that the loan has met the minimum standards of this title.

(Sec. 204) Permits civil actions for rescission of a residential mortgage loan if a creditor has committed specified abuses.

Limits the liability of good faith assignees or securitizers of a residential mortgage loan to loan rescission and to certain obligor costs. Allows such an assignee or securitizer to avoid liability if it provides a satisfactory cure for a violation within 90 days after notice of the violation from the consumer. Shields assignees and securitizers from class action suits.

(Sec. 205) Permits a consumer who has the right to mortgage loan rescission to assert such right as a defense to foreclosure.

(Sec. 206) Prohibits specified practices, including: (1) certain prepayment penalties; (2) single premium credit insurance; (3) mandatory arbitration or other nonjudicial procedure (except for reverse mortgages); (4) mortgage loan terms that waive a statutory cause of action by the consumer; and (5) mortgages with negative amortization (except, again, for reverse mortgages), unless certain disclosures are made and a first-time borrower receives homeownership counseling.

Requires a creditor or mortgage originator, before loan consummation or loan refinancing, to disclose the protection provided by a state anti-deficiency law and its significance for the consumer upon the loss of that protection. (A state anti-deficiency law shields a consumer mortgagor from liability for any deficiency between a foreclosure sale price and the outstanding balance of the mortgage.)

Requires a residential mortgage loan creditor to disclose before settlement: (1) the creditor's policy regarding partial payments and their application to the mortgage; and (2) whether such payments will be placed in escrow.

(Sec. 210) Doubles civil money penalties on creditors for certain violations.

(Sec. 211) Exempts a creditor, assignee, or securitizer from liability and rescission in the case of borrower fraud or deception.

(Sec. 212) Requires a six-month notice including specified elements before a hybrid adjustable rate mortgage is reset.

(Sec. 213) Directs federal banking agencies to prescribe jointly regulations requiring creditors that make a non-qualified residential mortgage loan retain an economic interest in a material portion of the credit risk if the creditor transfers, sells, or conveys such loan to a third party.

Authorizes the agencies jointly to apply risk retention requirements to securitizers of non-qualified residential mortgages in addition to, or in substitution for, the requirements governing creditors that make such mortgages if the agencies jointly determine that applying retention requirements would: (1) help ensure high quality underwriting standards; and (2) facilitate appropriate creditor risk management practices, or otherwise serve the public interest.

(Sec. 214) Prescribes creditor disclosures for: (1) variable rate residential mortgage loans for which an escrow or impound account will be established to pay taxes, insurance and assessments; and (2) periodic statements for residential mortgage loans.

(Sec. 216) Directs the HUD Secretary to establish a grants program to enable low- and moderate-income homeowners and tenants to obtain legal assistance associated with foreclosure.

(Sec. 218) Directs the Comptroller General to study and report to Congress on the effects that enactment of this Act will have upon the availability and affordability of credit for consumers, small businesses, homebuyers, and mortgage lending, including the effect upon: (1) the mortgage market for mortgages that are not within the safe harbor provided in this Act; (2) the ability of prospective homebuyers to obtain financing; and (3) the refinance ability of homeowners facing resets or adjustments.

(Sec. 219) Authorizes state attorneys general to enforce the tenant protections set forth in this Act.

(Sec. 220) Prescribes tenant protection measures in the case of foreclosure on any dwelling or residential real property (including Section 8 tenancies).

Title III: High-Cost Mortgages - (Sec. 301) Prescribes standards for points and fees related to: (1) high-cost mortgages; (2) open-end consumer credit plans; and (3) bona fide discount points and prepayment penalties.

(Sec. 302) Repeals the allowance of prepayment penalties for certain mortgages.

Prohibits a high-cost mortgage from containing a scheduled payment that is more than twice as large (balloon payment) as the average of earlier scheduled payments.

(Sec. 303) Prescribes additional requirements for certain mortgages.

Prohibits a creditor from: (1) recommending default on an existing debt prior to and in connection with the closing of a high-cost mortgage that refinances such debt; (2) imposing late payment fees in connection with a high-cost mortgage except in compliance with specified requirements; (3) accelerating debt on a high-cost mortgage (except in certain circumstances); or (4) financing, in connection with any high-cost mortgage, either a prepayment fee or penalty payable by the consumer if the creditor is the noteholder of the note being refinanced.

