I 
111TH CONGRESS 
1ST SESSION H. R. 1123 
To require the filing of certain information regarding a residential mortgage 
in any proceeding for foreclosure of the mortgage. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 23, 2009 
Ms. KAPTUR (for herself and Mr. CONYERS) introduced the following bill; 
which was referred to the Committee on Financial Services 
A BILL 
To require the filing of certain information regarding a resi-
dential mortgage in any proceeding for foreclosure of 
the mortgage. 
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 ‘‘Produce the Note Act 
of 2009’’. 
SEC. 2. REQUIRED INFORMATION AND NOTICE. 
Notwithstanding any other provision of State or Fed-
eral law, no foreclosure, whether judicial or nonjudicial, 
may be commenced with respect to a covered residential 
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mortgage unless the person commencing the foreclosure 
complies with all of the following requirements: 
(1) SUBMISSION OF INFORMATION.—The per-
son commencing the foreclosure shall submit to the 
court, in the case of a judicial foreclosure, or to the 
office of the State or other subdivision of the State 
to which notice of default, foreclosure, or sale of the 
foreclosed property is required under State law to be 
submitted, in the case of a nonjudicial foreclosure, 
a report prepared by an independent party that in-
cludes the following information: 
(A) A statement of findings as to whether 
the covered residential mortgage was made and 
serviced in compliance with the terms of, and 
regulations under, the following laws: 
(i) The Truth in Lending Act (15 
U.S.C. 1601) and Regulation Z of the 
Board of Governors of the Federal Reserve 
System under such Act. 
(ii) The Equal Credit Opportunity Act 
(15 U.S.C. 1691 et seq.) and Regulation B 
of the Board of Governors of the Federal 
Reserve System under such Act. 
(iii) The Fair Debt Collection Prac-
tices Act (15 U.S.C. 1692 et seq.). 
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(iv) The Federal Fair Credit Report-
ing Act (15 U.S.C. 1681 et seq.). 
(v) The Real Estate Settlement Proce-
dures Act of 1974 (12 U.S.C. 2601 et 
seq.) and Regulation X of the Secretary of 
Housing and Urban Development under 
such Act. 
(vi) The Flood Disaster Protection 
Act of 1973 (42 U.S.C. 2002 et seq.). 
(vii) The Fair Housing Act (42 
U.S.C. 3601 et seq.). 
(viii) The Home Mortgage Disclosure 
Act of 1975 (12 U.S.C. 2801 et seq.). 
(ix) The Financial Institutions Re-
form, Recovery, and Enforcement Act of 
1989 (Public Law 101–73). 
(x) Any applicable provisions of State 
and local law relating to real estate lending 
or consumer protection. 
(B) Certification of any mortgage modi-
fication efforts that were employed and any of-
fers made to the mortgagor by the person com-
mencing the foreclosure. 
(C) If any noncompliance is found pursu-
ant to subparagraph (A), a statement as to 
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