I 
115TH CONGRESS 
1ST SESSION 
H. R. 134 
To amend title 11 of the United States Code with respect to modification 
of certain mortgages on principal residences, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 3, 2017 
Mr. CONYERS (for himself, Mr. JOHNSON of Georgia, Mr. COHEN, and Ms. 
JACKSON LEE) introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend title 11 of the United States Code with respect 
to modification of certain mortgages on principal resi-
dences, and for other purposes. 
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 ‘‘Home Foreclosure Re-
duction Act of 2017’’. 
SEC. 2. DEFINITION. 
Section 101 of title 11, United States Code, is 
amended by inserting after paragraph (43) the following 
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(and make such technical and conforming changes as may 
be appropriate): 
‘‘(43A) The term ‘qualified loan modification’ 
means a loan modification agreement made in ac-
cordance with the guidelines of the Obama Adminis-
tration’s Homeowner Affordability and Stability 
Plan as implemented March 4, 2009, that— 
‘‘(A) reduces the debtor’s payment (includ-
ing principal and interest, and payments for 
real estate taxes, hazard insurance, mortgage 
insurance premium, homeowners’ association 
dues, ground rent, and special assessments) on 
a loan secured by a senior security interest in 
the principal residence of the debtor, to a per-
centage of the debtor’s income in accordance 
with such guidelines, without any period of neg-
ative amortization or under which the aggregate 
amount of the regular periodic payments would 
not fully amortize the outstanding principal 
amount of such loan; 
‘‘(B) requires no fees or charges to be paid 
by the debtor in order to obtain such modifica-
tion; and 
‘‘(C) permits the debtor to continue to 
make payments under the modification agree-
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ment notwithstanding the filing of a case under 
this title, as if such case had not been filed.’’. 
SEC. 3. ELIGIBILITY FOR RELIEF. 
Section 109 of title 11, United States Code, is 
amended— 
(1) by adding at the end of subsection (e) the 
following: ‘‘For purposes of this subsection, the com-
putation of debts shall not include the secured or 
unsecured portions of— 
‘‘(1) debts secured by the debtor’s principal res-
idence if the value of such residence as of the date 
of the order for relief under chapter 13 is less than 
the applicable maximum amount of noncontingent, 
liquidated, secured debts specified in this subsection; 
or 
‘‘(2) debts secured or formerly secured by what 
was the debtor’s principal residence that was sold in 
foreclosure or that the debtor surrendered to the 
creditor if the value of such real property as of the 
date of the order for relief under chapter 13 was less 
than the applicable maximum amount of noncontin-
gent, liquidated, secured debts specified in this sub-
section.’’, and 
(2) by adding at the end of subsection (h) the 
following: 
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‘‘(5) Notwithstanding the 180-day period speci-
fied in paragraph (1), with respect to a debtor in a 
case under chapter 13 who submits to the court a 
certification that the debtor has received notice that 
the holder of a claim secured by the debtor’s prin-
cipal residence may commence a foreclosure on the 
debtor’s principal residence, the requirements of 
paragraph (1) shall be considered to be satisfied if 
the debtor satisfies such requirements not later than 
the expiration of the 30-day period beginning on the 
date of the filing of the petition.’’. 
SEC. 4. PROHIBITING CLAIMS ARISING FROM VIOLATIONS 
OF THE TRUTH IN LENDING ACT. 
Section 502(b) of title 11, United States Code, is 
amended— 
(1) in paragraph (8) by striking ‘‘or’’ at the 
end, 
(2) in paragraph (9) by striking the period at 
the end and inserting ‘‘; or’’, and 
(3) by adding at the end the following: 
‘‘(10) the claim for a loan secured by a security 
interest in the debtor’s principal residence is subject 
to a remedy for rescission under the Truth in Lend-
ing Act notwithstanding the prior entry of a fore-
closure judgment, except that nothing in this para-
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graph shall be construed to modify, impair, or super-
sede any other right of the debtor.’’. 
SEC. 5. AUTHORITY TO MODIFY CERTAIN MORTGAGES. 