Prohibits the creditor of a high-cost mortgage from implementing certain evasions, structured transactions, and reciprocal arrangements.

Prohibits a creditor from charging a consumer any fee to modify, renew, extend, or amend a high-cost mortgage, or to defer any payment due under the terms of such mortgage, unless the modification, renewal, extension, or amendment results in a lower annual percentage rate on the mortgage for the consumer, and then only if the amount of the fee is comparable to fees imposed for similar consumer credit transactions secured by a consumer's principal dwelling.

Prohibits the charging of any fee, except a processing fee, for payoff statements.

Requires a creditor, as a prerequisite to extending consumer credit under a high-cost mortgage, to receive certification from a HUD-approved counselor that the consumer has received counseling on the advisability of the mortgage.

Prohibits any creditor from knowingly or intentionally engaging in the unfair act or practice of flipping in connection with a high-cost mortgage. Defines flipping as the making of a loan or extension of credit in the form a high-cost mortgage to a consumer which refinances an existing mortgage when the new loan or extension of credit does not have reasonable, net tangible benefit to the consumer considering all of the circumstances.

Prescribes a procedure by which a high cost loan creditor or assignee that, acting in good faith, commits an unintentional violation of these prohibitions and other requirements may make timely corrections and avoid liability for the violation.

Title IV: Office of Housing Counseling - Expand and Preserve Home Ownership Through Counseling Act - (Sec. 402) Amends the Department of Housing and Urban Development Act to establish within HUD the Office of Housing Counseling, whose Director shall have primary responsibility within HUD for all activities and matters relating to both homeownership and rental housing counseling.

(Sec. 403) Amends the Housing and Urban Development Act of 1968 to require the Secretary to: (1) prescribe counseling procedures for homeownership and rental counseling; and (2) provide for certification of computer software programs for consumers to evaluate different residential mortgage loan proposals.

Requires the Director to: (1) develop and conduct national public service multimedia campaigns to promote housing counseling; and (2) used specified funds to conduct foreclosure rescue education programs. Authorizes appropriations for FY2009-FY2011.

(Sec. 404) Requires the Secretary to provide financial assistance (grants) to HUD-approved housing counseling agencies and state housing finance agencies that offer homeownership and rental counseling.

Authorizes appropriations for FY2009-FY2012 for: (1) the Office of Housing Counseling; (2) certain responsibilities of the Director; and (3) assistance to entities providing homeownership and rental counseling.

(Sec. 405) Requires an organization that receives federal assistance for counseling activities to be HUD-certified.

(Sec. 406) Directs the Secretary to: (1) study and report to Congress on the root causes of home loan defaults and foreclosures; and (2) establish on a census tract basis a default and foreclosure database on mortgage loans for one- to four-unit residential properties, and to make such information publicly available.

(Sec. 409) Directs the Secretary to develop a funds-tracking system, including accountability and transparency criteria, to ensure that grant recipients use all amounts of financial assistance in accordance with specified requirements.

(Sec. 410) Amends the Real Estate Settlement Procedures Act of 1974 (RESPA) to direct the Secretary to: (1) prepare, at least once every five years, a booklet to help federally related mortgage loan applicants of different ethnic and cultural backgrounds to understand the nature and costs of real estate settlement services; and (2) distribute to all lenders that make federally related mortgage loans both the booklets and lists of HUD-certified homeownership counselors.

(Sec. 411) Requires the Secretary to inform potential homebuyers of the availability and importance of obtaining an independent home inspection.

(Sec. 412) Allocates specified funds to the Neighborhood Reinvestment Corporation for activities to make borrowers who are delinquent on certain loans aware of the dangers of fraudulent activities associated with foreclosure.

Title V: Mortgage Servicing - (Sec. 501) Amends TILA to require a creditor in a non-credit card consumer credit transaction secured by a first lien on the principal dwelling (other than a reverse mortgage) to establish an escrow or impound account for mandatory periodic payments or premiums (including taxes, insurance, and ground rents).

