HomeMy WebLinkAbout2008-159
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1 RESOLUTION NO. 2008-159
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO SUPPORTING H.R. 5818 AND H.R. 5579 REGARDING HOUSING
3 STABILIZATION
4
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
WHEREAS, homeownership is the foundation for stable and healthy communities; and
WHEREAS, when more citizens own their homes, communities and the local economy are
strengthened as homeowners make purchases for their homes and pay property taxes; and
WHEREAS, the San BernardinolRiverside area is among the top areas in the nation with the
highest foreclosure rate; and
WHEREAS, foreclosures lead to the detriment of healthy neighborhoods; and
WHEREAS, H.R. 5818 and H.R. 5579 are two bills aimed at mitigating the home foreclosure
crisis.
NOW, THEREFORE, BE IT RESOLVED by the City of San Bernardino that we hereby
support the passage of H.R. 5818 - Neighborhood Stabilization Act of 2008 and H.R. 5579
Emergency Mortgage Loan Modification Act of 2008 in an effort to increase the stabilization
of housing.
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2008-159
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
1 BERNARDINO SUPPORTING H.R. 5818 AND H.R. 5579 REGARDING HOUSING
2 STABILIZATION
3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
4 and Common Council of the City of San Bernardino at a
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Joint Regular
meeting thereof, held on the 19 th
day of May
, 2008, by the following
11 BRINKER
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DERRY
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KELLEY
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JOHNSON
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MCCAMMACK
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'Pa~J.1 lJ. fJ~
~ }:!t G. Clark, ICi2) Clerk % a-.h
The foregoing resolution is hereby approved this ~day ~ May ,
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oved as to Form:
9./~
es F. Penman, City Attorney
Innovative Federal Strategiesuc
Comprehensive Government Relations
MEMORANDUM
To:
Fred Wilson, Teri Baker and Lori Sassoon
City of San Bernardino
From:
Letitia White, Alex Shockey and Amanda King
Date:
May 13, 2008
Re:
Housinl! Lel!islative Update
At your request, this report will detail H.R. 5818 and H.R. 5579, two housing related bills, for
review by the Council.
The first bill, H.R. 5818, the Neighborhood Stabilization Act of 2008, was introduced by
Congresswoman Maxine Waters (D-CA). It passed the House 239-188 last week (5/8/08) and is
now pending in the Senate. The White House has threatened to veto the bill should it come to
the President.
H.R. 5818 authorizes the Secretary of Housing and Urban Development (HUD) to make $7.5
billion in grants and $7.5 billion in loans available to States with qualified plans to carry out
housing stimulus activities.
Qualified Plans: States must submit a plan to the Secretary that details their strategy for
stimulating the housing market, including prioritizing the allocation of funds to low- and
moderate- income neighborhoods with high foreclosure rates and providing preferences for
activities that serve the lowest income families and preferences for grant and loan amounts for
the acquisition offoreclosed properties. The Secretary must inform states within 30-days of
submission whether their plans are approved or disapproved. If the Secretary fails to inform
states within 30-days, the plan is considered approved.
Eligible Housing Stimulus Activities: The bill allows loans to be used to finance the purchase of
foreclosed housing for resale or rental and to rehabilitate foreclosed housing for the purpose of
resale. Grants can be used only for holding and operating foreclosed housing, costs related to
property acquisition, administrative costs, planning costs, housing rehabilitation, and for the
demolition of unsafe or deteriorated foreclosed housing.
Loan Program: The Secretary is authorized to make zero-interest, non-recourse loans to states,
counties, and cities. The bill also allows loan recipients to be eligible for repeat loans if the entity
has repaid at least 90 percent of its original loan amount. In addition, the loan program sunsets
48-months after the enactment of this legislation.
Suite 800.525 Ninth Street, NW. Washington, DC 20004.202-347-5990. Fax 202-347-5941
InllOvative Federal Strategies LLC
Grant Program: The Secretary is authorized to make grants to help states cover the cost of
purchasing foreclosed properties. Grants are expressly prohibited from being used for political
activities, advocacy, lobbying, counseling services, travel expenses, and preparing or providing
advice for tax returns.
Public Housing: The bill prohibits the demolition of public housing units.
Support: The National Governors Association, the U.S. Conference of Mayors, National
Association of Counties, National Association of Local Housing Finance Agencies, and the
National Council of State Housing Agencies all support the stimulus that this legislation would
provide. H.R. 5818 is also endorsed by a wide range of civil rights, community development,
labor, and low income housing groups, including the AFL-CIO, AFSCME, Catholic Charities,
Habitat for Humanity, the NAACP, the National Urban League, the National Low Income
Housing Coalition, and 17 national organizations comprising the National Foreclosure
Prevention and Neighborhood Stabilization Task Force.
In a press release, Congresswoman Waters said the following about her legislation, "To
understand the urgent need to enact this legislation, you just need to visit - as I have -
communities like Cleveland, Detroit, or the San Bernardino and Stockton metropolitan areas in
California, where block after block is dotted by foreclosed properties, many of them suffering
from neglect or actual vandalism. These abandoned and foreclosed properties drag down the
value of the homes still occupied by working families, contribute to a cascade effect whereby
plummeting home prices erode the tax base of state and local governments and harm real estate
related industries such as the construction trades."
H.R. 5579, the Emergency Mortgage Loan Modification Act of 2008, was introduced by
Congressman Michael Castle (R-DE). H.R. 5579 passed the House of Representatives 266-154
last week (5/8/08) as part of an amendment to a larger housing package called H.R. 3221, the
American Housing Rescue and Foreclosure Prevention Act. H.R. 3221 is now moving to
conference committee with the Senate-passed housing stimulus bill. While many parts ofH.R.
3221 do enjoy bi-partisan support, the President has threatened to veto the legislation.
H.R. 5579 establishes a standard for loan modifications or workout plans for pools of certain
residential mortgage loans. It would protect mortgage servicers from legal liability if they
perform loan modifications according to specific criteria established under the legislation. The
Congressional Budget Office estimates that enacting this legislation would have no significant
impact on the federal budget and would not affect direct spending or revenues.
