title or any other applicable provision of 
law; and, second, to the benefit of creditors 
that deal with mortgage brokers in accord-
ance with this title; and 
‘‘(iii) under which any assignee or 
subsequent transferee or trustee of a con-
sumer or creditor remains a beneficiary of 
the bond. 
‘‘(3) STEERING
PROHIBITED.—In connection 
with a home mortgage loan, a mortgage broker may 
not steer, counsel, or direct a consumer to a higher- 
cost mortgage as evidenced by higher rates, charges, 
principal amounts, or the inclusion of prepayment 
penalties or other terms than a lower-cost mortgage 
for which the consumer would otherwise qualify, con-
sidering the loan features requested by the con-
sumer. 
‘‘(c) STATUTORY OBLIGATION.—No requirement im-
posed on any mortgage broker under this section may be 
waived by any consumer or by the terms of any agreement 
executed between the mortgage broker and any consumer. 
‘‘(d) ENFORCEMENT.—For purposes of providing a 
cause of action for any failure to comply with any require-
ment imposed this section, section 130(a) shall be applied 
with respect to any such failure— 
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‘‘(1) by substituting ‘mortgage broker’ for 
‘creditor’ each place such term appears in such sec-
tion; and 
‘‘(2) by treating all points, fees, and costs in-
curred in the origination of any home mortgage loan 
as actual damages sustained by the consumer as a 
result of the failure.’’. 
SEC. 3. DISCLOSURE OF AFFILIATIONS. 
The Truth in Lending Act (15 U.S.C. 1601 et seq.) 
is amended by inserting after section 129A (as added by 
section 2 of this Act) the following new section: 
‘‘§ 129B. Disclosures in connection with all home 
mortgage loans 
‘‘Each creditor, mortgage broker (as defined in sec-
tion 129A), or other person involved in making or obtain-
ing a home mortgage loan (as defined in section 129A) 
to or for any consumer shall disclose to the consumer any 
financial or other business relationship the creditor, mort-
gage broker, or other person has with any person that may 
be involved in the transaction resulting in the home mort-
gage loan, including any real estate agent, any person pro-
viding title insurance, any person providing settlement 
services (as defined in section 3 of the Real Estate Settle-
ment Procedures Act of 1974), or any person providing 
table-top financing (in the case of a loan correspondent) 
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and information sufficient to inform the consumer about 
the relationship, including whether the relationship is ex-
clusive.’’. 
SEC. 4. CLERICAL AMENDMENT. 
The table of sections for chapter 2 of the Truth in 
Lending Act is amended by inserting after the item relat-
ing to section 129 the following new items: 
‘‘129A. Duties of mortgage brokers. 
‘‘129B. Disclosures in connection with all home mortgage loans.’’. 
Æ 
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