I 

111TH CONGRESS 

1ST SESSION H. R. 2181 

To require servicers of mortgages on single family homes to provide notice 

to mortgagors of possible eligibility for Federal mortgage assistance. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 29, 2009 

Ms. TITUS (for herself and Mr. CARDOZA) introduced the following bill; which 

was referred to the Committee on Financial Services 

A BILL 

To require servicers of mortgages on single family homes 

to provide notice to mortgagors of possible eligibility 

for Federal mortgage assistance. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Mortgage Assistance 

5 Information and Scam Prevention Act of 2009’’. 

6 SEC. 2. NOTIFICATION OF FEDERAL ASSISTANCE. 

7 (a) NOTICE REQUIREMENT.—The Secretary of Hous8 ing and Urban Development (in this section referred to 

9 as the ‘‘Secretary’’) shall require each covered servicer to 

10 provide notice in accordance with this section to each 


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1 mortgagor under a covered mortgage serviced by such 

2 servicer. 

3 (b) COVERED SERVICERS; SERVICER.— 

4 (1) COVERED SERVICERS.—For purposes of 

5 this section, the term ‘‘covered servicer’’ means any 

6 servicer of a covered mortgage that has received any 

7 payments or fees under the Making Home Afford8 able Program of the Secretary of the Treasury, or 

9 under any program of the Department of Housing 

10 and Urban Development, in an aggregate amount of 

11 $1,000 or more. 

12 (2) SERVICER.—For purposes of this section, 

13 the term ‘‘servicer’’ has the meaning given such 

14 term in section 6(i) of the Real Estate Settlement 

15 Procedures Act of 1974 (12 U.S.C. 2605). 

16 (c) COVERED MORTGAGES.—For purposes of this 

17 section, the term ‘‘covered mortgage’’ means a first mort18 gage (as such term is defined in section 201 of the Na19 tional Housing Act (12 U.S.C. 1707)) on residential real 

20 property designed principally for occupancy of one to four 

21 families. 

22 (d) CONTENT.—Notice in accordance with this sec23 tion shall be notice, containing such information as the 

24 Secretary shall require, that is sufficient— 


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1 (1) to notify the mortgagor that the mortgagor 

2 may be eligible for Federal or federally related as3 sistance for homeowners; 

4 (2) to identify specific programs of the Depart5 ment of Housing and Urban Development, the Rural 

6 Housing Service of the Department of Agriculture, 

7 the Department of Veterans Affairs, the Department 

8 of the Treasury, the Federal National Mortgage As9 sociation, the Federal Home Loan Mortgage Cor10 poration, the Federal Home Loan Banks, and any 

11 other Federal or federally related agencies or entities 

12 that provide home mortgage relief, home mortgage 

13 refinancing, home loan modification, home mortgage 

14 foreclosure mitigation, homeowner stability or af15 fordability, or other homeowner assistance, includ16 ing— 

17 (A) the HOPE for Homeowners Program 

18 under section 257 of the National Housing Act 

19 (12 U.S.C. 1715z–23); 

20 (B) FHA programs for mortgage refi21 nancing under title II of such Act (12 U.S.C. 

22 1707 et seq.); and 

23 (C) programs for homeowners under the 

24 Homeowner Affordability and Stability Plan of 

25 the Secretary of the Treasury; and 


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1 (3) to explain how the mortgagor can obtain 

2 further information regarding such programs. 

3 (e) FORM AND MANNER.—Notice in accordance with 

4 this section with respect to a covered mortgage shall be 

5 provided in a form as shall be prescribed by the Secretary, 

6 and shall be provided by the same means, such as in writ7 ing provided by mail or in electronic form provided by elec8 tronic mail, that the servicer regularly uses for commu9 nication with the mortgagor under the mortgage. 

10 (f) PERIOD AND FREQUENCY OF NOTICE.—Notice in 

11 accordance with this section with respect to a covered 

12 mortgage shall be provided not less than once each cal13 endar quarter during the period that begins upon the ap14 plicability of the requirement under this section (pursuant 

15 to subsections (a) and (b)) to the servicer of the mortgage 

16 and ends upon a determination by the Secretary of Hous17 ing and Urban Development that payments to mortgage 

18 servicers under the programs referred to in subsection 

19 (b)(1) have terminated. 

Æ 


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