Residential mortgages are often pooled together and sold to investors as securities. The pools of
loans are overseen by mortgage servicers, who have a fiduciary responsibility to maximize
returns to the investors. Many pooling and servicing agreements give servicers authority to
modify the terms of securitized loans if that action is in the interest of maximizing the value of
the loan pool, but some agreements are more restrictive. Pooling and servicing agreements can
be amended with the consent of investors. However, not all investors in mortgage-backed
securities share losses equally, which may limit servicers' ability to obtain permission to modify
1I1l1ovative Federal Strategies LLC
the terms of loans to ensure maximum value for all investors. H.R. 5579 would provide legal
protection for servicers of mortgage pools when they modify mortgages.
Servicer Dutv of Care: The servicer duty provisions are intended to provide a measure of clarity
and certainty to servicers by codifying concepts that are consistent with existing contractual
obligations. The legislation makcs clear that, absent any contractual provisions to the contrary,
the duty of the servicer to maximize, or not adversely affect, the recovery of proceeds from
pooled mortgage loans is owed for the benefit of investors in the aggregate, and not to any
individual investor or group of investors. This clarification is intended to reduce servicer
concerns about liability to investors in securitization tranches that may be disadvantaged by a
servicer's loss mitigation actions.
The legislation also clarifies that, absent contrary contractual provisions, a servicer is acting in
the best interest of all investors if it implements a modification or workout plan or engages in
other loss mitigation efforts, including accepting a short payment or short sale, for a loan that is
in default or for which default is imminent or reasonably foreseeable, to the extent the servicer
reasonably believes the modification will maximize the net present value to be realized on the
loan, including over that which would be realized through foreclosure. These changes are
intended to clear the way for servicers to initiate long-term sustainablc loan modifications that
will be a benefit to all parties.
Safe Harbor: The legislation provides a safe harbor from lawsuits by investors for servicers that
meet their prescribed duties, and enter into' qualified loan modification or workout plans.'
. Qualified loan modification or workout plan' is defined as a plan that: (I) remains in place for at
least five years, unless the borrower sells the property or refinances the loan during that time; (2)
includes repayment schedules that do not result in negative amortization; and (3) does not require
the borrower to pay additional points and fees. These conditions are intended to result in long-
term, sustainable and affordable mortgage obligations for homeowners and a continued stream of
income for investors. The safe harbor would apply only to owner-occupied residential mortgage
loans, and only to qualified modifications or workout plans initiated prior to January 1,2011.
The legislation would provide a safe harbor only from investor lawsuits and only for loan
modification or workout plans having the specified characteristics. The legislation's intent is not
to affect the ability of consumers or borrowers to pursue claims against lenders or serviccrs for
fraud or for discriminatory or abusive lending practices.
Please feel free to call us with any questions.
I
110m CONGRESS H R 5818
2D SESSION
. .
To ",lthorize the Secretary of Housing and Urban Development to make
loans to States to acquire foreclosed housing and to make grants to
StClte~ foI' relClted eOl-lts.
IN THE HOUSE OF REPRESENTATIVES
APRIL 16, 2008
Ms. WATERS (for herself, MI'. FRANK of Massachusetts, Mrs. MALONEY of
New York, MI'. WATT, Mr. :\Lu!ONEY of Florida, :vIs. VELAzQUEZ, Mr.
AL GREEN of Texas, Mr. GUTIERREZ, :vIr. LYNCH, Mr. CARSON, MI'.
ELLISON, and Mr. CLAY) introduced the following bill; which was refen'ed
to the Committee on Fimmeial S81",;ees
A BILL
To authorb:e the Secretary of Housing and Urhan Develop-
ment to make loans to States to acquire foreclosed llOUS-
mg and to make grants to States for related costs.
1 Be it enacted by the Senate and House of Representa-
2 tives ufthe United States uf America in Cungress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may he cited as the "Ncighhorhood Sta-
5 bilization Act of 2008".
6 SEC. 2. CONGRESSIONAL PURPOSES.
7 The purposes of this Act are-
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1 (1) to establish a loan and grant program ad-
2 ministered hy the Department of Housing and
3 Urban Development to help States purchase and re-
4 habilitate owner-vacated, foreclosed homes with the
5 g'Oal of stabilizing' am] occupying them as soon as
6 possible, either through resale 01' rental to qualified
7 families;
8 (2) to distrihute these loans and grants to areas
9 with the highest foreclosure levels;
10 (3) to provide incentives for States to use the
11 funds to stabilize as many propClties as possible;
12 and
13 (4) to prmide housing for low- and moderate-
14 income families, especially those that have lost
15 homes to foreclosure.
16 SEC. 3. LOANS AND GRANTS TO STATES.
17 The SecretaJY of Housing and Urban Development
18 shall, subject to the availability of amounts under section
19 12, make grants under section 5(a) to qualified States and
20 make loans under section 6 in accordance with the ap-
21 proved plans of qualified States. for use to carry out eligi-
22 ble housing stimulus acthities under section 7.
23 SEC. 4. QUALIFIED PLANS.
24 (a) IN GENEl{Ah-The Secretary may make a grant
25 under this Act only to a State, and may allocate a loan
.RR 5818 m
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1 authority amount under this Act. only for a State, that
2 has submitted t.o the Seeretary H plan that. meet.s t.he re-
3 quirements under this section and has been approved
4 under this seetion.