Prohibits making an escrow or impound account a condition of a real property sale contract or a loan secured by a first deed of trust or mortgage on the consumer's principal dwelling unless specified circumstances exist.

Requires such escrow or impound account to remain in existence for at least five years until sufficient equity exists in the property securing the transaction so that private mortgage insurance is no longer required, or unless the underlying mortgage is terminated.

States that: (1) escrow accounts need not be established for loans secured by shares in a cooperative; and (2) insurance premiums need not be included in escrow accounts for loans secured by condominium units if the condominium association has an obligation to unit owners to maintain a master insurance policy.

Requires: (1) escrow accounts to be established in a federally insured depository institution; and (2) each creditor to pay interest on the amount held in such accounts as required by state or federal law.

Requires specified disclosures to the consumer about a mandatory escrow or impound account before consummation of the credit transaction giving rise to such account.

(Sec. 502) Requires creditors to provide specified disclosures to consumers who waive escrow services.

(Sec. 503) Amends RESPA to prohibit the servicer of a federally related mortgage from engaging in certain practices, including obtaining force-placed hazard insurance unless there is a reasonable basis to believe the borrower has failed to comply with the loan contract requirements. (Force-placed hazard insurance is coverage obtained by the servicer when the borrower has failed to comply with hazard insurance requirements under the terms of the mortgage).

Prescribes notice and borrower non-response requirements for permitting loan servicers to obtain force-placed insurance.

Doubles the penalties for loan servicer noncompliance with RESPA disclosure requirements.

Reduces from 20 to five days the time limit within which loan servicers are required to respond to borrower inquiries.

Requires any remaining escrow balance that is within the control of the loan servicer at the time the loan is paid off to be: (1) promptly returned to the borrower within 20 business days; or (2) credited to a similar account for a new mortgage loan to the borrower with the same lender.

(Sec. 504) Amends TILA to prohibit a loan servicer, except in a specified circumstance, from failing to credit a payment to the consumer's account as of the date of receipt.

Requires a creditor or servicer of a home loan to send an accurate payoff balance no later than seven business days after receipt of a written request for it.

Requires repayment disclosures regarding a first mortgage- or lien-secured consumer credit transaction to take into account the amount of monthly escrow payments, including: (1) the taxable assessed value of the real property securing the transaction after consummation of the transaction; (2) the value of any improvements on the property or to be constructed on it; and (3) the replacement costs of the property for hazard insurance in the initial year after the transaction.

Title VI: Appraisal Activities - (Sec. 601) Amends TILA to set forth property appraisal requirements for a creditor who extends subprime mortgage credit to a consumer, including: (1) a written appraisal performed by a qualified appraiser who conducts a physical property visit of the interior of the mortgaged property; (2) a free copy of such appraisal to the applicant before the transaction closing date; and (3) a statement by the creditor at the time of the initial mortgage application that the appraisal is for its sole use, and that the applicant, at its own expense, may choose to have a separate appraisal.

Requires a creditor to obtain a second appraisal from a different qualified appraiser if the purpose of a subprime mortgage is to finance the purchase or acquisition of the mortgaged property from a person within 180 days of the purchase or acquisition of such property by that person at a price lower than the current sale price of the property.

(Sec. 602) Declares unfair and deceptive certain practices relating to consumer credit transaction secured by the consumer's principal dwelling.

Includes among unfair and deceptive practices any appraisal of a property offered as security in which a person with an interest in the underlying transaction compensates, coerces, extorts, colludes, instructs, induces, bribes, or intimidates a person conducting or involved in the appraisal.

Includes, in addition, among such practices: (1) mischaracterizing, or suborning mischaracterization of the appraised value of the property securing the extension of the credit; (2) seeking to influence an appraiser or otherwise to encourage a targeted value in order to facilitate the transaction; and (3) withholding or threatening to withhold timely payment for an appraisal report or for appraisal services rendered.

Prohibits any certified or licensed appraiser or appraisal management company from having an interest, financial or otherwise, in the property or transaction involving the appraisal.

