H.Amdt. 3House111th Congress (2009-2011)

An amendment numbered 2 printed in House Report 111-3 to provide a sense of Congress stating that TARP participants, who receive from future TARP funds, should not initiate a foreclosure proceeding or foreclosure sale on any principal homeowner until the new systematic loan modification plan is implemented and deemed fully operational by the Secretary and Chair of FDIC.

What it does: Adds SEC. 206. FORECLOSURE MORATORIUM RECOMMENDATION on page 32, line 19
Submitted January 15, 2009

Description

Amendment expresses the sense of the Congress that financial institutions which receive future TARP funds should not foreclose on any principal homeowner until the new loan modification program in the bill is implemented and deemed fully operational.

What it changes

1 change to H.R. 384

Adds a section
  1. Adds SEC. 206. FORECLOSURE MORATORIUM RECOMMENDATION on page 32, line 19

    Adds a sectionPrinted page

    Inserted: SEC. 206. FORECLOSURE MORATORIUM RECOMMENDATION.

    Inserted: (a) Foreclosure Deferment.--It is the sense of the Congress that any institution which becomes an assisted institution on or after the date of the enactment of this Act should not initiate, or allow to continue, a foreclosure proceeding or a foreclosure sale on any with respect to any principal homeowner mortgage, until the earliest of the following:

    Inserted: (1) The date by which the comprehensive plan to prevent and mitigate foreclosures has been developed by the Secretary and the Federal Deposit Insurance Corporation and approved by the Financial Stability Oversight Board under section 201 and become fully operational.

    Inserted: (2) The date by which the systematic foreclosure prevention and mortgage modification plan has been established by the Secretary in accordance with section 204 and become fully operational.

    Inserted: (3) The end of the 9-month period beginning on the date of the enactment of this Act.

    Inserted: (b) FHA-Regulated Loan Modification Agreements.--If an assisted institution to which subsection (a) applies reaches a loan modification agreement with a homeowner under the auspices of the Federal Housing Administration before any plan referred to in paragraph (1) or (2) of such subsection takes effect, subsection (a) shall cease to apply to such institution as of the effective date of the loan modification agreement.

    Inserted: (c) Duty of Consumer to Maintain Property.--Any homeowner for whose benefit any foreclosure proceeding or sale is barred under subsection (a) from being instituted, continued , or consummated with respect to any homeowner mortgage may not, with respect to any property securing such mortgage, destroy, damage, or impair such property, allow the property to deteriorate, or commit waste on the property.

    Inserted: (d) Duty of Consumer to Respond to Reasonable Inquiries.--Any homeowner for whose benefit any foreclosure proceeding or sale is barred under subsection (a) from being instituted, continued, or consummated with respect to any homeowner mortgage shall respond to reasonable inquiries from a creditor or servicer during the period during which such foreclosure proceeding or sale is barred.

    Original wording

    Page 32, after line 19 insert the following new section (and redesignate the subsequent section and conform the table of contents accordingly):

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

As printed

Page 32, after line 19 insert the following new section (and redesignate the subsequent section and conform the table of contents accordingly):

SEC. 206. FORECLOSURE MORATORIUM RECOMMENDATION.

(a) Foreclosure Deferment.--It is the sense of the Congress that any institution which becomes an assisted institution on or after the date of the enactment of this Act should not initiate, or allow to continue, a foreclosure proceeding or a foreclosure sale on any with respect to any principal homeowner mortgage, until the earliest of the following:

(1) The date by which the comprehensive plan to prevent and mitigate foreclosures has been developed by the Secretary and the Federal Deposit Insurance Corporation and approved by the Financial Stability Oversight Board under section 201 and become fully operational.

(2) The date by which the systematic foreclosure prevention and mortgage modification plan has been established by the Secretary in accordance with section 204 and become fully operational.

(3) The end of the 9-month period beginning on the date of the enactment of this Act.

(b) FHA-Regulated Loan Modification Agreements.--If an assisted institution to which subsection (a) applies reaches a loan modification agreement with a homeowner under the auspices of the Federal Housing Administration before any plan referred to in paragraph (1) or (2) of such subsection takes effect, subsection (a) shall cease to apply to such institution as of the effective date of the loan modification agreement.

(c) Duty of Consumer to Maintain Property.--Any homeowner for whose benefit any foreclosure proceeding or sale is barred under subsection (a) from being instituted, continued , or consummated with respect to any homeowner mortgage may not, with respect to any property securing such mortgage, destroy, damage, or impair such property, allow the property to deteriorate, or commit waste on the property.

(d) Duty of Consumer to Respond to Reasonable Inquiries.--Any homeowner for whose benefit any foreclosure proceeding or sale is barred under subsection (a) from being instituted, continued, or consummated with respect to any homeowner mortgage shall respond to reasonable inquiries from a creditor or servicer during the period during which such foreclosure proceeding or sale is barred.

Legislative Activity

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5 earlier actions
Floor Latest Action

House amendment offered

January 15, 2009

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Floor

House amendment offered

January 15, 2009

Not Used

Amendment agreed to Committee of the Whole

January 15, 2009 • 12:14 PM

Floor

House amendment agreed to: On agreeing to the Matsui amendment (A002) Agreed to by voice vote.

January 15, 2009 • 12:14 PM

Not Used

House amendment offered/reported by : Amendment (A002) offered by Ms. Matsui.(consideration: CR H355-357; text: CR H355-356)

January 15, 2009 • 12:02 PM

Floor

Amendment (A002) offered by Ms. Matsui. (consideration: CR H355-357; text: CR H355-356)

January 15, 2009 • 12:02 PM

Floor

On agreeing to the Matsui amendment (A002) Agreed to by voice vote.

January 15, 2009 • 12:14 PM