5 (b) CONTENTs.-A plan under this section for a
6 State shall-
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(1) designat.e a St.ate housing finance agency,
or ot.her agency, depart.ment., or entit.y of t.he St.at.e,
or any other designee, as the State administ.rat.or to
act on behalf of the State for purposes of this Act;
(2) describe the housing st.imulus aetivities
under section 7 to be calTied out with assistance
under this Act. for the State by the ent.it.ies ident.ified
pursuant. t.o pHragraph (1) of t.his subsect.ion;
(3) describe how such activities will help restore
or improve the viability of neighborhoods by pro-
,iding for purchase 01' occupancy of qualified fore-
closcd propmties as soon as practicable and 111 a
manner t.hat. will facilitat.c repayment of the loans
provided under t.his Act for cHI'l}ing out. such act.hi-
ties'
,
(4) set fOlth the procedures that the State will
use to allocate grant and loan amounts and monitor
for compliance with the requirements of section 7;
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1 (5) providc that grant and loan amounts pro-
2 yided under this Act for the State will he used only
3 for eligible housing stimulus activities under section
4 7 that are eligible under such section for assistance
5 with grant 01' loan amounts, as applicable;
6 (6) provide preference for activities that serve
7 thc lowcst incomc familics, who othcl'\visc mcct thc
8 income requirements under section 7, for the longest
9 period and homeowners, who otherwise meet such in-
10 come requirements, whose mortgages have been fore-
11 closed;
12 (7) describe any other preferences the State
13 may cstablish, such as housing for school tcachcrs,
14 veterans, workforce, or homeless persons;
15 (8) provide for obligation and outlay of grant
16 amounts, and for loan commitments and disburse-
17 ment, in accordance with the requirements under
18 section 9; and
19 (9) in thc casc of any grant or loan amounts,
20 that will bc inycstcd with the possihility of a rcturn
21 on investment, provide for use of any return on such
22 investment only for one 01' more eligible housing
23 stimulus activities under section 7.
24 (e) SVB!VIISSION.-
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1 (1) Ix GENERAh-The SccretalY shall prmide
2 for States to submit plans under this section to the
3 Secretary and shall establish requirements for the
4 contents and form of such plans. Except in the ease
5 of plan resubmitted pursuant to subsection (d)(3),
6 the SecretalY may not am~ept 01' consider a plan un-
7 less the plan is submitted to the Seeretmy before the
8 expiration of the 30-day period beginning upon the
9 date of the enactment of this Act.
10 (2) PUBLIC APPROYAL.-A State may not sub-
11 mit a plan to the Secretmy unless the plan IS ap-
12 proved by the governor of the State after a public
13 hearing on the plan held pursuant to reasonable
14 public notice.
15 (d) REVIEW AND APPROVAL.-
16 (1) TIMING.-The Secretmy shall reVlew, and
17 approve or disapprove, each plan submitted or resub-
18 mitted pursuant to paragraph (3) in compliance with
19 the requirements established under this section be-
20 fore the expiration of the 15-day period beginning
21 upon the submission of the plan. If the Secretary
22 does not approve 01' disapprove a plan that is sub-
23 mitted 01' resubmitted in accordance 'Aith the re-
24 quirements under this section before the expiration
25 of such 15-day period and notify the State of such
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1 approyal or disapproyal, the plan shall be eonsidered
2 approyed for purposes of this section.
3 (2) STA.'\DARD FOR DISAPPROVAL.-The Sec-
4 retary may disapprove a plan only if the plan fails
5 to comply with the requirements of this Ad.
6 (3) RESUBMISSION.-If the Secretary dis-
7 approycs the plan of a State, the Secretary shall
8 submit to the State the reasons for the disapproval,
9 and the State may, during the 15-day period that
10 begins upon notification of such disapproval and the
11 reasons for such disapproval, submit to the Sec-
12 retaJY a revised plan for review and approval in ac-
13 cm'dance with this subscction.
14 SEC. 5. ALLOCATION OF AMOUNTS.
15 (a) GRANTS.-From the total amount made available
16 under section 12(a) for grants under this Act, the Sec-
17 retary shall make a grant to each qualified State in the
18 grant amount determined under subsection (c) of this sec-
19 tion for the qualified State.
20 (b) IjOANS.-Frorn the aggTegate amount of autbor-
21 ity for the outstanding principal balance of loans made
22 under this Act pursuant to section 12(b)(I), the Secretar:r
23 shall allocate such authority for loans under this Ad for
24 cach qualified State in thc loan authority amount deter-
.HR 5818 UI
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1 mined under subsection (c) of this scction for thc qualified
2 State.
3 (c) GRANT AMOUNTS AND LOA., AUTHORITY
4 AMOUNTs.-The grant amount or loan authority amount
5 for a qualified State shall be the foreelosure grant share
6 or foreelosure loan share, respeetiyely, for the State deter-
7 mined under subsection (d), as such share is adjusted in
8 accordance with an index established or selected by the
9 Secretary to account for differences between qualified
10 States in the median price of single family housing in such
11 States.
12 (d) FOREUI,OSURE SHARER-For purposes of this
13 section:
14 (1) GRANT SHARE.-The foreclosure grant
15 share for a qualified State shall be the amount that
16 bears the same ratio to the total amount made m'ail-
17 able under seetion 12(a) as the number of fore-
18 elosures on mortgages for single family housing oc-
19 eurring in such State during the most recently com-
20 )lleted four calendar quarters for which such infor-
21 mation is available. as determined by the Secretary,
22 hears to the aggregate number of such foreclosures
23 occulTing in all qualified States during such cal-
24 endar quarters.
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1 (2) !jOAN sHARE.-The foreelosure loan share
2 for a qualified State shall he the amount that hears
3 the same ratio to the aggregate amount of the prin-
4 eipal balance of loans that may be outstanding at
5 any time under this Aet pursuant to seetion 12(b)(1)
6 as the number of foreelosures on mortgag'es for sin-
7 gle family housing occurring in such State during
8 the most recently completed four calendar quarters
9 for which sueh information is ayailable, as deter-
10 mined by the Secretary, bears to the aggregate num-
11 bel' of such foreclosures occurring in all qualified
12 States during such calendar quarters.
13 (c) DISTRIBUTION OF Fm,I, AvrOUNT.-The See-
14 retary shall estahlish the index referred t.o in suhsection
15 (e) and the grant and loan aut.horit.y amount.s for the
16 qualified St.at.es in a manner that. provides that-
17 (1) the aggregate of the grant amounts for all
18 qualified St.ates is equal to the total amount made
19 available under section 12(a); and
20 (2) t.he aggregat.e of the loan authorit.yamount.s
21 for all qualified States is equal to t.he aggregat.e
22 amount. of authority for the outstanding principal
23 balance of all loans made under this Act pursuant
24 to section 12(b)(1).
