Preventing Improper Foreclosures Act of 2014

Bill: 113-hr-5553
Sponsor: full_name: Rep. Beatty, Joyce [D-OH-3]
Introduced: 2014-09-18
Policy area: Housing and Community Development
Subjects: Banking and financial institutions regulation

Consumer affairs

Housing finance and home ownership

Real estate business
Latest action: action_date: 2014-09-18
text: Referred to the House Committee on Financial Services.

Summaries:
action_date: 2014-09-18
action_desc: Introduced in House
text: <p>Preventing Improper Foreclosures Act of 2014 - Amends the Garn-St Germain Depository Institutions Act of 1982 with respect to the prohibition against exercise of a due-on-sale contract requirement upon certain transfers of property subject to a real property loan.&nbsp; Requires the lender, in the case of such a transfer, to provide the successor homeowner with information about the mortgage loan, including the availability of loan modification options.</p> <p>Requires a lender, with respect to any such transfer not involving a reverse mortgage, to: (1) &nbsp;evaluate the successor homeowner promptly for a loan modification on the same terms as if the successor homeowner had been the original borrower and mortgagor, and (2) perform this evaluation and offer any available loss mitigation before any assumption by the successor homeowner of the obligations under the note. </p> <p>Allows the failure of a lender to comply with such requirements to be asserted as a defense to any judicial or non-judicial foreclosure. Entitles the homeowner to recover statutory damages not to exceed $1,000 per violation, actual damages, costs, and attorney's fees in any successful action the homeowner brings.</p> <p>Amends the National Housing Act with respect to insurance of home equity conversion mortgages (reverse mortgages) for elderly homeowners. Prohibits the Secretary of Housing and Urban Development (HUD) from insuring a reverse mortgage unless the mortgage provides that the maturity of the loan obligation (currently, the homeowner's obligation to satisfy the loan obligation) is deferred until the death of the homeowner (as under current law) and the homeowner's spouse or the permanent relocation of the homeowner and homeowner's spouse, in addition to sale of the home or other occurrences specified by the Secretary as under current law.</p> <p>Adds new sales terms for a reverse mortgage to be eligible for insurance. Denies any liability of the mortgagor (as under current law) or the mortgagor's estate or the heirs for any difference between the amount of indebtedness under the mortgage and the amount recovered by the mortgagee from the net sales proceeds or the insurance benefits paid.</p> <p>Requires a reverse mortgage, to be eligible for mortgage insurance, to allow: (1) sale of the dwelling subject to the mortgage for at least the lesser of the remaining mortgage balance or the dwelling's appraised value (or 5% less than the dwelling's appraised value, if the loan is due and payable); and (2) satisfaction of the loan obligation by the mortgagor's estate or heirs, upon the mortgagor's death, for the lesser of the remaining mortgage balance or 5% less than the appraised value.</p>

tv_txt: I 113th CONGRESS 2d Session H. R. 5553 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mrs. Beatty (for herself and Mr. Heck of Washington ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To provide access to information and loan modifications for successors in interest, and for other purposes.

1. Short title This Act may be cited as the Preventing Improper Foreclosures Act of 2014 . 2. Access to information and loan modifications Section 341 of the Garn-St Germain Depository Institutions Act of 1982 ( 12 U.S.C. 1701j–3 ) is amended by adding at the end the following: (h) Access to information and loan modifications (1) In general In the case of a transfer described under paragraph (3), (5), (6), (7), (8), or (9) of subsection (d), a lender shall— (A) provide the successor homeowner with information about the mortgage loan, including the outstanding amount due, monthly payment, if any, and available loan modification options; and (B) with respect to a transfer involving a real property loan other than a reverse mortgage— (i) promptly evaluate the successor homeowner for a loan modification on the same terms as if the successor homeowner had been the original borrower and mortgagor; and (ii) perform such evaluation and offer any available loss mitigation prior to any assumption of the obligations under the note. (2) Rule of Construction Nothing in this subsection shall be construed to— (A) limit or interfere with the independent rights of a successor homeowner to assume a mortgage under State law; or (B) empower a lender to place any restrictions on the right of successor homeowners protected by subsection (d) to assume a mortgage. (3) Defense in foreclosure If a lender fails to comply with paragraph (1), such failure may be asserted as a defense to any judicial or non-judicial foreclosure. (4) Recovery of statutory damages, actual damages, and costs In any successful action brought by a successor homeowner under this subsection, the homeowner shall be entitled to recover statutory damages not to exceed $1,000 per violation, actual damages, costs, and attorneys fees. . 3. Protection of home equity conversion mortgagors (a) Safeguard To prevent displacement of homeowner Subsection (j) of section 255 of the National Housing Act ( 12 U.S.C. 1715z–20(j) ) is amended— (1) in the first sentence by striking the homeowner’s obligation to satisfy the loan obligation is deferred until the homeowner’s death and inserting maturity of the loan obligation is deferred until the death of the homeowner and the homeowner’s spouse, the permanent relocation of the homeowner and the homeowner’s spouse ; and (2) by striking the second sentence. (b) Sale terms of eligible mortgages Paragraph (7) of section 255(d) of the National Housing Act ( 12 U.S.C. 1715z–20(d)(7) ) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and realigning such subparagraphs, as so redesignated, so as to be indented 6 ems from the left margin; and (2) by striking the matter that precedes clause (i) (as so redesignated by paragraph (1) of this subsection) and inserting the following: (7) (A) provide that— (i) the mortgagor may sell the dwelling that is subject to the mortgage for at least the lesser of the remaining balance on the mortgage or the appraised value of such dwelling; (ii) if the loan is due and payable, the mortgagor may sell the dwelling that is subject to the mortgage for the lesser of the remaining balance on the mortgage or the amount that is equal to 5 percent less than the appraised value of such dwelling; and (iii) upon the death of the mortgagor, the estate or heirs of the mortgagor may satisfy the loan obligation by paying the lesser of the remaining balance on the mortgage or the amount that is equal to 5 percent less than the appraised value of the dwelling that is subject to the mortgage; and (B) provide that the mortgagor, the estate of the mortgagor, or the heirs of the mortgagor shall not be liable for any difference between the amount of indebtedness under the mortgage and the amount recovered by the mortgagee from— .