H.R. 1153House115th Congress (2017-2019)Passed House

Mortgage Choice Act of 2017

Introduced February 16, 2017

AI-Generated Summary

Updated April 15, 2026 at 1:04 PM UTC

The Mortgage Choice Act of 2017 changes the definition of “points and fees” used in the Truth in Lending Act for mortgage loans. It expands what costs are counted, clarifies which charges are considered third‑party fees, and updates related references. The changes affect mortgage lenders, borrowers, and any affiliated businesses that take part in the loan process.

Key Provisions

  • Amends TILA Section 103(bb)(4) to add insurance to the list of taxes that can be included in points and fees.
  • Adds an exception allowing charges retained by a creditor or its affiliate in an affiliated business arrangement to be excluded from the points‑and‑fees definition.
  • Redefines a charge as either a bona‑fide third‑party charge not retained by the lender or a charge listed in Section 106(e)(1), and removes the previous “accident” language.
  • Updates cross‑references in TILA Section 129C to point to the revised Section 103 definition.
  • Requires the Consumer Financial Protection Bureau to issue final regulations implementing these changes within 90 days of the law’s enactment.

Legislative Activity

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16 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

February 12, 2018

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HouseIntro Referral

Introduced in House

February 16, 2017

HouseIntro Referral

Referred to the House Committee on Financial Services.

February 16, 2017

HouseCommittee

Committee Consideration and Mark-up Session Held.

November 14, 2017

HouseCommittee

Ordered to be Reported by the Yeas and Nays: 46 - 13.

November 14, 2017

HouseCommittee

Reported by the Committee on Financial Services. H. Rept. 115-522.

January 22, 2018

HouseCalendars

Placed on the Union Calendar, Calendar No. 387.

January 22, 2018

HouseFloor

Rules Committee Resolution H. Res. 725 Reported to House. The resolution provides for one hour of debate on each measure. The resolution also waives the requirement of clause 6(a) of rule XIII for a two-thirds vote to consider a report from the Committee on Rules on the same day it is presented to the House with respect to any resolution reported through the legislative day of February 9, 2018. It shall be in order at any time on the legislative day of February 8, 2018 or February 9, 2018 for the Speaker to entertain motions to suspend the rules.

February 5, 2018 • 7:23 PM

HouseFloor

Considered under the provisions of rule H. Res. 725. (consideration: CR H906-965; text: CR H907)

February 7, 2018 • 9:13 AM

HouseFloor

The resolution provides for one hour of debate on each measure. The resolution also waives the requirement of clause 6(a) of rule XIII for a two-thirds vote to consider a report from the Committee on Rules on the same day it is presented to the House with respect to any resolution reported through the legislative day of February 9, 2018. It shall be in order at any time on the legislative day of February 8, 2018 or February 9, 2018 for the Speaker to entertain motions to suspend the rules.

February 7, 2018 • 9:13 AM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 1153.

February 7, 2018 • 9:14 AM

HouseFloor

The previous question was ordered pursuant to the rule.

February 7, 2018 • 6:21 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 1153, the Chair put the question on passage of the bill, and by voice vote announced that the ayes had prevailed. Mr. Hensarling demanded the yeas and nays, and the Chair postponed further proceedings on the question of passage until a time to be announced.

February 7, 2018 • 6:21 PM

HouseFloor

Considered as unfinished business. (consideration: CR H981-982)

February 8, 2018 • 10:28 AM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 280 - 131 (Roll no. 64).

February 8, 2018 • 10:58 AM

HouseFloor

On passage Passed by the Yeas and Nays: 280 - 131 (Roll no. 64).