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1 (f) REQUIREMEXT To AU,OCATE TO QUAl,IFIED
2 METROPOLITAN CITIES.-Of any grant amounts and loan
3 authority amounts allocated pursuant to this section for
4 a State, such State shall allocate for each qualified metro-
5 politan city located in such State a portion of such grant
6 amounts and such loan authority amounts that bears the
7 samc ratio to such grant amounts and loan authority
8 muounts, respectively, allocated for the State HS the nUlll-
9 bel' of foreclosures on mortgages for single family housing
10 occurring in such qualified metropolitan city during the
11 most recently completed foul' calendar quarters for which
12 such information is available, as determined by the Sec-
13 rctary, bcars to thc aggrcgatc numbcr of such forcclosurcs
14 occurring in the State during such calendar qum1ers. A
15 State may adjust such allocation to account for differences
16 between median single family housing prices in the State
17 and in qualified metropolitan cities in the State.
18 SEC. 6. LOANS.
19 (a) REQUIREMENT OF IJOAN AUTHORITY AMOUNT.-
20 The Secretary may make a loan under this Act for use
21 in a qualified State only to the extent and in such amounts
22 that loan authority amounts for such State are available.
23 (b) REYOLYIXG AYAILABILITY OF LOAN AUTHORITY
24 AMOPNT.- The loan authority amount allocatcd for each
25 qualificd Statc shall-
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1 (1) upon thc SccrctalJ' cntcring into a binding
2 commitment to make a loan under this Act for use
3 in such State, be decreascd by the amount of the
4 principal obligation of such loan; and
5 (2) upon thc rcpayment to the Secretary by any
6 borrower of any principal amounts borrowed under
7 a loan this Act for usc in such Statc, be incrcased
8 by the amount of principal repaid.
9 (c) ASSISTED ENTITIES.-The loan authority amount
10 of a qualified State may be used under section 7(a) to
11 provide a loan for the purchase 01' finance the purchase
12 of qualified foreclosed housing by-
13 (1) thc Statc;
14 (2) a unit of local government or a 10c1\1 gm'ern-
15 mental entity; or
16 (3) 1\ nonprofit organization.
17 (d) LOAN TERMS.-Each loan provided under this
18 Ad from thc loan authority amount of a qualificd Statc
19 shall-
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.HR 5818 III
(1) bear no interest;
(2) have a term to maturity of-
(A) 2 years, in the case of any loan made
to purchase 01' finance the purchase of qualified
foreclosed housing for use under section 7(a)(1)
for homcowncrship; and
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(B) 5 ycars, in thc casc of any loan madc
to purchase or fimmce the purchase of qualified
foreclosed housing for use under section 7(a)(2)
for rental'
,
(3) not provide for amOltization of the principal
obligation of the loan during such term;
(4) require payment of the original principal ob-
ligation under the loan only upon the expiration of
the term of the loan; and
(5) have such other terms and conditions as the
SecretalY may prm;de.
(e) PROCEDl1RE.-Upon a request, by a State admin-
13 istrator, for a loan under this Act from the loan authority
14 amount of the qualified State for which such adminis-
15 trator acts, the Secretary shall enter into a loan agreement
16 as the Secretmy deteJwines appropriate with the bOlTower
17 under the loan and shall disburse the loan amount in ac-
18 cordance with such terms, subjeet only to the absem~e of
19 sufficient loan authority amount for thc Statc.
20 (f) ELIGIBILITY ~'OR REPEAT IJENDING.-A loan
21 under this Act may be made to an entity that has pre-
22 viously borrowed amounts under a loan under this Act
23 only if such entity has repaid 95 percent 01' more of the
24 amounts duc, including principal and intercst, under all
25 previous such loans.
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1 (g) SUNSET.-The SecrctaI]' may not cntcr into any
2 commitment to make a loan under this Act, 01' make any
3 such loan, after the expiration of the 24-month period be-
4 ginning on the date of the enactment of this Act.
5 SEC. 7. ELlGmLE HOUSING STIMULUS ACTIVITIES.
6 (a) LOAN AMOUNTs.-Amounts provided under a
7 loan under this Act for a qualified State shall be used,
8 in accordance with the apJlroved plan of such State, only
9 for the following activities:
10 (1) HOMEOWNERSHIP HOUSING PROYISION.-
11 To purchase 01' finance the purchase of qualified
12 foreelosed housing for resale as housing for home-
13 ownership to families having incomes that do not ex-
14 eeed 140 percent of the median income for the area
15 in which the housing is located.
16 (2) REXTAL HOUSING PROYISION.-To pur-
17 chase 01' finance the purchase of qualified foreelosed
18 housing for use only as rental housing, subject to
19 the following requirements:
20 (A) QUALIFIED TEXA.'\Ts.-AIl dwelling
21 units m the housing purchased or financed
22 usmg any loan amounts shall be available for
23 rental only by families whose incomes do not
24 exceed 100 pcrcent of the median income for
25 the area in which the housing is located.
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(B) RENTS.-Rcnts for cach dwclling unit
m the housing purchase or financed using any
loan amounts shall be established at amounts
that do not exceed market rents for comparable
dwelling units located in the area in which the
housing is located and in accordance with such
rcquircments as thc Sccrctmy shall establish to
ensure that rents are established in a fair ob-
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jectiye, and arms-length manner.
(3) HOUSIXG REHABILITATIOX.-To rehab ili-
tate qualified foreclosed housing acquired with as-
sistance provided pursuant to this subsection, to the
cxtent necessary to comply with applicable laws,
codes, and other requirements relating to housing
safety, quality, and habitability, for the purpose of
reselling the housing, to the extent possible, during
the 3-month pcriod that begins upon completion of
rehabilitation and at a price that is as dose as pos-
siblc to the acquisition price of the housing.