Requires designated federal agencies to prescribe implementing regulations jointly. Subjects unfair and deceptive practices to civil penalties.

(Sec. 603) Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) to provide the Appraisal Subcommittee of the Federal Financial Institutions Examination Council (FIEC) with a consumer protection mandate.

Directs the Subcommittee to monitor the efforts of, and requirements established by, states and federal financial institutions regulatory agencies to protect consumers from improper appraisal practices and from predations of unlicensed appraisers in consumer credit transactions secured by a consumer's principal dwelling.

Requires the Subcommittee to detail in its annual report to Congress: (1) the results of all audits of state appraiser regulatory agencies; and (2) an accounting of disapproved actions and warnings taken in the previous year, including the conditions causing the disapproval and the actions taken to achieve compliance.

Requires meetings of the Subcommittee to be open to the public.

Requires: (1) all property appraisals performed within a state to be prepared by appraisers licensed or certified within the state where the property is located; and (2) all appraisal reviews to be performed by an appraiser licensed or certified by a state appraisal board.

Requires the Subcommittee to monitor state requirements for the registration and supervision of an appraisal management company.

Directs the Subcommittee to maintain a national registry of appraisal management companies that either are: (1) registered with and subject to supervision of a state appraiser certifying and licensing agency; or (2) operating subsidiaries of a federally regulated financial institution.

Requires the Appraiser Qualifications Board of the Appraisal Foundation to establish minimum qualifications a state must apply in the registration of appraisal management companies, including specified requirements.

Requires the appropriate federal financial institution regulatory agency to develop regulations affecting the operations of any appraisal management company that is a subsidiary owned and controlled by a federally regulated financial institution.

Sets forth: (1) registration limitations; (2) additional state agency reporting requirements; and (3) revised registry fees.

Authorizes the Subcommittee to award grants to state appraiser certifying and licensing agencies in order to support their compliance with this Act.

Authorizes the Subcommittee to: (1) remove a state licensed or certified appraiser or a registered appraisal management company from a national registry on an interim basis pending state agency action on licensing, certification, registration, and disciplinary proceedings; (2) impose sanctions against a state agency that fails to have an effective appraiser regulatory program; and (3) impose interim actions and suspensions against a state agency as an alternative to, or in advance of, derecognition of a state agency.

Requires a state appraiser certifying or licensing agency to issue a reciprocal certification or license for an individual with a valid certification or license from another state in compliance with this Act whose licensure standards meet or exceed those of the first state.

Requires the Subcommittee to monitor each state appraiser certifying and licensing agency to determine whether: (1) its policies, practices, and procedures are consistent with the purposes of maintaining appraiser independence; and (2) such state maintains effective regulations, and policies regarding maintaining appraiser independence.

Requires the Subcommittee, one year after enactment of this Act, to establish and operate an Appraisal Complaint National Hotline, including a toll-free telephone number and an email address, if none exists by that time.

Directs the Subcommittee to promulgate regulations to implement quality control standards governing automated valuation models (computerized models used by mortgage originators and secondary market issuers to determine the collateral worth of a mortgage secured by a consumer's principal dwelling).

Prohibits broker price opinions from being used as the primary basis to evaluate property for loan origination in connection with a residential mortgage loan secured by such property.

Amends the Federal Financial Institutions Examination Council Act of 1978 to require that at all times at least one member of the Appraisal Subcommittee have demonstrated knowledge and competence through licensure, certification, or professional designation within the appraisal profession.

(Sec. 604) Directs the Comptroller General to study and report to Congress on possible improvements in the appraisal process generally, and specifically on the consistency in and the effectiveness of, and possible improvements in, state compliance efforts and programs.

(Sec. 605) Amends the Equal Credit Opportunity Act (ECOA) to revise requirements that creditors provide loan applicants a copy of the appraisal report used in connection with the applicant's application for a loan that is or would have been secured by a lien on residential real property. Repeals the condition that the loan applicant request the copy. Requires a creditor to furnish the applicant a copy of all written appraisals and valuations within three days after the closing of the loan.

(Sec. 606) Amends RESPA to require the standard real estate settlement form to disclose, in the case of an appraisal coordinated by an appraisal management company, the fee paid directly by the company to the appraiser as well as the company's administration fee.

