IIB 
111TH CONGRESS 
1ST SESSION H. R. 1106 
IN THE SENATE OF THE UNITED STATES 
MARCH 9, 2009 
Received 
MARCH 11, 2009 
Read twice and referred to the Committee on Banking, Housing, and Urban 
Affairs 
AN ACT 
To prevent mortgage foreclosures and enhance mortgage 
credit availability. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as ‘‘Help-
ing Families Save Their Homes Act of 2009’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is the following: 
Sec. 1. Short title; table of contents. 
TITLE I—PREVENTION OF MORTGAGE FORECLOSURES 
Subtitle A—Modification of Residential Mortgages 
Sec. 100. Definition. 
Sec. 101. Eligibility for relief. 
Sec. 102. Prohibiting claims arising from violations of the Truth in Lending 
Act. 
Sec. 103. Authority to modify certain mortgages. 
Sec. 104. Combating excessive fees. 
Sec. 105. Confirmation of plan. 
Sec. 106. Discharge. 
Sec. 107. Standing trustee fees. 
Sec. 108. Effective date; application of amendments. 
Sec. 109. GAO study. 
Sec. 110. Report to Congress. 
Subtitle B—Related Mortgage Modification Provisions 
Sec. 121. Adjustments as a result of modification in bankruptcy of housing 
loans guaranteed by the Department of Veterans Affairs. 
Sec. 122. Payment of FHA mortgage insurance benefits. 
Sec. 123. Adjustments as result of modification of rural single family housing 
loans in bankruptcy. 
Sec. 124. Unenforceability of certain provision as being contrary to public pol-
icy. 
Sec. 125. Mortgage modification data collecting and reporting. 
TITLE II—FORECLOSURE MITIGATION AND CREDIT 
AVAILABILITY 
Sec. 201. Servicer safe harbor for mortgage loan modifications. 
Sec. 202. Changes to HOPE for Homeowners Program. 
Sec. 203. Requirements for FHA-approved mortgagees. 
Sec. 204. Enhancement of liquidity and stability of insured depository institu-
tions to ensure availability of credit and reduction of fore-
closures. 
Sec. 205. Application of GSE conforming loan limit to mortgages assisted with 
TARP funds. 
Sec. 206. Mortgages on certain homes on leased land. 
Sec. 207. Sense of Congress regarding mortgage revenue bond purchases. 
TITLE III—MORTGAGE FRAUD 
Sec. 301. Short title. 
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Sec. 302. Nationwide Mortgage Fraud Task Force. 
TITLE IV—FORECLOSURE MORATORIUM PROVISIONS 
Sec. 401. Sense of the Congress on foreclosures. 
TITLE I—PREVENTION OF 
MORTGAGE FORECLOSURES 
Subtitle A—Modification of 
Residential Mortgages 
SEC. 100. DEFINITION. 
Section 101 of title 11, United States Code, is 
amended by inserting after paragraph (43) the following 
(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-
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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-
ment notwithstanding the filing of a case under 
this title, as if such case had not been filed.’’. 
SEC. 101. 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 
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