(b) GRANT AlIWUNTS.-Grant amounts provided
21 under this Act to a qualified State shall be used, in accord-
22 ance with the approved plan of such State, only for the
23 following aetiyities:
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(1) Ol'EHA'l'ING AND IIOIJDI:\G CosTS.-For
25 costs of holding and operating qualified foreclosed
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1 housing acquircd pursuant. t.o subscct.ion (a), includ-
2 ing cost.s of management., t.axes, handling, insurance,
3 and ot.her related costs.
4 (2) COSTS RELATING TO PROPERTY ACQl'ISI-
5 TION.-For costs relating to acquisition of qualified
6 foreelosed housing pursuant to subsection (a), in-
7 cluding rcasonablc closing cost.s.
8 (3) ADMINISTRATIVE CosTS.-For administra-
9 tive and planning costs of the State in administering
10 loan authorit.y amounts and grant amounts under
11 t.his Act, except. that. the amount. of grant amounts
12 provided under this Aet. to a State that may be used
13 undcr this paragraph shall not. exceed t.he amount.
14 equal t.o 4 percent of the sum of t.he grant.s amount.s
15 provided to the State pursuant to section 5(a) and
16 the loan authority amount allocated t.o the State
17 pursuant to section 5(b).
18 (c) PHOIlIBI'l'BD USBs.-'l'he Secretary shall, by reg-
19 ulat.ion, set. forth prohibit.ed uses of grant 01' loan amounts
20 under t.his Act., which shall include use for-
21 (1) political acthities;
22 (2) advocacy;
23 (3) lobb)ing, whether directly 01' through other
24 parties;
25 ( 4) counseling services;
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1 (5) trayel expenses; and
2 (6) preparing or prmiding advice on tax re-
3 turns.
4 (d) INCOME TARGETING REQPIREMENT.-
5 (1) VERY I,OW-IXCOME FAMILIES.-Not less
6 than 50 percent of the total gl'ant amounts a State
7 or qualified metropolitan city makes ayailable undcr
8 this Act shall he used for activities under suhsection
9 (b) in connection with providing housing for families
10 whose incomes do not exceed 50 percent of the me-
11 dian income for the area in which the honsing is 10-
12 cated.
13 (2) EXTRE:vIEI,Y LOW-INCOME FAMII,IES.-Not
14 less than 50 percent of the total grant amounts a
15 State or qualified metropolitan city makes available
16 under paragraph (1) shall he used for activities
17 under suhseetion (b) in connection with providing'
18 housing for families whose incomes do not exceed 30
19 pcrccnt of thc median incomc for thc area in which
20 the housing is located.
21 (3) WAIYER.-Thc Secretary may wai\'e the re-
22 quirement under paragraph (2) with respect to a
23 State or qualified metropolitan city if sneh State or
24 city demonstrates to thc satisfaction of the Secretary
.HR 5818 m
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1 t.hat. it. has at.t.cmpt.cd t.o, but. can not. comply wit.h,
2 such requirement..
3 (e) SEcuRITY.-The Secret.ary shall ret.ain a lien on
4 any qualified foreclosed housing purchased 01' financed
5 wit.h a loan under t.his sect.ion in t.he amount. of t.he prin-
6 cipal obli!!:at.ion under t.he loan and int.erest. due under t.hc
7 loan.
8 (f) QUALIFIED HOMEOWNERS.-This Act. may not. he
9 const.rued t.o prevent. t.he resale of qualified foreclosed
10 housing t.o a prior owner OJ' occupant. of such housing who
11 meet.s t.he income requirements of this Act.
12 (go) VOUCHER NONDISCRIMINATION.-A recipient of
13 amount.s from a loan 01' grant. undcr t.his Act. may not.
14 refuse t.o lease a dwelling unit. in housing assist.ed wit.h
15 any such loan or grant amounts to a holder of a voucher
16 01' certificate of eligibility under section 8 of the United
17 States Housing Act of 1937 (42 U .S.C. 1437f) because
18 of t.he status of the prospect.ive tenant. as such a holder.
19 (h) EFFECT OF FORECIJOSURE ON PREEXISTING
20 IJEASE.-
21 (1) IN GExERAL.-In the case of any fore-
22 elosure on any dwelling 01' residential real property
23 acquired with any amounts made available under
24 this Ad, any successor in interest in such property
.HR 5818 IH
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1 pursuant to thc forcclosurc shall assumc such intcr-
2 est subject to-
3 (A) the provision, by the successor in inter-
4 est, of a notice to vacate to any bona fide ten-
5 ant at least 90 days before the effective date of
6 the notice to vacate; and
7 (B) the rights of any bona fide tenant, as
8 of the date of such notice of foreclosure-
9 (i) under any bona fide lease entered
10 into before the notice of foreclosure to oe-
11 eupy the premises until the end of the re-
12 maining term of the lease or the end of the
13 (j-month period beginning on the date of
14 the notice of foreclosure, whichever occurs
15 first, subject to the receipt by the tenant
16 of the 90-day notice under subparagraph
17 (A); or
18 (ii) without a lease or with a lease ter-
19 minable at will under State law, subject to
20 the receipt by the tenant of the 90-day no-
21 tice under subparagraph (A), except that
22 nothing under this subparagraph shall af-
23 fect the requirements for termination of
24 any federally subsidized tenancy.
.HR 5818 m
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1 (2) BONA FIDE I,EASE OR TE:\'A.,CY.-For pur-
2 poses of this section, II lellse 01' tenllncy shall be con-
3 sidered bona fide only if-
4 (A) the mOltgagor under the contract IS
5 not the tenant;
6 (B) the lease or tenancy was the result of
7 an arms-Icngth transllction; 01'
8 (C) the lease 01' tenllncy reqUires the re-
9 ceipt of rent that is not substantially less than
10 fail' market rent for the property.