Section 1322 of title 11, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) by redesignating paragraph (11) as 
paragraph (12), 
(B) in paragraph (10) by striking ‘‘and’’ at 
the end, and 
(C) by inserting after paragraph (10) the 
following: 
‘‘(11) notwithstanding paragraph (2), with re-
spect to a claim for a loan originated before the ef-
fective date of this paragraph and secured by a secu-
rity interest in the debtor’s principal residence that 
is the subject of a notice that a foreclosure may be 
commenced with respect to such loan, modify the 
rights of the holder of such claim (and the rights of 
the holder of any claim secured by a subordinate se-
curity interest in such residence)— 
‘‘(A) by providing for payment of the 
amount of the allowed secured claim as deter-
mined under section 506(a)(1); 
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‘‘(B) if any applicable rate of interest is 
adjustable under the terms of such loan by pro-
hibiting, reducing, or delaying adjustments to 
such rate of interest applicable on and after the 
date of filing of the plan; 
‘‘(C) by modifying the terms and condi-
tions of such loan— 
‘‘(i) to extend the repayment period 
for a period that is no longer than the 
longer of 40 years (reduced by the period 
for which such loan has been outstanding) 
or the remaining term of such loan, begin-
ning on the date of the order for relief 
under this chapter; and 
‘‘(ii) to provide for the payment of in-
terest accruing after the date of the order 
for relief under this chapter at a fixed an-
nual rate equal to the currently applicable 
average prime offer rate as of the date of 
the order for relief under this chapter, cor-
responding to the repayment term deter-
mined under the preceding paragraph, as 
published by the Federal Financial Institu-
tions Examination Council in its table enti-
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tled ‘Average Prime Offer Rates—Fixed’, 
plus a reasonable premium for risk; and 
‘‘(D) by providing for payments of such 
modified loan directly to the holder of the claim 
or, at the discretion of the court, through the 
trustee during the term of the plan; and’’, and 
(2) by adding at the end the following: 
‘‘(g) A claim may be reduced under subsection 
(b)(11)(A) only on the condition that if the debtor sells 
the principal residence securing such claim, before com-
pleting all payments under the plan (or, if applicable, be-
fore receiving a discharge under section 1328(b)) and re-
ceives net proceeds from the sale of such residence, then 
the debtor agrees to pay to such holder not later than 15 
days after receiving such proceeds— 
‘‘(1) if such residence is sold in the 1st year oc-
curring after the effective date of the plan, 90 per-
cent of the amount of the difference between the 
sales price and the amount of such claim as origi-
nally determined under subsection (b)(11) (plus 
costs of sale and improvements), but not to exceed 
the unpaid amount of the allowed secured claim de-
termined as if such claim had not been reduced 
under such subsection; 
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‘‘(2) if such residence is sold in the 2d year oc-
curring after the effective date of the plan, 70 per-
cent of the amount of the difference between the 
sales price and the amount of such claim as origi-
nally determined under subsection (b)(11) (plus 
costs of sale and improvements), but not to exceed 
the unpaid amount of the allowed secured claim de-
termined as if such claim had not been reduced 
under such subsection; 
‘‘(3) if such residence is sold in the 3d year oc-
curring after the effective date of the plan, 50 per-
cent of the amount of the difference between the 
sales price and the amount of such claim as origi-
nally determined under subsection (b)(11) (plus 
costs of sale and improvements), but not to exceed 
the unpaid amount of the allowed secured claim de-
termined as if such claim had not been reduced 
under such subsection; 
‘‘(4) if such residence is sold in the 4th year oc-
curring after the effective date of the plan, 30 per-
cent of the amount of the difference between the 
sales price and the amount of such claim as origi-
nally determined under subsection (b)(11) (plus 
costs of sale and improvements), but not to exceed 
the unpaid amount of the allowed secured claim de-
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termined as if such claim had not been reduced 
under such subsection; and 
‘‘(5) if such residence is sold in the 5th year oc-
curring after the effective date of the plan, 10 per-
cent of the amount of the difference between the 
sales price and the amount of such claim as origi-
nally determined under subsection (b)(11) (plus 
costs of sale and improvements), but not to exceed 
the unpaid amount of the allowed secured claim de-
termined as if such claim had not been reduced 
under such subsection. 
