I
112th CONGRESS
1st Session
H. R. 1498
IN THE HOUSE OF REPRESENTATIVES
April 12, 2011
Mr. Rooney (for himself and Mr. Andrews) introduced the following bill; which was referred to the Committee on Financial Services
A BILL
To require the lender or servicer of a home mortgage, upon a request by the homeowner for a short sale, to make a prompt decision whether to allow the sale.
Short title
This Act may be cited as the
Prompt Decision for Qualification of
Short Sale Act of 2011
.
Prompt decision regarding short sale
In general
Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by inserting before section 130 (15 U.S.C. 1640) the following new section:
Prompt decision regarding short sale
Requirement
Except as provided in subsection (b) and notwithstanding any other provision of law or of any contract, including a contract between a servicer of a residential mortgage loan and a securitization vehicle or other investment vehicle, if the mortgagor under a residential mortgage loan submits to the servicer of the mortgage loan a written request for a short sale of the dwelling or residential real property that is subject to the mortgage, deed or trust, or other security interest that secures the mortgage loan, and all information required by the servicer in connection with such a request (including a copy of an executed contract between the owner of the dwelling or property and the prospective buyer that is subject to approval by the servicer), and the mortgagor does not receive from the servicer, before the expiration of the 45-day period beginning upon receipt by the servicer of such request and information, a written notification of whether such request has been approved, that such request has been approved subject to specified changes, or that additional information is required for such a determination, such request shall be considered to have been approved by the servicer.
Inapplicability to certain existing mortgages
Subsection (a) shall not apply with respect to any residential mortgage with respect to which the mortgagor and the mortgagee or servicer have entered into a written agreement before the date of the enactment of the Prompt Decision for Qualification of Short Sale Act of 2011 explicitly providing a procedure or terms for approval of a short sale.
Treatment of other time limits
This section may not be construed to preempt, annul, or otherwise affect any other provision of law or of any contract or program that provides a shorter period than is provided under subsection (a) for a decision by the servicer of a residential mortgage loan regarding a short sale of the dwelling or residential real property that is subject to the mortgage, deed or trust, or other security interest that secures the mortgage loan.
Definitions
For purposes of this section, the following definitions shall apply:
Residential mortgage loan
The term
residential mortgage loan
means any consumer credit transaction
that is secured by a mortgage, deed of trust, or other equivalent consensual
security interest on a dwelling or on residential real property that includes a
dwelling, other than a consumer credit transaction under an open end credit
plan or an extension of credit relating to a plan described in section 101(53D)
of title 11, United States Code.
Securitization vehicle
The term securitization vehicle
means a
trust, special purpose entity, or other legal structure that is used to
facilitate the issuing of securities, participation certificates, or similar
instruments backed by or referring to a pool of assets that includes
residential mortgage loans (or instruments that are related to residential
mortgage loans, such as credit-linked notes).
Servicer
The
term servicer
has the meaning provided in section 129A, except
that such term includes a person who makes or holds a residential mortgage loan
(including a pool of residential mortgage loans) if such person also services
the loan.
Short sale
The term short
sale
means the sale of the dwelling or residential real property that
is subject to the mortgage, deed or trust, or other security interest that
secures a residential mortgage loan that—
will result in proceeds in an amount that is less than the remaining amount due under the mortgage loan; and
requires authorization by the securitization vehicle or other investment vehicle or holder of the mortgage loan, or the servicer acting on behalf of such a vehicle or holder.
.
Applicability
The amendment made by subsection (a) of this section shall apply to any written request for a short sale made after the date of the enactment of this Act.