Title VII: Sense of Congress Regarding the Importance of Government Sponsored Enterprises Reform - (Sec. 701) Expresses the sense of Congress that efforts to enhance the terms of residential mortgage credit and practices by protection, limitation, and regulation would be incomplete without enactment of meaningful structural reforms of the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac).

Title VIII: Reports - (Sec. 801) Directs the Comptroller General to study and report to Congress on certain interagency efforts to crackdown on mortgage foreclosure rescue scams and loan modification fraud.

Title IX: Multifamily Mortgage Resolution - (Sec. 901) Directs the Secretary of the Treasury, in order to ensure the protection of current and future tenants of at-risk multifamily properties, to develop a program to stabilize multifamily properties that are either delinquent, at risk of default or disinvestment, or in foreclosure.

Title X: Study of Effect of Drywall Presence on Foreclosures - ( Sec. 1001) Directs HUD to study and report to Congress regarding the effect upon residential mortgage loan foreclosures of: (1) the presence of drywall imported from China between 2004 and the end of 2007; and (2) the availability of property insurance for residential structures in which such drywall is present.

Title XI: Guidelines for Purchase of Condominium and Cooperative Housing Mortgages - (Sec. 1101) Directs Fannie Mae and Freddie Mac to establish and revise, consistent with appropriate levels of credit risk, underwriting standards for the purchase of condominium and cooperative housing.

Recorded votes 5

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
House 242Passed300–114May 7, 2009
House 241Failed171–255May 7, 2009
House 240Failed167–259May 7, 2009
House 239Failed171–252May 7, 2009
House 238Agreed to245–176May 7, 2009

Cosponsors 11

Members who signed on, in the order they did. Signatures ran from Mar 26, 2009 to May 4, 2009; 6 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-MABarney FrankOriginalMar 26, 2009
D-ILLuis V. GutierrezOriginalMar 26, 2009
D-ILMelissa L. BeanOriginalMar 26, 2009
D-NCMelvin L. WattOriginalMar 26, 2009
D-PAPaul E. KanjorskiOriginalMar 26, 2009
D-IDWalter MinnickOriginalMar 26, 2009
D-OHBetty SuttonApr 23, 2009
D-CAJoe BacaApr 23, 2009
D-FLKendrick B. MeekApr 23, 2009
D-NYGregory W. MeeksApr 27, 2009
D-TXSheila Jackson LeeMay 4, 2009

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseFinancial Services Committee
Referred Mar 26, 2009Hearings Apr 23, 2009Markup Apr 29, 2009Reported May 4, 2009
SenateBanking, Housing, and Urban Affairs Committee
Referred May 12, 2009

Actions 49

Everything that happened, newest first.

  1. May 12, 2009Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
  2. May 7, 2009Considered as unfinished business. (consideration: CR H5325-5371)
  3. May 7, 2009The House resolved into Committee of the Whole House on the state of the Union for further consideration.
  4. May 7, 2009FUTHER CONSIDERATION OF H.R. 1728 - Pursuant to the provisions of H.Res. 406, the Committee of the Whole resumed consideration of H.R. 1728 and the amendments made in order thereto by the rule.
  5. May 7, 2009DEBATE - Pursuant to the provisions of H. Res. 406, the Committee of the Whole proceeded with 30 minutes of debate on the Frank (MA) amendment number 1.