‘‘(h) With respect to a claim of the kind described 
in subsection (b)(11), the plan may not contain a modi-
fication under the authority of subsection (b)(11)— 
‘‘(1) in a case commenced under this chapter 
after the expiration of the 30-day period beginning 
on the effective date of this subsection, unless— 
‘‘(A) the debtor certifies that the debtor— 
‘‘(i) not less than 30 days before the 
commencement of the case, contacted the 
holder of such claim (or the entity col-
lecting payments on behalf of such holder) 
regarding modification of the loan that is 
the subject of such claim; 
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‘‘(ii) provided the holder of the claim 
(or the entity collecting payments on be-
half of such holder) a written statement of 
the debtor’s current income, expenses, and 
debt substantially conforming with the 
schedules required under section 521(a) or 
such other form as is promulgated by the 
Judicial Conference of the United States 
for such purpose; and 
‘‘(iii) considered any qualified loan 
modification offered to the debtor by the 
holder of the claim (or the entity collecting 
payments on behalf of such holder); or 
‘‘(B) a foreclosure sale is scheduled to 
occur on a date in the 30-day period beginning 
on the date of case is commenced; and 
‘‘(2) in any other case pending under this chap-
ter, unless the debtor certifies that the debtor at-
tempted to contact the holder of such claim (or the 
entity collecting payments on behalf of such holder) 
regarding modification of the loan that is the subject 
of such claim, before— 
‘‘(A) filing a plan under section 1321 that 
contains a modification under the authority of 
subsection (b)(11); or 
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‘‘(B) modifying a plan under section 1323 
or 1329 to contain a modification under the au-
thority of subsection (b)(11). 
‘‘(i) In determining the holder’s allowed secured claim 
under section 506(a)(1) for purposes of subsection 
(b)(11)(A), the value of the debtor’s principal residence 
shall be the fair market value of such residence on the 
date such value is determined and, if the issue of value 
is contested, the court shall determine such value in ac-
cordance with the appraisal rules used by the Federal 
Housing Administration.’’. 
SEC. 6. COMBATING EXCESSIVE FEES. 
Section 1322(c) of title 11, United States Code, is 
amended— 
(1) in paragraph (1) by striking ‘‘and’’ at the 
end, 
(2) in paragraph (2) by striking the period at 
the end and inserting a semicolon, and 
(3) by adding at the end the following: 
‘‘(3) the debtor, the debtor’s property, and 
property of the estate are not liable for a fee, cost, 
or charge that is incurred while the case is pending 
and arises from a debt that is secured by the debt-
or’s principal residence except to the extent that— 
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‘‘(A) the holder of the claim for such debt 
files with the court and serves on the trustee, 
the debtor, and the debtor’s attorney (annually 
or, in order to permit filing consistent with 
clause (ii), at such more frequent periodicity as 
the court determines necessary) notice of such 
fee, cost, or charge before the earlier of— 
‘‘(i) 1 year after such fee, cost, or 
charge is incurred; or 
‘‘(ii) 60 days before the closing of the 
case; and 
‘‘(B) such fee, cost, or charge— 
‘‘(i) is lawful under applicable non-
bankruptcy law, reasonable, and provided 
for in the applicable security agreement; 
and 
‘‘(ii) is secured by property the value 
of which is greater than the amount of 
such claim, including such fee, cost, or 
charge; 
‘‘(4) the failure of a party to give notice de-
scribed in paragraph (3) shall be deemed a waiver 
of any claim for fees, costs, or charges described in 
paragraph (3) for all purposes, and any attempt to 
collect such fees, costs, or charges shall constitute a 
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violation of section 524(a)(2) or, if the violation oc-
curs before the date of discharge, of section 362(a); 
and 
‘‘(5) a plan may provide for the waiver of any 
prepayment penalty on a claim secured by the debt-
or’s principal residence.’’. 