February 8, 2018 • 10:58 AM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

February 8, 2018 • 10:58 AM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

February 12, 2018

Floor Debate

20 members

What members said about H.R. 1153 on the floor

11 Republicans9 Democrats
Nancy Pelosi
Rep. Nancy PelosiD-CA-12 · Feb 7, 2018

Mr. Speaker, I thank the gentlewoman for yielding, and I congratulate her on her extraordinary leadership as the ranking Democrat on the Financial Services Committee. She has been a champion for…

Maxine Waters
Rep. Maxine WatersD-CA-43 · Feb 7, 2018

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I rise today in opposition to H.R. 1153, the so-called Mortgage Choice Act of 2017. Unfortunately, this bill is yet another…

Ken Buck
Rep. Ken BuckR-CO-4 · Feb 6, 2018

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 725 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Bill Huizenga
Rep. Bill HuizengaR-MI-2 · Feb 7, 2018

Madam Speaker, I rise today in support of H.R. 1153. As someone who worked in the housing industry, in fact, for the third generation, this is a very important issue to me and, more importantly, to…

Jeb Hensarling
Rep. Jeb HensarlingR-TX-5 · Feb 7, 2018

Madam Speaker, pursuant to House Resolution 725, I call up the bill (H.R. 1153) to amend the Truth in Lending Act to improve upon the definitions provided for points and fees in connection with a…

Show 8 more
Alcee L. Hastings
Rep. Alcee L. HastingsD-FL-20 · Feb 6, 2018

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I thank the gentleman from Colorado (Mr. Buck) for yielding me the customary 30 minutes for debate. I rise today to debate this…

David A. Trott
Rep. David A. TrottR-MI-11 · Feb 7, 2018

Mr. Speaker, I rise in support of the bipartisan, commonsense Mortgage Choice Act, sponsored by the Congressman from Michigan (Mr. Huizenga). Mr. Speaker, I am proud to be a cosponsor of this…

Ann M. Kuster
Rep. Ann M. KusterD-NH-2 · Feb 6, 2018

Mr. Speaker, I thank the gentleman for yielding time to me. Mr. Speaker, in New Hampshire and all across this country, people are dying every day. Communities have been devastated by the heroin and…

Mia B. Love
Rep. Mia B. LoveR-UT-4 · Feb 6, 2018

Mr. Speaker, I rise in support of the rule and in support of the underlying bills: H.R. 772, the Common Sense Nutrition Disclosure Act of 2017; H.R. 1153, the Mortgage Choice Act of 2017; and my…

Keith J. Rothfus
Rep. Keith J. RothfusR-PA-12 · Feb 7, 2018

Mr. Speaker, I rise today to express my support for H.R. 1153, the Mortgage Choice Act. As a cosponsor of the bill and the vice chairman of the Financial Institutions and Consumer Credit…

Ralph Norman
Rep. Ralph NormanR-SC-5 · Feb 7, 2018

Mr. Speaker, I rise today to speak in favor of H.R. 1153, the Mortgage Choice Act of 2017. This bipartisan legislation is essential to help low- and middle- income families gain access to qualified…

Warren Davidson
Rep. Warren DavidsonR-OH-8 · Feb 7, 2018

Mr. Speaker, I rise today to offer my support for H.R. 1153, the Mortgage Choice Act. This bill is another example of a rollback of the burdensome regulations of Dodd-Frank and, many would say,…

Ann Wagner
Rep. Ann WagnerR-MO-2 · Feb 7, 2018

Mr. Speaker, H.R. 1153, the Mortgage Choice Act, provides needed clarity to the calculation of points and fees for qualified mortgages, or QM, especially for those companies affiliated with real…

Show 9 more
Gene Green
Rep. Gene GreenD-TX-29 · Feb 8, 2018

Mr. Speaker, I was unable to vote on the morning of Thursday, February 8, 2018, due to personal circumstances. If I had been able to vote, I would have voted as folows: On passage of H.R. 1153, the…

Peter J. Visclosky
Rep. Peter J. ViscloskyD-IN-1 · Feb 13, 2018

Mr. Speaker, on February 8, 2018, I was absent from the House and missed Roll Call votes 64 and 65. Had I been present for Roll Call 64, on passage of H.R. 1153, the Mortgage Choice Act of 2017, I…

