Bill Text
111th Congress (2009-2010)
H.R.1728.RFS


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H.R.1728 -- Mortgage Reform and Anti-Predatory Lending Act (Referred in Senate - RFS)


Beginning
May 12, 2009
    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    Sec. 1. Short title; table of contents.
TITLE I--RESIDENTIAL MORTGAGE LOAN ORIGINATION STANDARDS
    SEC. 101. DEFINITIONS.
    SEC. 102. RESIDENTIAL MORTGAGE LOAN ORIGINATION.
    `Sec. 129B. Residential mortgage loan origination
    SEC. 103. PROHIBITION ON STEERING INCENTIVES.
    SEC. 104. LIABILITY.
    SEC. 105. REGULATIONS.
    SEC. 106. RESPA AND TILA DISCLOSURE IMPROVEMENT.
    SEC. 107. STUDY OF SHARED APPRECIATION MORTGAGES.
TITLE II--MINIMUM STANDARDS FOR MORTGAGES
    SEC. 201. ABILITY TO REPAY.
    `Sec. 129C. Minimum standards for residential mortgage loans
    SEC. 202. NET TANGIBLE BENEFIT FOR REFINANCING OF RESIDENTIAL MORTGAGE LOANS.
    SEC. 203. SAFE HARBOR AND REBUTTABLE PRESUMPTION.
    SEC. 204. LIABILITY.
    SEC. 205. DEFENSE TO FORECLOSURE.
    SEC. 206. ADDITIONAL STANDARDS AND REQUIREMENTS.
    SEC. 207. RULE OF CONSTRUCTION.
    SEC. 208. EFFECT ON STATE LAWS.
    SEC. 209. REGULATIONS.
    SEC. 210. AMENDMENTS TO CIVIL LIABILITY PROVISIONS.
    SEC. 211. LENDER RIGHTS IN THE CONTEXT OF BORROWER DECEPTION.
    SEC. 212. SIX-MONTH NOTICE REQUIRED BEFORE RESET OF HYBRID ADJUSTABLE RATE MORTGAGES.
    `Sec. 128A. Reset of hybrid adjustable rate mortgages
    SEC. 213. CREDIT RISK RETENTION.
    SEC. 214. REQUIRED DISCLOSURES.
    SEC. 215. DISCLOSURES REQUIRED IN MONTHLY STATEMENTS FOR RESIDENTIAL MORTGAGE LOANS.
    SEC. 216. LEGAL ASSISTANCE FOR FORECLOSURE-RELATED ISSUES.
    SEC. 217. EFFECTIVE DATE.
    SEC. 218. REPORT BY THE GAO.
    SEC. 219. STATE ATTORNEY GENERAL ENFORCEMENT AUTHORITY.
    SEC. 220. TENANT PROTECTION.
TITLE III--HIGH-COST MORTGAGES
    SEC. 301. DEFINITIONS RELATING TO HIGH-COST MORTGAGES.
    SEC. 302. AMENDMENTS TO EXISTING REQUIREMENTS FOR CERTAIN MORTGAGES.
    SEC. 303. ADDITIONAL REQUIREMENTS FOR CERTAIN MORTGAGES.
    SEC. 304. REGULATIONS.
    SEC. 305. EFFECTIVE DATE.
TITLE IV--OFFICE OF HOUSING COUNSELING
    SEC. 401. SHORT TITLE.
    SEC. 402. ESTABLISHMENT OF OFFICE OF HOUSING COUNSELING.
    SEC. 403. COUNSELING PROCEDURES.
    SEC. 404. GRANTS FOR HOUSING COUNSELING ASSISTANCE.
    SEC. 405. REQUIREMENTS TO USE HUD-CERTIFIED COUNSELORS UNDER HUD PROGRAMS.