In the Congressional Record 6

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
House · ExtensionsDebate and remarks E1131, H5562–H5568Brad Miller D-NC, Keith Ellison D-MN, Michael R. Turner R-OH, Rush Holt D-NJMay 13, 2009
ExtensionsDebate and remarks E1129Kurt Schrader D-ORMay 12, 2009
House · ExtensionsDebate and remarks E1083, E1085, E1086, E1087, E1106, H5312, H5313–H5324, H5325–H5371Text printed H5313, H5325–H5343Amendments H5315, H5325, H5344, H5350, H5352, H5353, H5354, H5356, H5357, H5358, H5359, H5360, H5361, H5362, H5364, H5369Motions H5369Recorded votes H5323, H5366, H5367, H5368, H5370enactFrank amendment (prohibit legal assistance or housing counseling grant funding to organizations that have been or employ individuals convicted of election law violations)McHenry amendment (strike certain provisions relating to high-cost mortgages)Price of Georgia amendment (require the FRS to certify provisions would not reduce availability or increase the price of credit for qualified mortgages)Anthony D. Weiner D-NY (amendment), Barbara Lee D-CA, Barney Frank D-MA (amendment), Bob Etheridge D-NC, Brad Miller D-NC, Charles A. Wilson D-OH, Chris Van Hollen D-MD, Dean Heller R-NV, Dennis A. Cardoza D-CA, Dennis Moore D-KS (amendment), Dina Titus D-NV (amendment), Donald A. Manzullo R-IL, Donna F. Edwards D-MD, Doris O. Matsui D-CA, Ed Perlmutter D-CO (amendment), Frank Kratovil, Jr. D-MD, Ginny Brown-Waite R-FL (amendment), Ike Skelton D-MO, James R. Langevin D-RI, Jared Polis D-CO, Jeb Hensarling R-TX (amendment), Jerry McNerney D-CA (amendment), John D. Dingell D-MI, John P. Sarbanes D-MD, Judy Biggert R-IL, Kathleen A. Dahlkemper D-PA (amendment), Keith Ellison D-MN, Linda T. Sánchez D-CA, Mario Diaz-Balart R-FL (amendment), Mary Jo Kilroy D-OH, Melvin L. Watt D-NC, Michele Bachmann R-MN, Nydia M. Velázquez D-NY, Patrick T. McHenry R-NC (amendment), Pete Sessions R-TX (amendment, motion), Randy Neugebauer R-TX, Robert Wexler D-FL, Sheila Jackson Lee D-TX, Shelley Moore Capito R-WV, Spencer Bachus R-AL (amendment), Steny H. Hoyer D-MD, Steve Driehaus D-OH, Tom Price R-GA (amendment), Vern Buchanan R-FL, Yvette D. Clarke D-NYMay 7, 2009
HouseDebate and remarks H5171, H5173, H5174–H5179, H5179–H5188, H5266Text printed H5174Declaratory Statements H5309Al Green D-TX, Albio Sires D-NJ, Barney Frank D-MA, Bill Pascrell, Jr. D-NJ, Brad Miller D-NC, Chellie Pingree D-ME, Erik Paulsen R-MN, Janice D. Schakowsky D-IL, Jeb Hensarling R-TX, Judy Biggert R-IL, Maxine Waters D-CA, Melissa L. Bean D-IL, Melvin L. Watt D-NC, Paul E. Kanjorski D-PA, Pete Sessions R-TX, Peter Welch D-VT, Randy Neugebauer R-TX, Scott Garrett R-NJ, Sheila Jackson Lee D-TX, Spencer Bachus R-ALMay 6, 2009
HouseDebate and remarks H5101, H5103, H5104, H5105, H5106, H5138–H5145Alan Grayson D-FL, Ben Ray Luján D-NM, Daniel B. Maffei D-NY, Diane E. Watson D-CA, Donna F. Edwards D-MD, James A. Himes D-CT, John A. Boccieri D-OH, Keith Ellison D-MN, Loretta Sanchez D-CA, Mary Jo Kilroy D-OH, Mazie K. Hirono D-HI, Paul Tonko D-NY, Steve Driehaus D-OH, Steve Kagen D-WI, Thomas S.P. Perriello D-VAMay 5, 2009
HouseDebate and remarks H5069Joe Baca D-CAMay 4, 2009

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimates 2

  1. May 4, 2009H.R. 1728, Mortgage Reform and Anti-Predatory Lending Act<p>Cost estimate for the bill as ordered reported by the House Committee on Financial Services on April 29, 2009 </p>
  2. May 4, 2009H.R. 1728, Mortgage Reform and Anti-Predatory Lending ActCost estimate for the bill as ordered reported by the House Committee on Financial Services on April 29, 2009

