Clarifying Commercial Real Estate Loans

Bill: 115-hr-2148
Sponsor: Rep. Pittenger, Robert [R-NC-9]
Introduced: 2017-04-26 in the House
Policy area: Finance and Financial Sector
Subjects: Bank accounts, deposits, capital
Banking and financial institutions regulation
Credit and credit markets
Real estate business

Summary:
action_date: 2017-04-26
text: 

Clarifying Commercial Real Estate Loans

 
This bill amends the Federal Deposit Insurance Act to specify that a federal banking agency may not subject a depository institution to higher capital standards with respect to a high-volatility commercial real-estate (HVCRE) exposure unless the exposure is an HVCRE acquisition, development, or construction (ADC) loan.
 
An HVCRE ADC loan is a one that: (1) is secured by land or improved real property; (2) has the purpose of providing financing to acquire, develop, or improve the real property such that the property becomes income-producing; and (3) is dependent upon future income or sales proceeds from, or refinancing of, the real property for the repayment of the loan.
 
An HVCRE ADC loan does not include financing for a one- to four-family residential property, agricultural land, real property that would qualify as an investment in community development, existing income-producing real property secured by a mortgage, or certain commercial real-property projects. Furthermore, such a loan does not include any loan made prior to January 1, 2015.
 
A depository institution may reclassify a loan as a non-HVCRE ADC loan if the depository institution is satisfied that: (1) the acquisition, development, or improvement of real property being financed by the loan is complete; and (2) the cash flow being generated by the real property is sufficient to support the debt service and expenses of the real property.

action_date: 2017-11-06
text: 

Clarifying Commercial Real Estate Loans

 
(Sec. 2) This bill amends the Federal Deposit Insurance Act to specify that a federal banking agency may not subject a depository institution to higher capital standards with respect to a high-volatility commercial real-estate (HVCRE) exposure unless the exposure is an HVCRE acquisition, development, or construction (ADC) loan.
 
An HVCRE ADC loan is a one that: (1) is secured by land or improved real property; (2) has the purpose of providing financing to acquire, develop, or improve the real property such that the property becomes income-producing; and (3) is dependent upon future income or sales proceeds from, or refinancing of, the real property for the repayment of the loan.
 
An HVCRE ADC loan does not include financing for a one- to four-family residential property, agricultural land, real property that would qualify as an investment in community development, existing income-producing real property secured by a mortgage, or certain commercial real-property projects. Furthermore, such a loan does not include any loan made prior to January 1, 2015.
 
A depository institution may reclassify a loan as a non-HVCRE ADC loan if the depository institution is satisfied that: (1) the acquisition, development, or improvement of real property being financed by the loan is complete; and (2) the cash flow being generated by the real property is sufficient to support the debt service and expenses of the real property. 

action_date: 2017-11-07
text: 

Clarifying Commercial Real Estate Loans

 
(Sec. 2) This bill amends the Federal Deposit Insurance Act to specify that a federal banking agency may not subject a depository institution to higher capital standards with respect to a high-volatility commercial real-estate (HVCRE) exposure unless the exposure is an HVCRE acquisition, development, or construction (ADC) loan.
 
An HVCRE ADC loan is a one that: (1) is secured by land or improved real property; (2) has the purpose of providing financing to acquire, develop, or improve the real property such that the property becomes income-producing; and (3) is dependent upon future income or sales proceeds from, or refinancing of, the real property for the repayment of the loan.
 
An HVCRE ADC loan does not include financing for a one- to four-family residential property, agricultural land, real property that would qualify as an investment in community development, existing income-producing real property secured by a mortgage, or certain commercial real-property projects. Furthermore, such a loan does not include any loan made prior to January 1, 2015.
 
A depository institution may reclassify a loan as a non-HVCRE ADC loan if the depository institution is satisfied that: (1) the acquisition, development, or improvement of real property being financed by the loan is complete; and (2) the cash flow being generated by the real property is sufficient to support the debt service and expenses of the real property. 


Legislative actions:
action_date: 2017-11-08
text: Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
action_date: 2017-11-07
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2017-11-07
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H8547-8548)
action_date: 2017-11-07
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H8547-8548)
action_date: 2017-11-07
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 2148.
action_date: 2017-11-07
text: Considered under suspension of the rules. (consideration: CR H8547-8550)
action_date: 2017-11-07
text: Mr. Huizenga moved to suspend the rules and pass the bill, as amended.
action_date: 2017-11-06
text: Placed on the Union Calendar, Calendar No. 288.
action_date: 2017-11-06
text: Reported (Amended) by the Committee on Financial Services. H. Rept. 115-392.
action_date: 2017-11-06
text: Reported (Amended) by the Committee on Financial Services. H. Rept. 115-392.
action_date: 2017-10-12
text: Ordered to be Reported (Amended) by the Yeas and Nays: 59 - 1.
action_date: 2017-10-12
text: Committee Consideration and Mark-up Session Held.
action_date: 2017-10-11
text: Committee Consideration and Mark-up Session Held.
action_date: 2017-07-12
text: Hearings Held by the Subcommittee on Financial Institutions and Consumer Credit Prior to Referral.
action_date: 2017-04-26
text: Referred to the House Committee on Financial Services.
action_date: 2017-04-26
text: Introduced in House
action_date: 2017-04-26
text: Introduced in House