To require, as a condition for modification of a home mortgage loan held by Fannie Mae or Freddie Mac or insured under the National Housing Act, that the mortgagor be verified under the E-Verify program.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mortgage E-Verify Act of 2010''.

SEC. 2. VERIFICATION UNDER E-VERIFICATION PROGRAM.

    (a) Fannie Mae.--Subsection (b) of section 302 of the Federal 
National Mortgage Association Charter Act (12 U.S.C. 1717(b)) is 
amended by adding at the end the following new paragraph:
    ``(7)(A) Notwithstanding any other provision of law, the 
corporation may not--
            ``(i) refinance, restructure, or modify, or otherwise 
        authorize or enter into any agreement for the refinancing, 
        restructuring, or modification of any single-family housing 
        mortgage that is held by or that backs any security issued by 
        the corporation, or
            ``(ii) purchase, or issue any security that is backed by, 
        any single-family housing mortgage made for the refinancing, 
        restructuring, or modification of the mortgagor's previous 
        single-family housing mortgage on the same property,
        unless the identity and work eligibility of the mortgagor under 
        such mortgage has been confirmed by an inquiry under 
        subparagraph (B).
    ``(B) An inquiry under this subparagraph is an inquiry made through 
the basic pilot program under section 403(a) of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note; 
commonly referred to as the E-Verify program). Notwithstanding any 
other provision of law, lenders for single-family housing mortgages and 
the corporation may submit such inquiries regarding the identities and 
work eligibility of mortgagors under such mortgages, and may be 
provided confirmations and nonconfirmations pursuant to such inquiries, 
under such basic pilot program.
    ``(C) For purposes of this paragraph, the term `single-family 
housing mortgage' means a mortgage that is secured by a 1- to 4-family 
residence.''.
    (b) Freddie Mac.--Subsection (a) of section 305 of the Federal Home 
Loan Mortgage Corporation Act (12 U.S.C. 1454(a)) is amended by adding 
at the end the following new paragraph:
    ``(6)(A) Notwithstanding any other provision of law, the 
Corporation may not--
            ``(i) refinance, restructure, or modify, or otherwise 
        authorize or enter into any agreement for the refinancing, 
        restructuring, or modification of any single-family housing 
        mortgage that is held by or that backs any security issued by 
        the Corporation, or
            ``(ii) purchase, or issue any security that is backed by, 
        any single-family housing mortgage made for the refinancing, 
        restructuring, or modification of the mortgagor's previous 
        single-family housing mortgage on the same property,
        unless the identity and work eligibility of the mortgagor under 
        such mortgage has been confirmed by an inquiry under 
        subparagraph (B)
    ``(B) An inquiry under this subparagraph is an inquiry made through 
the basic pilot program under section 403(a) of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note; 
commonly referred to as the E-Verify program). Notwithstanding any 
other provision of law, lenders for single-family housing mortgages and 
the Corporation may submit such inquiries regarding the identities and 
work eligibility of mortgagors under such mortgages, and may be 
provided confirmations and nonconfirmations pursuant to such inquiries, 
under such basic pilot program.
    ``(C) For purposes of this paragraph, the term `single-family 
housing mortgage' means a mortgage that is secured by a 1- to 4-family 
residence.''.
    (c) FHA.--Title II of the National Housing Act (12 U.S.C. 1707 et 
seq.) is amended by adding at the end the following new section:

``SEC. 543. E-VERIFICATION REQUIREMENT FOR MODIFICATION OF MORTGAGES.

    ``(a) Prohibition.--Notwithstanding any other provision of law, the 
Secretary may not--
            ``(1) authorize or enter into any agreement for the 
        refinancing, restructuring, or modification of any single-
        family housing mortgage that is insured by the Secretary under 
        this Act, or
            ``(2) insure any single-family housing mortgage made for 
        the refinancing, restructuring, or modification of the 
        mortgagor's previous single-family housing mortgage on the same 
        property,
unless the identity and work eligibility of the mortgagor under such 
mortgage has been confirmed by an inquiry under subsection (b).
    ``(b) E-Verify Inquiries.--An inquiry under this subsection is an 
inquiry made through the basic pilot program under section 403(a) of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1324a note; commonly referred to as the E-Verify program). 
Notwithstanding any other provision of law, lenders for single-family 
housing mortgages and the Secretary may submit such inquiries regarding 
the identities and work eligibility of mortgagors under such mortgages, 
and may be provided confirmations and nonconfirmations pursuant to such 
inquiries, under such basic pilot program.
    ``(c) Single-Family Housing Mortgage.--For purposes of this 
paragraph, the term `single-family housing mortgage' means a mortgage 
that is secured by a 1- to 4-family residence.''.

Summary: Mortgage E-Verify Act of 2010 - Amends the Federal National Mortgage Association Charter Act and the Federal Home Loan Mortgage Corporation Act to require the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation Act (Freddie Mac) to confirm the identity and work eligibility of the mortgagor as a prerequisite to: (1) any refinancing, restructuring, or modification agreement governing a single-family housing mortgage that is held by, or that backs any security issued by, either Fannie Mae or Freddie Mac; or (2) any purchase of, or issuance of any security that is backed by, any single-family housing mortgage made for the refinancing, restructuring, or modification of the mortgagor's previous single-family housing mortgage on the same property.

Identifies the required inquiry as one made through the basic pilot E-Verify program under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

Amends the National Housing Act to require the Secretary of Housing and Urban Development (HUD) to use the E-Verify program to confirm the identity and work eligibility of the mortgagor as a prerequisite to single-family housing mortgage insurance issued under the Act.