11 SEC. 8. SHARED APPRECIATION AGREEMENT.
12 Notwithstanding any other provision of this Act, no
13 amounts from II loan 01' grant under this Act may be used
14 under section 7 for llny qualified foreclosed housing unless
15 such binding agreements are entered into, in accordance
16 with such requirements as the Secretmy shall cstablish,
17 that ensure that the Federal Govel'l1ment shall, upon any
18 sale or disposition of the qualified foredo sed housing by
19 thc owner who llcquires the housing pursullnt to assistancc
20 under this Act, receive an amount equal to 20 percent of
21 the difference between the net proceeds from such sale or
22 disposition and the cost of such acquisition of the housing
23 pursuant to assistance under this Act, after deductions for
24 expenditures paid 01' incuned after the date of such llcqui-
25 sition that are propcrly chargcable to capitlll account
.HR 5818 m
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1 (within the meaning of section 1016 of the Internal Rev-
2 enue Code of 19R6) with respect to sueh housing.
3 SEC. 9. SPENDING REQUIREMENTS.
4 (a) IN GEXERAh-Eaeh qualified State that reeeives
5 a grant under this Act or is allocated loan authority
6 amounts under this Act pursuant to section 5(b) shall-
7 (1) eommence obligation of such grant amounts
8 and commitment of such loan authority amounts not
9 later than the expiration of the 45-day period that
10 begins upon approval of the approved plan of State;
11 (2) obligate all such gl'ant amounts and enter
12 into commitments for all such loan authority
13 amounts not latcr than the expiration of the ISO-day
14 period beginning upon such approval; and
15 (3) except as provided in subsection (b), outlay
16 all sueh grant amounts and disburse all such loan
17 authority amounts not later than the 12-month pe-
18 riod that begins upon such approval.
19 This subsection shall not apply to loan authority amounts
20 of a qualified State attributable, pursuant to section
21 6(b)(2), to repayment of principal amounts of loans under
22 this Aet.
23 (b) EXCEPTION TO SPENDIXG REQUIREMEXT.-If a
24 State in good faith makes a request, in the plan submitted
25 to the Secretary pursuant to seetion 4 or otherwise after
.HR 68r8 IH
20
1 approval of such plan, for cxtcnsion of thc pcriod rcferred
2 to in paragraph (1), (2), or (3) of subsection (a) of tbis
3 section, the Secretary may extend the period for not more
4 than 3 months.
5 SEC. 10. ACCOUNTABILITY.
6 (a) REPORTINu.-Each qualified State that receives
7 a grant or allocation of loan authority amount under this
8 Act shall submit a report to the Secretary, not later than
9 the expiration of the 12-month period beginning upon the
10 approval of the qualified plan by the Secretary, regarding
11 use of such amounts which shall contain such information
12 as the Secretary shall requirc.
13 (b) MrsURE OF AlImuNTR.-lf the Sccretary dcter-
14 mines that any amounts from a grant OJ' loan under this
15 Act for a qualified State has been used in a manner that
16 is materially in violation of this Act, any regulations issued
17 under this Act, or any requirements ()]' conditions under
18 which such amounts were provided, the Secretary shall re-
19 quire the State to reimburse the Treasury of the United
20 States in the amount of any such misused funds.
21 SEC. 11. DEFINITIONS.
22 For purposes of this Act, the following definitions
23 shall apply:
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21
1 (1) APPROVED PI,AN.-The term "approved
2 plan" means a plan of a State that has been ap-
3 proved pursuant to section 4.
4 (2) COVERED MUWIFAMILY HOUSING.-The
5 term "covered multifamily housing" means a l'esi-
6 dential stmcture that-
7 (A) consists of 20 or fewcr dwelling units;
8 and
9 (B) is predominantly vacant.
10 (3) LOAN AUTHORITY AMOl'XT.-The tel1l1
11 "loan authority amount" means, with respect to a
12 qualified State, the amount of loan authority avail-
13 able pursuant to section 12(b)(1) that is allocated
14 for the State pursuant to section 5(b), as such
15 amount may he increased or decreased pursuant to
16 seetion 6(b).
17 (4) NONPROFIT ORGANIZATIOX.-The term
18 "nonprofit organization" has thc mcaning gIvcn
19 such term in section 104 of thc Cranston-Gonzalez
20 National Affordable Housing Aet (42 D.S.C.
21 127(4).
22 (5) QUALIFIED FORECLOSED HOUSIXG.-'l'he
23 term "qualified foreclosed housing" means housing
24 that-
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2
3
4
5
6
7
8
9
10
11
12
13
14
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16
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(A)(i) is sing-Ic family housing that is not
occupied or vacated by an owner, pursuant to
foreclosure or assignment of the mortgage on
the housing or forfeiture of the housing; or
(ii) is covered multifamily housing;
(B) is owned by a lender, mOltgag'e com-
pany, invcstor, financial institution, 01' othcr
such entity, 01' any government entity, pursuant
to foreclosure or assignment of the mOltgage on
the housing or forfeiture of the housing; and
(C) has a purchase price-
(i) in the case of sing'le family hous-
ing, that docs not cxcccd 90 pcrccnt of thc
average purchase price for single family
housing in the area in which the housing
is located, as detennined by the Secretary.
(ii) in the case of covered multifamily
housing, that does not exceed the dollar
amount limitation, for housing- of the ap-
plicable si7\e located in the arca in which
the housing is located, on the amount of a
principal obligation of a mortgage eligible
for insurance under section 207 of the Na-
tional Housing Act (12 V.S.C. 1713), as in
effcct on the date of thc cnactmcnt of this
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23
1 Act. pursuant. t.o such scct.ion 207(c)(3)(A)
2 and sect.ion 206A of such Act. (12 U.S.C.
3 1712a).
4 (6) QVALIFIED METROPOLITAN CITY.-The
5 t.erm "qualified met.ropolit.an cit.y" means an incor-
6 porat.ed place t.hat. is among t.he 25 most. populous
7 incoI1>orat.cd places in t.he Unit.ed St.at.es, as det.er-
8 mined according t.o dat.a from t.he most. recent. decen-
9 nial census t.hat. is published before t.he dat.e of t.he
10 enactment of this Act..
11 (7) QVALIFIED STATE.-The term "qualified
12 State" means a State for which there is an approved
13 plan.
14 (R) SECRETARY.-The t.erm "Secret.ary" means
15 the Secretary of Housing and Urban Development.
