I 
111TH CONGRESS 
2D SESSION 
H. R. 6304 
To establish in the Department of the Treasury the Office of the Homeowner 
Advocate to assist homeowners, housing counselors, and housing lawyers 
in resolving problems with the Home Affordable Modification Program. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 29, 2010 
Mr. BACA (for himself, Mr. GUTIERREZ, Mr. MILLER of North Carolina, Mr. 
MEEKS of New York, and Mr. SIRES) introduced the following bill; which 
was referred to the Committee on Financial Services 
A BILL 
To establish in the Department of the Treasury the Office 
of the Homeowner Advocate to assist homeowners, hous-
ing counselors, and housing lawyers in resolving problems 
with the Home Affordable Modification Program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Office of the Home-
owner Advocate Act of 2010’’. 
SEC. 2. OFFICE OF THE HOMEOWNER ADVOCATE. 
(a) ESTABLISHMENT.—There is established in the 
Department of the Treasury an office to be known as the 
VerDate Mar 15 2010 
18:36 Oct 12, 2010
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6304.IH
H6304
emcdonald on DSK2BSOYB1PROD with BILLS
‘‘Office of the Homeowner Advocate’’ (in this Act referred 
to as the ‘‘Office’’). 
(b) DIRECTOR.— 
(1) IN GENERAL.—The Director of the Office of 
the Homeowner Advocate (in this Act referred to as 
the ‘‘Director’’) shall be appointed by the Secretary 
of the Treasury, after consultation with the Sec-
retary of the Department of Housing and Urban De-
velopment, and without regard to the provisions of 
title 5, United States Code, relating to appointments 
in the competitive service or the Senior Executive 
Service. 
(2) SUPERVISOR; COMPENSATION.—The Direc-
tor shall report directly to the Assistant Secretary of 
the Treasury for Financial Stability, and shall be en-
titled to compensation at the same rate as the high-
est rate of basic pay established for the Senior Exec-
utive Service under section 5382 of title 5, United 
States Code. 
(3) QUALIFICATIONS.—An individual appointed 
under paragraph (1) shall have— 
(A) experience as an advocate for home-
owners; and 
(B) experience dealing with mortgage 
servicers. 
VerDate Mar 15 2010 
18:36 Oct 12, 2010
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6304.IH
H6304
emcdonald on DSK2BSOYB1PROD with BILLS
(4) RESTRICTION ON EMPLOYMENT.—An indi-
vidual may be appointed as Director only if such in-
dividual was not an officer or employee of a mort-
gage servicer or the Department of the Treasury 
during the 4-year period ending on the date of such 
appointment. 
(5) HIRING
AUTHORITY.—The Director shall 
have the authority to hire staff, obtain support by 
contract, and manage the budget of the Office of the 
Homeowner Advocate. 
SEC. 3. FUNCTIONS OF THE OFFICE. 
(a) IN GENERAL.—It shall be the function of the Of-
fice— 
(1) to assist homeowners, housing counselors, 
and housing lawyers in resolving problems with the 
Home Affordable Modification Program of the Mak-
ing Home Affordable initiative of the Secretary of 
the Treasury, authorized under the Emergency Eco-
nomic Stabilization Act of 2008 (in this title re-
ferred to as the ‘‘Home Affordable Modification Pro-
gram’’); 
(2) to identify areas, both individual and sys-
tematic, in which homeowners, housing counselors, 
and housing lawyers have problems in dealings with 
the Home Affordable Modification Program; 
VerDate Mar 15 2010 
18:36 Oct 12, 2010
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6304.IH
H6304
emcdonald on DSK2BSOYB1PROD with BILLS
(3) to the extent possible, to propose changes in 
the administrative practices of the Home Affordable 
Modification Program to mitigate problems identi-
fied under paragraph (2); 
(4) to identify potential legislative changes 
which may be appropriate to mitigate such problems; 
and 
(5) to implement other programs and initiatives 
that the Director considers important in assisting 
homeowners, housing counselors, and housing law-
yers to resolve problems with the Home Affordable 
Modification Program, which may include— 
(A) running a triage hotline for home-
owners at risk of foreclosure; 
(B) providing homeowners with access to 
housing counseling programs of the Department 
of Housing and Urban Development at no cost 
to the homeowner; 
(C) developing Internet tools related to the 
Home Affordable Modification Program; and 
(D) developing training and educational 
materials. 
