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 provisionDescription
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
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
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”.
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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House amendment offered
May 7, 2009
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House amendment offered
May 7, 2009
Amendment agreed to Committee of the Whole
May 7, 2009 • 12:53 PM
House amendment agreed to: On agreeing to the Perlmutter amendment (A004) Agreed to by voice vote.
May 7, 2009 • 12:53 PM
House amendment offered/reported by : Amendment (A004) offered by Mr. Perlmutter.(consideration: CR H5353-5354; text: CR H5353)
May 7, 2009 • 12:45 PM
Amendment (A004) offered by Mr. Perlmutter. (consideration: CR H5353-5354; text: CR H5353)
May 7, 2009 • 12:45 PM
On agreeing to the Perlmutter amendment (A004) Agreed to by voice vote.
May 7, 2009 • 12:53 PM