I 
111TH CONGRESS 
2D SESSION 
H. R. 4635 
To require lenders of loans with Federal guarantees or Federal insurance 
to consent to mandatory mediation. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 22, 2010 
Ms. FUDGE (for herself, Ms. WATERS, Mr. MEEK of Florida, Ms. SUTTON, 
and Ms. KILROY) introduced the following bill; which was referred to the 
Committee on Financial Services, and in addition to the Committee on 
Veterans’ Affairs, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To require lenders of loans with Federal guarantees or 
Federal insurance to consent to mandatory mediation. 
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 ‘‘Foreclosure Mandatory 
Mediation Act of 2010’’. 
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SEC. 2. MANDATORY MEDIATION. 
Title I of the Helping Families Save Their Homes 
Act of 2009 (Public Law 111–22; 12 U.S.C. 5201 note) 
is amended by adding at the end the following: 
‘‘SEC. 106. MANDATORY MEDIATION. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, before a qualified mortgagee may initiate 
a foreclosure proceeding or a sheriff sale, the qualified 
mortgagee shall conduct, consistent with any applicable 
State or local requirements, a one-time mediation with the 
affected mortgagor and a housing counseling agency, at 
the expense of the qualified mortgagee. 
‘‘(b) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘housing counseling agency’ 
means— 
‘‘(A) a housing counseling agency certified 
by the Secretary under section 106(e) of the 
Housing and Urban Development Act of 1968 
(12 U.S.C. 1701x(e)); or 
‘‘(B) a neighborhood housing services pro-
gram established by the Neighborhood Rein-
vestment Corporation under section 606 of the 
Housing and Community Development Amend-
ments of 1978 (42 U.S.C. 8105); and 
‘‘(2) the term ‘qualified mortgagee’ means an 
entity— 
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‘‘(A) that makes a mortgage loan for, or 
holds a note secured by, a one- to four-family 
residence that is— 
‘‘(i) insured under title II of the Na-
tional Housing Act (12 U.S.C. 1707 et 
seq.); 
‘‘(ii) guaranteed, insured, or made 
under chapter 37 of title 38, United States 
Code; 
‘‘(iii) made, guaranteed, or insured 
under title V of the Housing Act of 1949 
(42 U.S.C. 1471 et seq.); or 
‘‘(iv) eligible for purchase by the Fed-
eral National Mortgage Association or the 
Federal Home Loan Mortgage Corpora-
tion; or 
‘‘(B) that is acting, or otherwise author-
ized to act, as the mortgagee of record for a 
lender, including any entity, such as the Mort-
gage 
Electronic 
Registration 
Systems 
or 
MERS, acting as a nominee for a lender in any 
suit brought against a mortgagor.’’. 
Æ 
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