(b) AUTHORITY.— 
(1) IN GENERAL.—Staff designated by the Di-
rector shall have the authority to implement mort-
VerDate Mar 15 2010 
18:36 Oct 12, 2010
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6304.IH
H6304
emcdonald on DSK2BSOYB1PROD with BILLS
gage servicer remedies, on a case-by-case basis, sub-
ject to the approval of the Assistant Secretary of the 
Treasury for Financial Stability. 
(2) LIMITATIONS ON FORECLOSURES.—A mort-
gage servicer participating in the Home Affordable 
Modification Program may not initiate or continue a 
foreclosure proceeding until the earlier of the date 
on which the Office of the Homeowner Advocate 
case involving a homeowner who applied for a loan 
modification under such Program is closed, or 60 
days since the opening of the Office of the Home-
owner Advocate case involving such homeowner has 
passed, except that nothing in this section may be 
construed to relieve any mortgage servicers from any 
otherwise applicable rules, directives, or similar guid-
ance under the Program relating to the continuation 
or completion of foreclosure proceedings. 
(3) 
RESOLUTION
OF
HOMEOWNER
CON-
CERNS.—The Director shall, to the extent possible, 
resolve all homeowner concerns not later than 30 
days after the opening of a case with such home-
owner. 
(c) COMMENCEMENT OF OPERATIONS.—The Director 
shall commence its operations, as required by this Act, not 
VerDate Mar 15 2010 
18:36 Oct 12, 2010
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6304.IH
H6304
emcdonald on DSK2BSOYB1PROD with BILLS
4 times a year or at any time at the request of the Chairs 
of either committee. 
(b) REPORTS.—The Director shall provide annually 
to Congress a detailed report on the Home Affordable 
Modification Program. Such report shall contain a full and 
substantive analysis of the Program, in addition to statis-
tical information, including, at a minimum— 
(1) data and analysis of the types and volume 
of complaints received from homeowners, housing 
counselors, and housing lawyers, disaggregated by 
category of mortgage servicer, except that mortgage 
servicers may not be identified by name in the re-
port; 
(2) a summary of not fewer than 20 of the 
most serious problems encountered by participants 
of the Home Affordable Modification Program, in-
cluding a description of the nature of such problems; 
(3) to the extent known, identification of the 10 
most litigated issues for participants of the Home 
Affordable Modification Program, including rec-
ommendations for mitigating such disputes; 
(4) data and analysis on the resolutions of the 
complaints received from homeowners, housing coun-
selors, and housing lawyers; 
VerDate Mar 15 2010 
18:36 Oct 12, 2010
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6304.IH
H6304
emcdonald on DSK2BSOYB1PROD with BILLS
(5) identification of any programs or initiatives 
that the Director has taken to improve the Home 
Affordable Modification Program; 
(6) recommendations for such administrative 
and legislative action as may be appropriate to re-
solve problems encountered by participants of the 
Home Affordable Modification Program; and 
(7) such other information as the Director con-
siders advisable. 
SEC. 6. FUNDING. 
Amounts made available for the costs of administra-
tion of the Home Affordable Modification Program that 
are not otherwise obligated to such Program shall be avail-
able to carry out the functions of the Office. Funding shall 
be maintained at levels adequate to reasonably carry out 
such functions. 
Æ 
VerDate Mar 15 2010 
18:36 Oct 12, 2010
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6301
E:\BILLS\H6304.IH
H6304
emcdonald on DSK2BSOYB1PROD with BILLS