Timothy J. Walz
Rep. Timothy J. WalzD-MN-1 · Feb 13, 2018

Mr. Speaker, I was absent for Roll Call No. 57 (on the Motion to Table the Appeal of the Ruling of the Chair) and Roll Call No. 64 (H.R. 1153, Mortgage Choice Act of 2017). Had I been present, I…

Garret Graves
Rep. Garret GravesR-LA-6 · Feb 8, 2018

Mr. Speaker, I was unavoidably detained while meeting with Louisiana pastors after the National Prayer Breakfast. Had I been present, I would have voted ``yea'' on rollcall No. 64 and ``nay'' on…

Luis V. Gutierrez
Rep. Luis V. GutierrezD-IL-4 · Feb 6, 2018

Mr. Speaker, I was unavoidably absent in the House chamber for rollcall votes, 53, 54, and 55 on Tuesday, February 6, 2018. Had I been present, I would have voted ``nay'' on rollcall votes 53, 54,…

Richard Hudson
Rep. Richard HudsonR-NC-8 · Feb 8, 2018

Mr. Speaker, I was unavoidably detained and forced to miss this vote series. Had I been present, I would have voted ``Yea'' on rollcall No. 64 and ``Nay'' on rollcall No. 65. personal explanation

James R. Langevin
Rep. James R. LangevinD-RI-2 · Feb 8, 2018

Mr. Speaker, I was unavoidably detained. Had I been present, I would have voted ``nay'' on rollcall No. 64.

Jeb Hensarling
Rep. Jeb HensarlingR-TX-5 · Feb 8, 2018

Mr. Speaker, on that I demand the yeas and nays.

Alcee L. Hastings
Rep. Alcee L. HastingsD-FL-20 · Feb 6, 2018

Mr. Speaker, I demand a recorded vote.

Bill Text

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Latest
Referred in SenateIssued February 12, 2018

IIB

115th CONGRESS

2d Session

H. R. 1153

IN THE SENATE OF THE UNITED STATES

February 12, 2018

Received; read twice and referred to the Committee on Banking, Housing, and Urban Affairs

AN ACT

To amend the Truth in Lending Act to improve upon the definitions provided for points and fees in connection with a mortgage transaction.

1.

Short title

This Act may be cited as the Mortgage Choice Act of 2017.

2.

Definition of points and fees

(a)

Amendment to section 103 of TILA

Section 103(bb)(4) of the Truth in Lending Act (15 U.S.C. 1602(bb)(4)) is amended—

(1)

by striking paragraph (1)(B) and inserting paragraph (1)(A) and section 129C;

(2)

in subparagraph (C)—

(A)

by inserting and insurance after taxes;

(B)

in clause (ii), by inserting , except as retained by a creditor or its affiliate as a result of their participation in an affiliated business arrangement (as defined in section 2(7) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602(7)) after compensation; and

(C)

by striking clause (iii) and inserting the following:

(iii)

the charge is—

(I)

a bona fide third-party charge not retained by the mortgage originator, creditor, or an affiliate of the creditor or mortgage originator; or

(II)

a charge set forth in section 106(e)(1);

; and

(3)

in subparagraph (D)—

(A)

by striking accident,; and

(B)

by striking or any payments and inserting and any payments.

(b)

Amendment to section 129C of TILA

Section 129C of the Truth in Lending Act (15 U.S.C. 1639c) is amended—

(1)

in subsection (a)(5)(C), by striking 103 and all that follows through or mortgage originator and inserting 103(bb)(4); and

(2)

in subsection (b)(2)(C)(i), by striking 103 and all that follows through or mortgage originator) and inserting 103(bb)(4).

3.

Rulemaking

Not later than the end of the 90-day period beginning on the date of the enactment of this Act, the Bureau of Consumer Financial Protection shall issue final


regulations to carry out the amendments made by this Act, and such regulations shall be effective upon issuance.

Passed the House of Representatives February 8, 2018.

Karen L. Haas,

Clerk