SEC. 7. CONFIRMATION OF PLAN. 
(a) Section 1325(a) of title 11, United States Code, 
is amended— 
(1) in the matter preceding paragraph (1) 
strike ‘‘subsection (b)’’ and insert ‘‘subsections (b) 
and (d)’’, 
(2) in paragraph (5)— 
(A) by inserting ‘‘except as otherwise pro-
vided in section 1322(b)(11),’’ after ‘‘(5)’’, and 
(B) in subparagraph (B)(iii)(I) by insert-
ing ‘‘(including payments of a claim modified 
under section 1322(b)(11))’’ after ‘‘payments’’ 
the first place it appears, 
(3) in paragraph (8) by striking ‘‘and’’ at the 
end, 
(4) in paragraph (9) by striking the period at 
the end and inserting a semicolon, and 
(5) by inserting after paragraph (9) the fol-
lowing: 
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‘‘(10) notwithstanding subclause (I) of para-
graph (5)(B)(i), whenever the plan modifies a claim 
in accordance with section 1322(b)(11), the holder 
of a claim whose rights are modified pursuant to 
section 1322(b)(11) shall retain the lien until the 
later of— 
‘‘(A) the payment of such holder’s allowed 
secured claim; or 
‘‘(B) completion of all payments under the 
plan (or, if applicable, receipt of a discharge 
under section 1328(b)); and 
‘‘(11) whenever the plan modifies a claim in ac-
cordance with section 1322(b)(11), the court finds 
that such modification is in good faith (Lack of good 
faith exists if the debtor has no need for relief under 
this paragraph because the debtor can pay all of his 
or her debts and any future payment increases on 
such debts without difficulty for the foreseeable fu-
ture, including the positive amortization of mortgage 
debt. In determining whether a reduction of the 
principal amount of the loan resulting from a modi-
fication made under the authority of section 
1322(b)(11) is made in good faith, the court shall 
consider whether the holder of such claim (or the en-
tity collecting payments on behalf of such holder) 
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has offered to the debtor a qualified loan modifica-
tion that would enable the debtor to pay such debts 
and such loan without reducing such principal 
amount.) and does not find that the debtor has been 
convicted of obtaining by actual fraud the extension, 
renewal, or refinancing of credit that gives rise to a 
modified claim.’’. 
(b) Section 1325 of title 11, United States Code, is 
amended by adding at the end the following (and make 
such technical and conforming changes as may be appro-
priate): 
‘‘(d) Notwithstanding section 1322(b)(11)(C)(ii), the 
court, on request of the debtor or the holder of a claim 
secured by a senior security interest in the debtor’s prin-
cipal residence, may confirm a plan proposing a reduction 
in the interest rate on the loan secured by such security 
interest and that does not reduce the principal, provided 
the total monthly mortgage payment is reduced to a per-
centage of the debtor’s income in accordance with the 
guidelines of the Obama Administration’s Homeowner Af-
fordability and Stability Plan as implemented March 4, 
2009, if, taking into account the debtor’s financial situa-
tion, after allowance of expenses that would be permitted 
for a debtor under this chapter subject to paragraph (3) 
of subsection (b), regardless of whether the debtor is oth-
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erwise subject to such paragraph, and taking into account 
additional debts and fees that are to be paid in this chap-
ter and thereafter, the debtor would be able to prevent 
foreclosure and pay a fully amortizing 30-year loan at 
such reduced interest rate without such reduction in prin-
cipal.’’. 
SEC. 8. DISCHARGE. 
Section 1328(a) of title 11, United States Code, is 
amended— 
(1) by inserting ‘‘(other than payments to hold-
ers of claims whose rights are modified under sec-
tion 1322(b)(11))’’ after ‘‘paid’’, and 
(2) in paragraph (1) by inserting ‘‘or, to the ex-
tent of the unpaid portion of an allowed secured 
claim, provided for in section 1322(b)(11)’’ after 
‘‘1322(b)(5)’’. 
