Preserving Homes and Communities Act of 2011

Bill: 112-hr-1477
Sponsor: Rep. Cummings, Elijah E. [D-MD-7]
Introduced: 2011-04-12 in the House
Policy area: Housing and Community Development
Subjects: Civil actions and liability
Financial crises and stabilization
Government trust funds
Housing finance and home ownership
State and local government operations
User charges and fees

Summary:
action_date: 2011-04-12
text: 
Preserving Homes and Communities Act of 2011 - Prohibits a covered mortgagee from initiating either a nonjudicial or a judicial foreclosure, otherwise authorized under state law, against a covered mortgagor unless the mortgagee: (1) has used its best efforts to determine whether the mortgagor is eligible for a qualified loan modification, and to offer one if this is the case; and (2) has made certain documentation available to an ineligible mortgagor regarding a loan modification calculation or net present value calculation, the loan origination, any pooling and servicing agreement, the mortgagor's payment history, as well as specific alternatives to foreclosure, including qualified loan modifications, workout agreements, and short sales.
 
Requires a covered mortgagee to use its best efforts to suspend any foreclosure proceeding initiated before enactment of this Act, and to toll any deadlines limiting the mortgagor's rights. Prohibits any sale of the property under the mortgage or the entry of judgment against the mortgagor.
 
Requires the mortgagee to reevaluate an eligible mortgagee's application for a qualified loan modification and, if the mortgagor is eligible, offer one.
 
Requires the Secretary of the Treasury, the Secretary of Housing and Urban Development (HUD), and the Director of the Bureau of Consumer Financial Protection (CFPB) to ensure that any home loan modification protocol includes a dispute resolution procedure.
 
Declares any sale of property in violation of this Act void. Makes failure to comply with this Act a bar to foreclosure under state law.
 
Prohibits loan modification fees and sets forth rules governing foreclosure-related fees. 
 
Directs the Secretary of HUD to: (1) establish a program to make competitive grants to state and local governments to establish mediation programs that assist mortgagors facing foreclosure, and (2) develop and implement a plan to monitor conditions and trends in home ownership and the mortgage industry and the effectiveness of public and private efforts to reduce mortgage defaults and foreclosures.
 
Directs the Secretary of the Treasury, out of funds received or to be received from the sale of warrants under the Emergency Economic Stabilization Act of 2008, to transfer and credit $1 billion to the Housing Trust Fund established under the Federal Housing Enterprises Financial Safety and Soundness Act of 1992.


Legislative actions:
action_date: 2011-05-02
text: Referred to the Subcommittee on Insurance, Housing and Community Opportunity.
action_date: 2011-05-02
text: Referred to the Subcommittee on Financial Institutions and Consumer Credit.
action_date: 2011-04-12
text: Referred to the House Committee on Financial Services.
action_date: 2011-04-12
text: Introduced in House
action_date: 2011-04-12
text: Introduced in House