Union Calendar No. 438
115th CONGRESS 2d Session |
[Report No. 115–578]
To amend the Truth in Lending Act to provide a safe harbor from certain requirements related to qualified mortgages for residential mortgage loans held on an originating depository institution’s portfolio, and for other purposes.
April 28, 2017
Mr. Barr (for himself, Mr. Amodei, Mr. Emmer, Mr. Hill, Mr. Hultgren, Mr. Johnson of Ohio, Mr. Lucas, Mr. Luetkemeyer, Mr. Marchant, Mr. Messer, Mr. Pearce, Mr. Pittenger, Mr. Poliquin, Mr. Royce of California, Mr. Rothfus, Mr. Stewart, Mr. Stivers, Mr. Tipton, Mrs. Wagner, Mr. Walberg, Mr. Williams, Mr. Davidson, Mr. King of New York, Mr. Loudermilk, Mr. McHenry, Mr. Posey, Mr. Kustoff of Tennessee, Mr. Huizenga, Mr. Hollingsworth, Mr. Duffy, Mr. Trott, and Mr. Blum) introduced the following bill; which was referred to the Committee on Financial Services
February 23, 2018
Additional sponsors: Mr. Arrington, Ms. Tenney, Mr. Ross, Mr. King of Iowa, Mr. Poe of Texas, Mr. Coffman, Mr. Womack, Mr. Cole, and Mr. Brendan F. Boyle of Pennsylvania
February 23, 2018
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on April 28, 2017]
To amend the Truth in Lending Act to provide a safe harbor from certain requirements related to qualified mortgages for residential mortgage loans held on an originating depository institution’s portfolio, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SEC. 2. Minimum standards for residential mortgage loans.
Section 129C(b) of the Truth in Lending Act (15 U.S.C. 1639c(b)) is amended by adding at the end the following:
“(4) SAFE HARBOR.—
“(A) IN GENERAL.—A residential mortgage loan shall be deemed a qualified mortgage loan for purposes of this subsection if the loan—
“(ii) is in compliance with the limitations with respect to prepayment penalties described in subsections (c)(1) and (c)(3);
“(B) EXCEPTION FOR CERTAIN TRANSFERS.—Subparagraph (A) shall not apply to a residential mortgage loan if the legal title to such residential mortgage loan is sold, assigned, or otherwise transferred to another person unless the legal title to such residential mortgage loan is sold, assigned, or otherwise transferred—
“(i) to another person by reason of the bankruptcy or failure of the covered institution that originated such loan;
“(ii) to an insured depository institution or insured credit union that has less than $10,000,000,000 in total consolidated assets on the date of such sale, assignment, or transfer, if the loan is retained in portfolio by such insured depository institution or insured credit union;
“(iii) pursuant to a merger of the covered institution that originated such loan with another person or the acquisition of a the covered institution that originated such loan by another person or of another person by a covered institution, if the loan is retained in portfolio by the person to whom the loan is sold, assigned, or otherwise transferred; or
“(C) CONSIDERATION AND DOCUMENTATION REQUIREMENTS.—The consideration and documentation requirements described in subparagraph (A)(v) shall—
“(D) DEFINITIONS.—In this paragraph—
“(i) the term ‘covered institution’ means an insured depository institution or an insured credit union that, together with its affiliates, has less than $10,000,000,000 in total consolidated assets on the date on the origination of a residential mortgage loan;
“(ii) the term ‘insured credit union’ has the meaning given the term in section 101 of the Federal Credit Union Act (12 U.S.C. 1752);
“(iii) the term ‘insured depository institution’ has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813);
Union Calendar No. 438 | |||||
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[Report No. 115–578] | |||||
A BILL | |||||
To amend the Truth in Lending Act to provide a safe harbor from certain requirements related to qualified mortgages for residential mortgage loans held on an originating depository institution’s portfolio, and for other purposes. | |||||
February 23, 2018 | |||||
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed |