Escrow, Appraisal, and Mortgage Servicing Improvements Act

Bill: 110-hr-3837
Sponsor: Rep. Kanjorski, Paul E. [D-PA-11]
Introduced: 2007-10-16 in the House
Policy area: Housing and Community Development
Subjects: Bank accounts
Commerce
Conflict of interests
Congress
Congressional investigations
Congressional reporting requirements
Consumer credit
Consumer education
Debtor and creditor
Disaster insurance
Economics and Public Finance
Emergency Management
Federally-guaranteed loans
Fees
Finance and Financial Sector
Floods
Foreclosure
Fraud
Government Operations and Politics
Government lending
Government paperwork
Housing finance
Insurance premiums
Loan defaults
Mortgage banks
Mortgage guaranty insurance
Mortgages
Property insurance
Property tax
Real estate appraisal
Rent
Taxation

Summary:
action_date: 2007-10-16
text: 
Escrow, Appraisal, and Mortgage Servicing Improvements Act - Amends the Truth in Lending Act to require a creditor, in a consumer credit transaction secured by the consumer's principal dwelling, to establish an escrow or impound account to pay taxes and hazard insurance, and, if applicable, flood insurance, mortgage insurance, ground rents, and any other required periodic payments or premiums.
 
Requires written disclosures by the creditor to the consumer regarding: (1) such escrow or impound account; and (2) consumers who opt out of escrow services.
 
Amends the Real Estate Settlement Procedures Act of 1974 to proscribe specified practices by the servicer of a federally related mortgage, including obtaining force-placed hazard insurance coverage to protect the mortgagee's interest in the property.
 
Prohibits practices related to default, late fees, or foreclosure.
 
Requires prompt: (1) crediting of payments; (2) responses to payoff balances; and (3) refund of escrow accounts upon payoff.
 
Directs the Secretary of Housing and Urban Development to study and report to specified congressional committees on mortgage servicing fraud.
 
Amends the Truth in Lending Act to: (1) require repayment analyses to include escrow payments; (2) include a written property appraisal as a prerequisite to granting a mortgage; (3) prohibit unfair and deceptive practices and acts relating to consumer credit transactions secured by the principal dwelling, especially in property appraisals; and (4) require a mortgage originator to make available to the credit applicant all appraisal valuation reports no later than three days prior to the transaction closing date.
 
Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to: (1) include among the functions of the Appraisal Subcommittee protection of the consumer from improper appraisal practices and the predations of unlicensed appraisers; and (2) expand state agency reporting requirements to include transmittal to the Appraisal Subcommittee of reports on claims, disciplinary actions, license and certification revocations, and suspensions.
 
Prohibits certain interested parties in a real estate transaction involving an appraisal from engaging in specified practices to improperly influence a real estate appraisal in connection with a mortgage loan.
 
Requires the Comptroller General to study and report to specified congressional committees on possible improvements in the appraisal process and in state compliance programs.


Legislative actions:
action_date: 2007-11-07
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2007-11-07
text: Committee Consideration and Mark-up Session Held.
action_date: 2007-10-16
text: Referred to the House Committee on Financial Services.
action_date: 2007-10-16
text: Introduced in House
action_date: 2007-10-16
text: Introduced in House