SEC. 9. STANDING TRUSTEE FEES. 
(a) 
AMENDMENT
TO
TITLE
28.—Section 
586(e)(1)(B)(i) of title 28, United States Code, is amend-
ed— 
(1) by inserting ‘‘(I) except as provided in sub-
paragraph (II)’’ after ‘‘(i)’’, 
(2) by striking ‘‘or’’ at the end and inserting 
‘‘and’’, and 
(3) by adding at the end the following: 
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‘‘(II) 4 percent with respect to pay-
ments received under section 1322(b)(11) 
of title 11 by the individual as a result of 
the operation of section 1322(b)(11)(D) of 
title 11, unless the bankruptcy court 
waives all fees with respect to such pay-
ments based on a determination that such 
individual has income less than 150 per-
cent of the income official poverty line (as 
defined by the Office of Management and 
Budget, and revised annually in accord-
ance with section 673(2) of the Omnibus 
Budget Reconciliation Act of 1981) appli-
cable to a family of the size involved and 
payment of such fees would render the 
debtor’s plan infeasible.’’. 
(b) CONFORMING
PROVISION.—The amendments 
made by this section shall apply to any trustee to whom 
the provisions of section 302(d)(3) of the Bankruptcy 
Judges, United States Trustees, and Family Farmer 
Bankruptcy Act of 1986 (Public Law 99–554; 100 Stat. 
3121) apply. 
SEC. 10. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. 
(a) EFFECTIVE DATE.—Except as provided in sub-
section (b), this subtitle and the amendments made by this 
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subtitle shall take effect on the date of the enactment of 
this Act. 
(b) APPLICATION OF AMENDMENTS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this subtitle 
shall apply with respect to cases commenced under 
title 11 of the United States Code before, on, or 
after the date of the enactment of this Act. 
(2) LIMITATION.—Paragraph (1) shall not 
apply with respect to cases closed under title 11 of 
the United States Code as of the date of the enact-
ment of this Act that are neither pending on appeal 
in, nor appealable to, any court of the United 
States. 
SEC. 11. GAO STUDY. 
The Comptroller General shall carry out a study, and 
submit to the Committee on the Judiciary of the House 
of Representatives and the Committee on the Judiciary 
of the Senate, not later than 2 years after the date of 
the enactment of this Act a report containing— 
(1) the results of such study of— 
(A) the number of debtors who filed, dur-
ing the 1-year period beginning on the date of 
the enactment of this Act, cases under chapter 
13 of title 11 of the United States Code for the 
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purpose of restructuring their principal resi-
dence mortgages, 
(B) the number of mortgages restructured 
under the amendments made by this subtitle 
that subsequently resulted in default and fore-
closure, 
(C) a comparison between the effectiveness 
of mortgages restructured under programs out-
side of bankruptcy, such as Hope Now and 
Help for Homeowners, and mortgages restruc-
tured under the amendments made by this sub-
title, 
(D) the number of cases presented to the 
bankruptcy courts where mortgages were re-
structured under the amendments made by this 
subtitle that were appealed, 
(E) the number of cases presented to the 
bankruptcy courts where mortgages were re-
structured under the amendments made by the 
subtitle that were overturned on appeal, and 
(F) the number of bankruptcy judges dis-
ciplined as a result of actions taken to restruc-
ture mortgages under the amendments made by 
this subtitle, and 
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(2) a recommendation as to whether such 
amendments should be amended to include a sunset 
clause. 
SEC. 12. REPORT TO CONGRESS. 
Not later than 18 months after the date of the enact-
ment of this Act, the Comptroller General, in consultation 
with the Federal Housing Administration, shall submit to 
the Congress, a report containing— 
(1) a comprehensive review of the effects of the 
amendments made by this subtitle on bankruptcy 
court, 
(2) a survey of whether the program should 
limit the types of homeowners eligible for the pro-
gram, and 
(3) a recommendation on whether such amend-
ments should remain in effect. 
Æ 
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