16 (9) SINGLE FAMILY HOVSING.-The t.erm "sin-
17 gle family housing" means a residential structure
18 consist.ing of from one t.o four dwelling unit.s.
19 (10) STATE.-The t.erm "State" means any
20 St.ate of the Unit.ed States, t.he Dist.rict of Columbia,
21 the Commonwealth of Puerto Rico, the Common-
22 wealth of the NOIthern Mariana Islands, Guam, the
23 Virgin Islands, American Samoa, and other territoI)'
24 or possession of the Unit.ed States.
.HR 6818 ill
24
1 (11) STATE ADMINISTRATOR.-The t.erm "St.at.e
2 administ.rat.or" means t.he ent.it.y of a qualified St.at.e
3 t.hat is designated, pursuant to section 4(b)(1), in
4 the approved plan of the State to act fol' t.he State
5 for purposes of this Act.
6 SEC. 12. FUNDING.
7 (a) GRANTS.-There is aut.horized to be appropriat.ed
8 t.o t.he Secretary of the Treasury $7,500,000,000 for
9 grants under this Act.
10 (b) DIRECT LOANS.-
11 (1) LOAN COMMITMENT AUTHORITY LIMITA-
12 TION.-Subject only to the m'ailability of sufficient
13 amounts for the cost.s (as such t.erm is defined III
14 section 502 of the Federal Credit Reform Act. of
15 1990 (2 V.S.C. 661a)) of such loans and the ab-
16 sence of qualified requests for loans, the SecretalY
17 shall enter into commitments to make loans under
18 this Act, and shall make such loans, in an amount
19 such t.hat t.he aggregat.e out.st.anding principal bal-
20 ance of such loans does not. at. any t.ime exceed
21 $7,500,000,000.
22 (2) AUTHORIZATION OF APPROPRIATIONS FOR
23 cosTs.-There is aut.horized t.o be appropriated such
24 sums as may bc ncccssary for costs (as such term
25 is defincd in section 502 of the Federal Credit. Re-
.HR 5818 IH
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1 form Act of 1990 (2 n.s.c. 661a)) of loans undcr
2 this Act.
3 SEC. 13. REGULATIONS AND IMPLEMENTATION.
4 (a) REG1TLATIONS.-The Secretary shall Issue any
5 regulations necessalY to cal'lY out this Ad.
6 (b) IMPI,EMENTATION.-Pending the effectiveness of
7 ]'cgulations issucd pursuant to subsection (a), the Sec-
8 retary shall take such action as may he necessary to imple-
9 ment this Act hy notice, guidance, and interim rules.
o
.HR 5818 m
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110THCONGRESS H R 5579
2D SESSION
. .
To remove an impediment to troubled debt restl'l1ctming on the part of
holders of residential mortgage loans, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 11, 2008
MI'. CASTLE (for himself and MI'. KANJORSKl) introduced the following bill;
which was referred to the Committee on Financial Services
A BILL
To remoye an impediment to troubled debt restlUeturing
on the part of holders of residential mortgage loans,
and for other ]lUI1loses.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Ad may be eited as the "Emergeney Mortgage
5 Loan Modification Act of 2008".
2
1 SEC. 2. SAFE HARBOR FOR QUALIFIED LOAN MODIFICA.
2 TIONS OR WORKOUT PLANS FOR CERTAIN
3 RESIDENTIAL MORTGAGE LOANS.
4 (a) STANDARD FOR LOAN MODIFICATIONS OR WORK-
5 OUT PLANS.-Absent speeific contractual provisions to the
6 contraIY-
7 (1) thc duty to maXlllllZC, or to not ach'crscly
8 affect, the recovClY of total proceeds from pooled
9 residential mortgage loans is owed by a sel\'icer of
10 such pooled loans to the securitization vehicle for the
11 benefit of all investors and holders of beneficial in-
12 terests in the pooled loans, in the aggregate, and not
13 to any indh-idual paIi.y or group of paltics; and
14 (2) a scrviccr of poolcd rcsidcntial mortgagc
15 loans shall be deemed to be acting on behalf of the
16 securitization vehicle in the best interest of all inves-
17 tors and holders of beneficial interests in the pooled
18 loans, in the aggregate, if for a loan that is in pay-
19 mcnt dcfault undcr thc loan agrccmcnt or for which
20 paymcnt dcfault is immincnt 01' rcasonably forcscc-
21 able, the loan serviceI' makes reasonable and docu-
22 mented efforts to implement a modification or work-
23 out plan 01', if such efforts are unsuccessful 01' such
24 plan would be infeasible, engages in other loss miti-
25 gation, including acccpting a short paymcnt or par-
26 tial dischargc of principal, or agrccing to a short
.HR 5579 IH
3
1 sale of the property, to the extent that the seITleer
2 reasonahly helieves the modification 01' workout plan
3 or other mitigation actions will maximize the net
4 present value to he realized on the loan over that
5 which would be realized through foreclosure.
6 (b) SAFE lIARBOR.-Absent specific contractual pro-
7 visions to the eontraIY, a serviceI' of a residential mortgage
8 loan that acts in a manner consistent with the duty set
9 forth in subsection (a), shall not be liable for entering into
10 a qualified loan modification or workout plan, to-
II (1) any person, based on that person's owner-
12 ship of a residential mortgage loan 01' any interest
13 in a pool of residential mmtgage loans or in seeUl'i-
14 ties that distrihute payments out of the principal, in-
15 terest and other payments in loans on the pool;
16 (2) any person who is obligated to make pay-
17 ments determined in reference to any loan 01' any in-
18 tcrcst rcfclTcd to in paragraph (1); 01'
19 (3) any person that insures any loan 01' any in-
20 terest refel'l'ed to in pm'agraph (1) under any law or
21 regulation of the United States 01' any law or regula-
22 tion of any State 01' political suhdh-ision of any
23 State.
24 (c) RULE 01<' CONS'l'HUC'l'ION.-No provision of this
25 section shall he eonstmed as limiting the ability of a
.HR 5579 ill
4
1 servicer to cntcr into loan modifications or workout plans
2 other than qualified loan modification or workout plans.
