I 
111TH CONGRESS 
2D SESSION 
H. R. 5369 
To amend the Secure and Fair Enforcement for Mortgage Licensing Act 
of 2008 to exempt manufactured and modular housing retailers from 
the requirements of such Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 24, 2010 
Mr. DONNELLY of Indiana (for himself and Mr. POSEY) introduced the 
following bill; which was referred to the Committee on Financial Services 
A BILL 
To amend the Secure and Fair Enforcement for Mortgage 
Licensing Act of 2008 to exempt manufactured and mod-
ular housing retailers from the requirements of such 
Act, 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 ‘‘Manufactured Housing 
Licensing Clarification Act of 2010’’. 
SEC. 2. EXEMPTION ESTABLISHED. 
(a) DEFINITION
OF LOAN ORIGINATOR.—Section 
1503(3)(A) of the Secure and Fair Enforcement for Mort-
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PWALKER on DSK8KYBLC1PROD with BILLS
gage Licensing Act of 2008 (12 U.S.C. 5102(3)(A)) is 
amended— 
(1) by striking ‘‘and’’ at the end of clause (iii); 
(2) by striking the period at the end of clause 
(iv) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
clause: 
‘‘(v) does not include an individual 
who performs manufactured or modular 
housing retail sales activities and is li-
censed or registered as required by applica-
ble State law, unless the individual is com-
pensated by a lender, a mortgage broker, 
or other loan originator or by any agent of 
such lender, mortgage broker, or other 
loan originator.’’. 
(b) MANUFACTURED OR MODULAR HOUSING RETAIL 
SALES ACTIVITY DEFINED.—Section 1503(3) of the Se-
cure and Fair Enforcement for Mortgage Licensing Act 
of 2008 (12 U.S.C. 5102(3)) is amended by adding at the 
end the following new subparagraph: 
‘‘(E) MANUFACTURED OR MODULAR HOUS-
ING RETAIL SALES ACTIVITY.—The term ‘man-
ufactured or modular housing retail sales activ-
ity’ means any activity that involves offering or 
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providing manufactured housing or modular 
housing sales services to the public, including— 
‘‘(i) acting as a salesperson for a re-
tailer, seller, lessor, or lessee of manufac-
tured or modular housing; 
‘‘(ii) bringing together parties inter-
ested in the sale, purchase, lease, rental, or 
exchange of manufactured or modular 
housing; 
‘‘(iii) negotiating, on behalf of any 
party, any portion of a contract relating to 
the sale, purchase, lease, rental, or ex-
change of manufactured or modular homes 
(other than in connection with providing fi-
nancing with respect to any such trans-
action); 
‘‘(iv) closing or executing a retail in-
stallment sales contract on behalf of a re-
tail seller entity of a manufactured or mod-
ular home to the extent that any transfer 
of funds for the purchase of the retail in-
stallment sales contract are paid directly to 
the retail seller entity offering the home 
for sale and not to the individual closing or 
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executing the retail installment sales con-
tract; 
‘‘(v) engaging in any activity for 
which a person engaged in the activity is 
required to be registered or licensed as a 
manufactured or modular housing retailer 
or salesperson under any applicable law; 
and 
‘‘(vi) offering to engage in any activ-
ity, or act in any capacity, described in 
clause (i), (ii), (iii), (iv), or (v).’’. 
SEC. 3. AMENDMENT TO STATE LAW LICENSING REQUIRE-
MENTS. 
Section 1508(d) of the Secure and Fair Enforcement 
for Mortgage Licensing Act of 2008 (12 U.S.C. 1507(d)) 
is amended by adding at the end the following new para-
graphs: 
‘‘(7) The State loan originator supervisory au-
thority has created education and testing appro-
priate for personal property loan originators. 
‘‘(8) The State loan originator supervisory au-
thority ensures that additional mortgage lending li-
censing is not mandated of a State-licensed personal 
property lender and has not created unnecessary, 
duplicative licensing requirements for State-licensed 
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lenders engaged solely in making residential mort-
gage loans secured by personal property, such as 
manufactured homes.’’. 
Æ 
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