H.R. 421House111th Congress (2009-2011)In Committee

Troubled Assets Relief Program Targeted Assets Act of 2009

Introduced January 9, 2009

Legislative Activity

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HouseIntro Referral Latest Action

Referred to the House Committee on Financial Services.

January 9, 2009

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HouseIntro Referral

Introduced in House

January 9, 2009

HouseIntro Referral

Referred to the House Committee on Financial Services.

January 9, 2009

Floor Debate

20 members

What members said about H.R. 421 on the floor

6 Republicans14 Democrats
Barney Frank
Rep. Barney FrankD-MA-4 · Jan 14, 2009

Mr. Chairman, just as in baseball, sometimes a player who made a great defensive play is first up. After his stellar role in the chair, I yield 3 minutes to the gentleman from Massachusetts (Mr.…

Spencer Bachus
Rep. Spencer BachusR-AL-6 · Jan 14, 2009

Mr. Chairman, I yield an additional 4 minutes to the gentleman from New Jersey (Mr. Garrett). I yield the gentleman 1 additional minute. May I inquire as to how much time is left on each side? I…

Scott Garrett
Rep. Scott GarrettR-NJ-5 · Jan 14, 2009

I thank the ranking member. You know, Mr. Chairman, this debate and maybe this vote is an exercise in futility. Our distinguished chairman has already noted in various media outlets that he doesn't…

Randy Neugebauer
Rep. Randy NeugebauerR-TX-19 · Jan 14, 2009

I thank the gentleman. I want to reiterate one point that was made earlier, and I think is maybe one of the most important points that has been made here today, and that is that we don't have another…

Michael E. Capuano
Rep. Michael E. CapuanoD-MA-8 · Jan 14, 2009

My colleague is easily impressed, but thank you very much. Mr. Chairman, we have to back up a little bit and remind ourselves what we are debating here. We are debating a bill that amends the TARP…

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Kendrick B. Meek
Rep. Kendrick B. MeekD-FL-17 · Jan 14, 2009

Mr. Chair, I rise in general support of H.R. 384. The bill requires that the Treasury implement some combination of programs designed to mitigate foreclosures. This is very important to the people of…

Betty McCollum
Rep. Betty McCollumD-MN-4 · Jan 14, 2009

Mr. Chair, I rise today to express strong disappointment in the Treasury Department's failure to exercise oversight and accountability in its implementation of the Troubled Asset Relief Program,…

Bill Posey
Rep. Bill PoseyR-FL-15 · Jan 14, 2009

Mr. Chair, as a new Member in the 111th Congress, I did not have the opportunity to vote against the Troubled Asset Relief Program, or TARP, when it passed last year. At the time, I raised a number…

Joe Sestak
Rep. Joe SestakD-PA-7 · Jan 14, 2009

I rise to make four points in support of this bill. First, I believe the U.S. Government response has actually been too timid and too slow. Let me just take, for example, the failure of this House on…

Melissa L. Bean
Rep. Melissa L. BeanD-IL-8 · Jan 14, 2009

Mr. Chairman, I rise in support of H.R. 384, the TARP Reform and Accountability Act. Thank you for yielding, and I want to thank the chairman for his leadership on this issue. Last fall this Congress…

Bill Foster
Rep. Bill FosterD-IL-14 · Jan 14, 2009

I rise in reluctant support of the TARP program as executed to date, in optimistic support of the TARP program as it will executed by the Obama administration, and in full-throated support of H.R.…

Elijah E. Cummings
Rep. Elijah E. CummingsD-MD-7 · Jan 14, 2009

Thank you very much. Mr. Chairman, I rise to express my support of H.R. 384, the TARP Reform and Accountability Act, a tough piece of legislation that brings overdue reforms to the management of the…

Louie Gohmert
Rep. Louie GohmertR-TX-1 · Jan 14, 2009

Mr. Chairman, it is a pleasure to follow my dear friend from Texas, from Houston, the former judge in Houston. And I appreciate him saying he wants to stand with the homeowners. I don't think when we…

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Edolphus Towns
Rep. Edolphus TownsD-NY-10 · Jan 14, 2009

Mr. Chairman, I rise in support of H.R. 384, the TARP Reform and Accountability Act of 2009. This bill will improve the Troubled Asset Relief Program that was enacted as part of the Emergency…