3 (d) DEFINITIONS.-For purposes of this section, the
4 following definitions shall apply:
5 (1) QUALIFIED I,OA., MODIFICATION OR WORK-
6 OUT PI,AN.-The term "qualified loan modification
7 01' workout plan" mcans a modification or plan
8 that~
9 (A) is scheduled to remam III place until
10 the borrower sells or refinances the propelty, or
11 for at least 5 years from the date of adoption
12 of the plan, whichevcr is sooner;
13
14
15
16
17
18
19
20
21
22
(B) docs not providc for a rcpaymcnt
schedule t.hat. result.s in negat.ive amortizat.ion
at. any t.ime' and
. ,
(e) does not reqUIre the borrower t.o pay
additional point.s and fees.
(2) RESIDE~'l'IAI, MOH'l'GAGE j,OAN DEI<'INED.-
Thc t.crm "rcsidcnt.ial mortgage loan" mcans a loan
that is secured by a lien on an owner-occupied resi-
dential dwelling.
(3) SECl!RITIZATION VEHICLE.-The t.erm
23 "securitizat.ion vehicle" means a bust., corporation,
24 part.ncrship, limit.cd liability cntit.y, special purpose
25 cnt.ity, or othcr stmcturc t.hat--
.HR 5579 III
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1
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3
4
5
6
7
8
(A) is thc issuer, or IS crcated by thc
issuer, of mortgage pass-through certificates,
participation certificates, mortgage-backed secu-
rities, 01' other similar securities backed by a
pool of assets that includ.es resid.ential mortgag'e
loans' and
,
(B) holds such loans.
(e) EFFECTI'I'E PERIOD.-This section shall apply
9 only with respect to qualified loan modification or workout
10 plans initiated. prior to JanualJ' 1, 2011.
o
.HR 5579 III
RESOLUTION OF THE CITY COUNCIL OF SAN BERNARDINO, CALIFORNIA, URGING THE
UNITED STATES CONGRESS TO IMPLEMENT THE HOMEOWNERS AND BANK PROTECTION ACT
OF 2007.
Whereas, the onrushing financial crisis engulfing home mortgages, debt instruments of all types, and the banking
system of the United States threatens to set off an economic depression worse than the 1930s; and
Whereas, millions of American citizens are threatened with foreclosure and loss of their homes over the upcoming
months, according to studies released by RealtyTrac.com and Moodys Economy.com; and
Whereas, according to RealtyTrac.com's 2008 First Quarter Metropolitan Foreclosure Report, the San
Bernardino/Riverside metropolitan area has the 2nd largest foreclosure rate in the nation, with 37,239 properties with
foreclosure filings, and 1 in every 38 households in this region in some stage of foreclosure during the fust quarter of
the year 2008. This fust quarter foreclosure rate is up 39.13% compared to the fourth quarter statistics of2007, and up
230.81 % compared to the first quarter statistics of the year 2007.
Whereas, the hedge funds which spread this financial collapse among markets worldwide, by dominating speculation
in all those markets, are now going bankrupt and demanding government bailout of their securities and derivatives,
and the nominal value of the derivatives based on morgages alone is the size of the combined gross domestic product
of the nations of the world; and
Whereas, this financial crisis is now threatening the integrity of both state and federally chartered banks, as typified
by the run on deposits of Countrywide Financial in California during the month of August; and such a banking
collapse would wipe out the life savings of American citizens, and drastically undermine the economic stability of our
states and cities; and
Whereas, the ongoing economic crisis in the United States, as expressed in the rise in the foreclosure rate in the City
of San Bernardino, is causing increasing economic hardship and suffering to the citizens of our city; and
Whereas, in a similar financial crisis in the 1930s, President Franklin D. Roosevelt intervened to protect banks and
homeowners; for example On April 13th, 1933, he introduced legislation Addressing Congress with a "Declaration of
National Policy," which stated ''That the broad interests of the nation require that special safeguards should be thrown
around home ownership as a guarantee of social and economic stability, and that to protect homeowners from
inequitable liquidation in a time of general distress is a proper concern of the government"; and therefore
Be it Resolved, that the City Council of San Bernardino hereby endorses the Homeowners and Bank Protection Act of
2007, as initiated by economist Lyndon H. LaRouche, Jr. This crisis is such that it requires emergency action that
only the United States Congress has the capability to enact. Congress must move quickly to keep people in their
homes and avert social chaos. This act includes the following provisions:
I. Congress must establish a Federal agency to place the Federal and state chartered banks under protection,
freezing all existing home mortgages for a period of however many months or years are required to adjust the
values to fair prices, and restructure existing mortgages at appropriate interest rates. Further, this action
would also write off all of the speculative debt obligations of mortgage-backed securities, derivatives and other
forms of Ponzi Schemes that have brought the banking system to the point of bankruptcy.
2. During the transitional period, all foreclosures shall be frozen, allowing American families to retain their
homes. Monthly payments, the equivalent of rental payments, shall be made to designated banks, which can
use the funds as collateral for normal lending practices, thus re-capitalizing the banking systems. These
affordable monthly payments will be factored into new mortgages, reflecting the deflating of the housing
bubble, and the establishment of appropriate property valuations, and reduced fixed mortgage interest rates.
This shakeout will take several years to achieve. In the interim period no homeowner shall be evicted from his
or her property, and the Federal and state chartered banks shall be protected, so they can resume their
traditional functions, serving local communities, and facilitating credit for investment in productive industries,
agriculture, infrastructure, etc.
D f<. f1-r=T rror>" La. "tJv.c.he PI'TG
3. State governors shall assume the administrative responsibilities for implementing the program, including the
, rental assessments to designated banks, with the Federal government providing the necessary credits and
guarantees to assure the successful transition. And therefore,
Be it Further Resolved, that the San Bernardino City Clerk shall forward this resolution to the California
congressional delegation, the governor of California, the California legislature, and also have it delivered to the
President of the United States for immediate implementation.
D R.l'f 'Pi 'Fro 1"" La. f( () LI. cI\~ P ~C