I 

111TH CONGRESS 

2D SESSION H. R. 4586 

To require, as a condition for modification of a home mortgage loan held 

by Fannie Mae or Freddie Mac or insured under the National Housing 

Act, that the mortgagor be verified under the E-Verify program. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 3, 2010 

Mr. MARCHANT (for himself, Mr. MCHENRY, Mr. LAMBORN, Mrs. LUMMIS, 

Mr. POSEY, Mr. HENSARLING, Mr. BURGESS, Mr. KING of Iowa, Mr. 

BILBRAY, Mr. BISHOP of Utah, Mr. CAMPBELL, Mr. GOHMERT, Mr. 

LUETKEMEYER, Mr. GINGREY of Georgia, Mr. PITTS, Mr. ROE of Tennessee, Mr. BARTLETT, Mr. FLEMING, Mrs. SCHMIDT, Ms. GRANGER, 

Ms. FALLIN, Mr. AKIN, and Mr. BRADY of Texas) introduced the following bill; which was referred to the Committee on Financial Services 

A BILL 

To require, as a condition for modification of a home mortgage loan held by Fannie Mae or Freddie Mac or insured 

under the National Housing Act, that the mortgagor 

be verified under the E-Verify program. 

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 E-Verify Act 

5 of 2010’’. 


pwalker on DSK8KYBLC1PROD with BILLS
2 

•HR 4586 IH

1 SEC. 2. VERIFICATION UNDER E-VERIFICATION PROGRAM. 

2 (a) FANNIE MAE.—Subsection (b) of section 302 of 

3 the Federal National Mortgage Association Charter Act 

4 (12 U.S.C. 1717(b)) is amended by adding at the end the 

5 following new paragraph: 

6 ‘‘(7)(A) Notwithstanding any other provision of law, 

7 the corporation may not— 

8 ‘‘(i) refinance, restructure, or modify, or other9 wise authorize or enter into any agreement for the 

10 refinancing, restructuring, or modification of any 

11 single-family housing mortgage that is held by or 

12 that backs any security issued by the corporation, or 

13 ‘‘(ii) purchase, or issue any security that is 

14 backed by, any single-family housing mortgage made 

15 for the refinancing, restructuring, or modification of 

16 the mortgagor’s previous single-family housing mort17 gage on the same property, 

18 unless the identity and work eligibility of the mort19 gagor under such mortgage has been confirmed by 

20 an inquiry under subparagraph (B). 

21 ‘‘(B) An inquiry under this subparagraph is an in22 quiry made through the basic pilot program under section 

23 403(a) of the Illegal Immigration Reform and Immigrant 

24 Responsibility Act of 1996 (8 U.S.C. 1324a note; com25 monly referred to as the E-Verify program). Notwith26 standing any other provision of law, lenders for singleVerDate Nov 24 2008 20:16 Feb 23, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4586.IH H4586

pwalker on DSK8KYBLC1PROD with BILLS
3 

•HR 4586 IH

1 family housing mortgages and the corporation may submit 

2 such inquiries regarding the identities and work eligibility 

3 of mortgagors under such mortgages, and may be provided 

4 confirmations and nonconfirmations pursuant to such in5 quiries, under such basic pilot program. 

6 ‘‘(C) For purposes of this paragraph, the term ‘sin7 gle-family housing mortgage’ means a mortgage that is 

8 secured by a 1- to 4-family residence.’’. 

9 (b) FREDDIE MAC.—Subsection (a) of section 305 of 

10 the Federal Home Loan Mortgage Corporation Act (12 

11 U.S.C. 1454(a)) is amended by adding at the end the fol12 lowing new paragraph: 

13 ‘‘(6)(A) Notwithstanding any other provision of law, 

14 the Corporation may not— 

15 ‘‘(i) refinance, restructure, or modify, or other16 wise authorize or enter into any agreement for the 

17 refinancing, restructuring, or modification of any 

18 single-family housing mortgage that is held by or 

19 that backs any security issued by the Corporation, 

20 or 

21 ‘‘(ii) purchase, or issue any security that is 

22 backed by, any single-family housing mortgage made 

23 for the refinancing, restructuring, or modification of 

24 the mortgagor’s previous single-family housing mort25 gage on the same property, 


pwalker on DSK8KYBLC1PROD with BILLS
4 

•HR 4586 IH

1 unless the identity and work eligibility of the mort2 gagor under such mortgage has been confirmed by 

3 an inquiry under subparagraph (B) 

4 ‘‘(B) An inquiry under this subparagraph is an in5 quiry made through the basic pilot program under section 

6 403(a) of the Illegal Immigration Reform and Immigrant 

7 Responsibility Act of 1996 (8 U.S.C. 1324a note; com8 monly referred to as the E-Verify program). Notwith9 standing any other provision of law, lenders for single10 family housing mortgages and the Corporation may sub11 mit such inquiries regarding the identities and work eligi12 bility of mortgagors under such mortgages, and may be 

13 provided confirmations and nonconfirmations pursuant to 

14 such inquiries, under such basic pilot program. 

15 ‘‘(C) For purposes of this paragraph, the term ‘sin16 gle-family housing mortgage’ means a mortgage that is 

17 secured by a 1- to 4-family residence.’’. 

18 (c) FHA.—Title II of the National Housing Act (12 

19 U.S.C. 1707 et seq.) is amended by adding at the end 

20 the following new section: 

21 ‘‘SEC. 543. E-VERIFICATION REQUIREMENT FOR MODIFICA22 TION OF MORTGAGES. 

23 ‘‘(a) PROHIBITION.—Notwithstanding any other pro24 vision of law, the Secretary may not— 


pwalker on DSK8KYBLC1PROD with BILLS
5 

•HR 4586 IH

1 ‘‘(1) authorize or enter into any agreement for 

2 the refinancing, restructuring, or modification of any 

3 single-family housing mortgage that is insured by 

4 the Secretary under this Act, or 

5 ‘‘(2) insure any single-family housing mortgage 

6 made for the refinancing, restructuring, or modifica7 tion of the mortgagor’s previous single-family hous8 ing mortgage on the same property, 

9 unless the identity and work eligibility of the mortgagor 

10 under such mortgage has been confirmed by an inquiry 

11 under subsection (b). 

12 ‘‘(b) E-VERIFY INQUIRIES.—An inquiry under this 

13 subsection is an inquiry made through the basic pilot pro14 gram under section 403(a) of the Illegal Immigration Re15 form and Immigrant Responsibility Act of 1996 (8 U.S.C. 

16 1324a note; commonly referred to as the E-Verify pro17 gram). Notwithstanding any other provision of law, lend18 ers for single-family housing mortgages and the Secretary 

19 may submit such inquiries regarding the identities and 

20 work eligibility of mortgagors under such mortgages, and 

21 may be provided confirmations and nonconfirmations pur22 suant to such inquiries, under such basic pilot program. 

23 ‘‘(c) SINGLE-FAMILY HOUSING MORTGAGE.—For 

24 purposes of this paragraph, the term ‘single-family housVerDate Nov 24 2008 20:16 Feb 23, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4586.IH H4586

pwalker on DSK8KYBLC1PROD with BILLS
6 

•HR 4586 IH

1 ing mortgage’ means a mortgage that is secured by a 1- 

2 to 4-family residence.’’. 

Æ 


pwalker on DSK8KYBLC1PROD with BILLS