Al Green
Rep. Al GreenD-TX-9 · Jan 14, 2009

Thank you, Mr. Chairman. Mr. Chairman, Dr. King, whose birthday we are about to celebrate this month, reminds us that the truest measure of the person is not where you stand in times of comfort and…

Ted Poe
Rep. Ted PoeR-TX-2 · Jan 14, 2009

I thank the gentleman for yielding. I think the ranking member said it best yesterday when there were hearings on this that there was a time in this country when the people would go to the bank and…

Anna G. Eshoo
Rep. Anna G. EshooD-CA-14 · Jan 14, 2009

Mr. Chairman, I rise to engage in a colloquy with the chairman of the Financial Services Committee, Mr. Frank. When Congress originally drafted the Emergency Economic Stabilization Act of 2008, I…

Corrine Brown
Rep. Corrine BrownD-FL-3 · Jan 14, 2009

First of all, let me thank you, Mr. Chairman, for your leadership on this area. I voted for the TARP bill, and I've got to tell you I've been very disappointed in many areas; whether we're talking…

Joe Donnelly
Rep. Joe DonnellyD-IN-2 · Jan 14, 2009

Mr. Chairman, I rise for purposes of engaging in a colloquy with the chairman, Mr. Frank. Mr. Chairman, title IV of the bill regarding consumer loans urges the Secretary to establish or support…

David Scott
Rep. David ScottD-GA-13 · Jan 14, 2009

Mr. Chairman, I yield 2 minutes to a very talented and energetic member of the committee, the gentlelady from Illinois (Ms. Bean). I yield the gentlelady an additional 30 seconds.

Bill Text

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Introduced in HouseIssued January 9, 2009

I

111th CONGRESS

1st Session

H. R. 421

IN THE HOUSE OF REPRESENTATIVES

January 9, 2009

Mr. Meek of Florida introduced the following bill; which was referred to the Committee on Financial Services

A BILL

To amend the Emergency Economic Stabilization Act of 2008 to restrict which assets banks can write off as loss for purposes of the Troubled Assets Relief Program, and for other purposes.

1.

Short title

This Act may be cited as the Troubled Assets Relief Program Targeted Assets Act of 2009.

2.

Definitions

Section 3 of the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110–343) is amended by striking paragraph (9) and inserting the following new paragraphs:

(9)

Troubled assets

The term troubled assets means—

(A)

any residential mortgage, and any security, obligation, or other instrument that is based on or related to such mortgage—

(i)

is in pre-foreclosure;

(ii)

with respect to which the borrower has missed at least 2 payments within the last 6 months; or

(iii)

which is in forbearance; or

(B)

any other financial instrument that the Secretary, after consultation with the Chairman of the Board of Governors of the Federal Reserve System, determines the purchase of which is necessary to promote financial market stability, but only upon transmittal of such determination, in writing, to the appropriate committees of Congress.

(10)

Rehabilitated mortgage

The term rehabilitated mortgage means a mortgage which has been restructured, refinanced or otherwise modified to lower the borrower’s monthly payment—

(A)

creating a front-end debt ratio, including the cost of mortgage principal, interest, taxes, and insurance, of no more than 30 percent of the gross monthly income of the borrower; or

(B)

to a term deemed affordable by the borrower after full disclosure by the lender and pursuant to rules as may be established by the Secretary.

(11)

Independent appraiser

The term independent appraiser means a person who—

(A)

is licensed pursuant to the laws and regulations of the State where the person practices;

(B)

is disclosed to the borrower or buyer; and

(C)

is not coerced, extorted, induced, intimidated, bribed or otherwise influenced by or in collusion with the mortgage lender, mortgaged broker, mortgage banker, real estate broker, appraisal management company or other persons or companies having a vested interest in the transaction.

.

3.

Limit on authority to write off losses

Section 101 of the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110–343) is amended by striking subsection (a) and inserting the following new subsection:

(a)

Authority

(1)

In general

The Secretary is authorized to establish the Troubled Asset Restoration and Assistance Program (hereafter in this title referred to as the TARAP) to allow the Treasury to purchase lender or servicer losses on rehabilitated mortgages, on such terms and conditions as are defined in this Act and determined by the Secretary.

(2)

Authority to purchase

Through the TARAP, the Treasury shall pay up to 80 percent of the difference between the original asset and the rehabilitated asset to the lender or servicer under certain conditions.