    SEC. 406. STUDY OF DEFAULTS AND FORECLOSURES.
    SEC. 407. DEFAULT AND FORECLOSURE DATABASE.
    SEC. 408. DEFINITIONS FOR COUNSELING-RELATED PROGRAMS.
    SEC. 409. ACCOUNTABILITY AND TRANSPARENCY FOR GRANT RECIPIENTS.
    SEC. 410. UPDATING AND SIMPLIFICATION OF MORTGAGE INFORMATION BOOKLET.
    SEC. 411. HOME INSPECTION COUNSELING.
    SEC. 412. WARNINGS TO HOMEOWNERS OF FORECLOSURE RESCUE SCAMS.
TITLE V--MORTGAGE SERVICING
    SEC. 501. ESCROW AND IMPOUND ACCOUNTS RELATING TO CERTAIN CONSUMER CREDIT TRANSACTIONS.
    `SEC. 129D. ESCROW OR IMPOUND ACCOUNTS RELATING TO CERTAIN CONSUMER CREDIT TRANSACTIONS.
    SEC. 502. DISCLOSURE NOTICE REQUIRED FOR CONSUMERS WHO WAIVE ESCROW SERVICES.
    SEC. 503. REAL ESTATE SETTLEMENT PROCEDURES ACT OF 1974 AMENDMENTS.
    SEC. 504. TRUTH IN LENDING ACT AMENDMENTS.
    `SEC. 129F. REQUIREMENTS FOR PROMPT CREDITING OF HOME LOAN PAYMENTS.
    `SEC. 129G. REQUESTS FOR PAYOFF AMOUNTS OF HOME LOAN.
    SEC. 505. ESCROWS INCLUDED IN REPAYMENT ANALYSIS.
TITLE VI--APPRAISAL ACTIVITIES
    SEC. 601. PROPERTY APPRAISAL REQUIREMENTS.
    `SEC. 129H PROPERTY APPRAISAL REQUIREMENTS.
    SEC. 602. UNFAIR AND DECEPTIVE PRACTICES AND ACTS RELATING TO CERTAIN CONSUMER CREDIT TRANSACTIONS.
    `SEC. 129E. UNFAIR AND DECEPTIVE PRACTICES AND ACTS RELATING TO CERTAIN CONSUMER CREDIT TRANSACTIONS.
    `SEC. 1124. APPRAISAL MANAGEMENT COMPANY MINIMUM QUALIFICATIONS.
    `SEC. 1125. AUTOMATED VALUATION MODELS USED TO VALUE CERTAIN MORTGAGES.
    `SEC. 1126. BROKER PRICE OPINIONS.
    SEC. 604. STUDY REQUIRED ON IMPROVEMENTS IN APPRAISAL PROCESS AND COMPLIANCE PROGRAMS.
    SEC. 605. EQUAL CREDIT OPPORTUNITY ACT AMENDMENT.
    SEC. 606. REAL ESTATE SETTLEMENT PROCEDURES ACT OF 1974 AMENDMENT RELATING TO CERTAIN APPRAISAL FEES.
TITLE VII--SENSE OF CONGRESS REGARDING THE IMPORTANCE OF GOVERNMENT SPONSORED ENTERPRISES REFORM
TITLE VIII--REPORTS
    SEC. 801. GAO STUDY REPORT ON GOVERNMENT EFFORTS TO COMBAT MORTGAGE FORECLOSURE RESCUE SCAMS AND LOAN MODIFICATION FRAUD.
TITLE IX--MULTIFAMILY MORTGAGE RESOLUTION
    SEC. 901. MULTIFAMILY MORTGAGE RESOLUTION PROGRAM.
TITLE X--STUDY OF EFFECT OF DRYWALL PRESENCE ON FORECLOSURES
    SEC. 1001. STUDY OF EFFECT OF DRYWALL PRESENCE ON FORECLOSURES.
TITLE XI--FANNIE MAE GUIDELINES FOR PURCHASE OF CONDOMINIUM AND COOPERATIVE HOUSING MORTGAGES
    SEC. 1101. GUIDELINES FOR PURCHASE OF CONDOMINIUM AND COOPERATIVE HOUSING MORTGAGES.


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