H.Amdt. 110House111th Congress (2009-2011)

An 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.

What it does: 3 changes: inserts text in 2 places, rewrites a provision
Submitted May 7, 2009

Description

Amendment changes the grace period for renters who are renting a unit in violation of a mortgage contract put into place when that property is sold to a purchaser who intends to use the property as an owner-occupied unit, from 90 days to 30 days. Further, the amendment provides that creditors may only accelerate debt repayment in circumstances involving default in payment, a due-on-sale clause or a material violation in the contract.

What it changes

3 changes to H.R. 1728 · 2 shown in the bill's text

Inserts text in 2 placesRewrites a provision
  1. Change 1: Inserts “(i)” before “such notice to vacate”

    InsertsSection 220(a)(2)(B)

    In H.R. 1728 · Reported in House

    (B) [inserted: (i) ]such notice to vacate shall be provided by the purchaser to the tenant in such unit at least 90 days before the effective date of such notice.

    Original wording

    (1) insert “(i)” before “such notice to vacate”; and

  2. Change 2: Inserts “; and (ii) with respect to a single-family residence for which the borrower rented the un…” before the period

    InsertsSection 220(a)(2)(B)

    In H.R. 1728 · Reported in House

    Struck: (B) such notice to vacate shall be provided by the purchaser to the tenant in such unit at least 90 days before the effective date of such notice.

    Inserted: (B) such notice to vacate shall be provided by the purchaser to the tenant in such unit at least 90 days before the effective date of such notice; and (ii) with respect to a single-family residence for which the borrower rented the unit in violation of the mortgage contract, such notice to vacate shall be provided by the purchaser to the tenant in such unit at least 30 days before the effective date of such notice, and shall include a copy of the mortgage contract prohibiting the rental of the unit.

    Original wording

    (2) insert before the period the following: “; and (ii) with respect to a single-family residence for which the borrower rented the unit in violation of the mortgage contract, such notice to vacate shall be provided by the purchaser to the tenant in such unit at least 30 days before the effective date of such notice, and shall include a copy of the mortgage contract prohibiting the rental of the unit”.

  3. Change 3: Rewrites subsection (l) of section 129 of subparagraph (B) of paragraph (2) of subsection (a) of section 220

    ReplacesSubsection (l) of section 129 of subparagraph (B) of paragraph (2) of subsection (a) of section 220 of the Truth in Lending Act (as added by section 303 of the bill)

    Removes subsection (l) of section 129 of subparagraph (B) of paragraph (2) of subsection (a) of section 220.

    Inserted: (l) Acceleration of Debt.--No high-cost mortgage may contain a provision which permits the creditor to accelerate the indebtedness, except when repayment of the loan has been accelerated by default in payment, or pursuant to a due-on-sale provision, or pursuant to a material violation of some other provision of the loan document unrelated to payment schedule.

    Original wording

    Amend section 129(l) of the Truth in Lending Act (as added by section 303 of the bill) to read as follows:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

In section 220(a)(2)(B)--

(1) insert “(i)” before “such notice to vacate”; and

(2) insert before the period the following: “; and (ii) with respect to a single-family residence for which the borrower rented the unit in violation of the mortgage contract, such notice to vacate shall be provided by the purchaser to the tenant in such unit at least 30 days before the effective date of such notice, and shall include a copy of the mortgage contract prohibiting the rental of the unit”.

Amend section 129(l) of the Truth in Lending Act (as added by section 303 of the bill) to read as follows:

“(l) Acceleration of Debt.--No high-cost mortgage may contain a provision which permits the creditor to accelerate the indebtedness, except when repayment of the loan has been accelerated by default in payment, or pursuant to a due-on-sale provision, or pursuant to a material violation of some other provision of the loan document unrelated to payment schedule.”.

Legislative Activity

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5 earlier actions
Floor Latest Action

House amendment offered

May 7, 2009

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Floor

House amendment offered

May 7, 2009

Not Used

Amendment agreed to Committee of the Whole

May 7, 2009 • 12:53 PM

Floor

House amendment agreed to: On agreeing to the Perlmutter amendment (A004) Agreed to by voice vote.

May 7, 2009 • 12:53 PM

Not Used

House amendment offered/reported by : Amendment (A004) offered by Mr. Perlmutter.(consideration: CR H5353-5354; text: CR H5353)

May 7, 2009 • 12:45 PM

Floor

Amendment (A004) offered by Mr. Perlmutter. (consideration: CR H5353-5354; text: CR H5353)

May 7, 2009 • 12:45 PM

Floor

On agreeing to the Perlmutter amendment (A004) Agreed to by voice vote.

May 7, 2009 • 12:53 PM