(3)

Write off of remainder

That portion of the difference between the original asset and the rehabilitated asset to the lender or servicer that is not paid for by the Secretary under paragraph (2) may be written to loss.

.

4.

Regulations and guidelines

Section 101(c) of the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110–343) is amended by striking paragraph (5) and inserting the following new paragraphs:

(5)

Issuing such regulations and other guidance as may be necessary or appropriate to define terms or carry out the authorities or purposes of this title including determining qualifications for an independent appraiser, making the final determinations as to whether an asset is troubled, what the values are that will determine the amount of purchase, the amount of reductions in the purchase price for purposes of subsection (d)(2), and any other functionality issues required to operate the program.

(6)

Conforming to guidelines established in subsection (g), the Secretary is authorized to make all necessary rules and determinations regarding documented best efforts, required timelines, and other processes and procedures.

.

5.

Eligible asset

Section 101 of the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110–343) is amended—

(1)

by striking subsection (d);

(2)

by redesignating subsection (e) as subsection (i); and

(3)

by inserting after subsection (c) the following new subsections:

(d)

Eligible Assets

(1)

In general

An asset is eligible for TARAP if—

(A)

it is the borrower’s primary residence; and

(B)

it—

(i)

is a troubled asset, as defined in section 3(9); or

(ii)

it was a troubled asset but has been rehabilitated by the servicer or lender (as defined in section 3(10)) on or after October 3, 2008, and allowing the borrower to remain in the borrower’s home.

(2)

Assets not included

An asset is not eligible for TARAP if—

(A)

it was valued at more than 150 percent of the current fair market value; and

(B)

the original value was assessed solely by the lender’s appraiser,

unless the servicer or lender agrees to such reduction in the purchase amount as the Secretary may require as a condition for the purchase.
(f)

Eligible lender or servicer

A lender or servicer is eligible for TARAP assistance if—

(1)

the lender or servicer has agreed to full disclosure requirements as may be established by the Secretary; or

(2)

the lender or servicer has agreed to use an independent appraiser and standard appraisal practices as may be established by the Secretary;

(g)

Program Guidelines

(1)

TARAP shall pay a servicer or lender up to 80 percent of the difference between the original asset and rehabilitated asset pursuant to such regulations as may be prescribed by the Secretary.

(2)

The servicer or lender shall use documented best efforts, prior to foreclosure, to work with the borrower to create an affordable front-end debt ratio of up to 30 percent of the borrower’s gross monthly income.

(3)

The Secretary may establish mechanisms to provide for those assets which cannot be rehabilitated under the preceding guidelines.

(h)

Program termination

All authority under this section ceases no later than December 31, 2009.

.

6.

Deferral of all foreclosures on any principal dwelling of a consumer for a 90-day period

(a)

In general

Notwithstanding any provision of any State or Federal law, after the date of the enactment of this Act, no creditor, servicer, or holder of such mortgage, or any other person acting on behalf of any such creditor, servicer, or holder, may take any action to initiate a foreclosure, whether judicial or nonjudicial, or any action in connection with a foreclosure already instituted other than to suspend such foreclosure, with respect to any eligible mortgage of a consumer, until the end of the 90-day period beginning on the date of the enactment of this Act.

(b)

Action by consumer

(1)

In general

After the date of the enactment of this Act, any consumer shall have the right to defer any initiation of a foreclosure, whether judicial or nonjudicial, or any action in connection with a foreclosure already instituted, including any foreclosure sale, with respect to any eligible mortgage by any creditor, servicer, or holder of such mortgage, or any other person acting on behalf of any such creditor, servicer, or holder, until the end of the 90-day period beginning on the date of the enactment of this Act.

(2)

Enforcement of right

Any consumer may defend against a foreclosure or bring an action in any court of competent or general jurisdiction to compel compliance with the right of the consumer under paragraph (1) to defer any initiation of a foreclosure or any action in connection with a foreclosure already instituted, including any foreclosure sale, with respect to any eligible mortgage.

(c)

Rule of construction

No provision of this section shall be construed as affecting or altering the obligations of the consumer under the terms of the eligible mortgage notwithstanding any deferral of foreclosure.

(d)

Eligible mortgage defined

For purposes of this section, the term eligible mortgage means any residential mortgage loan to any consumer that constitutes a first lien on the dwelling or real property securing the loan which constitutes, or on which is located, the principal residence of the consumer.