Printed hearings 11

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
Serial No. 111-120SECOND LIENS AND OTHER BARRIERS TO PRINCIPAL REDUCTION AS AN EFFECTIVE FORECLOSURE MITIGATION PROGRAM68 pagesFinancial Services CommitteeApr 13, 2010
S. Hrg. 111-502PROTECTING CONSUMERS FROM ABUSIVE OVERDRAFT FEES: THE FAIRNESS AND ACCOUNTABILITY IN RECEIVING OVERDRAFT COVERAGE ACT70 pagesBanking, Housing, and Urban Affairs CommitteeNov 17, 2009
Serial No. 111-88SYSTEMIC REGULATION, PRUDENTIAL MATTERS, RESOLUTION AUTHORITY, AND SECURITIZATION392 pagesFinancial Services CommitteeOct 29, 2009
S. Hrg. 111-397SECURITIZATION OF ASSETS: PROBLEMS AND SOLUTIONS81 pagesBanking, Housing, and Urban Affairs CommitteeOct 7, 2009
Serial No. 111-74PROPOSALS TO ENHANCE THE COMMUNITY REINVESTMENT ACT311 pagesFinancial Services CommitteeSep 16, 2009

CRS reports 1

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 1

Products on other subjects that cite it, usually among other measures.

ProductTitleKindPublished
R41616Housing Issues in the 111th Congress ArchivedReportJan 10, 2012

Amendments 15

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
HAmdt 107An amendment numbered 1 printed in House Report 111-98 as a manager's amendment to provide for various and sundry clarifying changes in the bill.Barney Frank D-MAOn agreeing to the Frank (MA) amendment (A001) Agreed to by voice vote.
HAmdt 108An amendment numbered 2 printed in House Report 111-98 to provide that no funds in the bill for legal assistance or housing counseling grants may be distributed to any organization which has been or which employs an individual who has been convicted for a violation under Federal law relating to an election for Federal office. (Description language has been modified pursuant to a previous unanimous consent agreement by the House.).Barney Frank D-MAOn agreeing to the Frank (MA) amendment (A002) Agreed to by recorded vote: 245 - 176 (Roll no. 238).
HAmdt 109An amendment numbered 3 printed in House Report 111-98 to provide assistance to the Neighborhood Reinvestment Corporation for activities, in connection with servicers of residential mortgage loans, to inform borrowers under such loans who are delinquent with respect to payments due under such loans of the dangers of fraudulent activities associated with foreclosure.Spencer Bachus R-ALOn agreeing to the Bachus amendment (A003) Agreed to by voice vote.
HAmdt 110An amendment numbered 4 printed in House Report 111-98 to reduce the grace period for renters renting a unit in violation of a mortgage contract when that property is sold to a purchaser who intends to use such property as an owner-occupied unit from 90 days to 30 days. Additionally, creditors may only accelerate debt repayment in certain circumstances.Ed Perlmutter D-COOn agreeing to the Perlmutter amendment (A004) Agreed to by voice vote.
HAmdt 111An amendment numbered 5 printed in House Report 111-98 to strike the assignee and securitizer liability provisions from the bill.Jeb Hensarling R-TXOn agreeing to the Hensarling amendment (A005) Failed by recorded vote: 171 - 252 (Roll no. 239).

Related bills 2

Companion bills and other measures the record links to this one.

Titles 5

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To amend the Truth in Lending Act to reform consumer mortgage practices and provide accountability for such practices, to provide certain minimum standards for consumer mortgage loans, and for other purposes.
Short Titles as Introduced
Mortgage Reform and Anti-Predatory Lending Act
Short Titles as Passed House
Mortgage Reform and Anti-Predatory Lending Act
Short Titles as Introduced for portions of this bill
Expand and Preserve Home Ownership Through Counseling Act
Short Titles as Passed House for portions of this bill
Expand and Preserve Home Ownership Through Counseling Act

Subjects

Assigned by the Library of Congress. Policy area: Housing and Community Development.

Text 4

Each version as it was printed, newest first.

  1. May 12, 2009Referred in Senate
  2. May 7, 2009Engrossed in House
  3. May 4, 2009Reported in House
  4. Mar 26, 2009Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.