HR 906 IH
111th CONGRESS
1st Session
H. R. 906
To provide incentives for affordable housing.
IN THE HOUSE OF REPRESENTATIVES
February 4, 2009
Mrs. TAUSCHER (for herself, Mr. CARDOZA, Ms. ZOE LOFGREN of California, Ms. BERKLEY, and Mr. HINCHEY) introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To provide incentives for affordable housing.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the ‘Housing Disaster Area Foreclosure Prevention Act of 2009’.
(b) Table of Contents- The table of contents for this Act is as follows:
TITLE I--EXPANSION OF STATE FORECLOSURE MITIGATION PROGRAMS
Sec. 101. Stabilization of the mortgage revenue bond market.
Sec. 102. TARP assistance for refinancing underwater mortgages.
Sec. 103. Interest rate buy-down for refinancing mortgages and new mortgages for homes in areas served by State housing finance agency foreclosure prevention programs.
Sec. 104. HUD action to increase access to mortgage insurance by State housing finance agencies.
Sec. 105. State reports on use of refinancing bond authority.
TITLE II--HOUSING TAX INCENTIVES
Sec. 201. Temporary increase in volume cap for housing bonds issued for areas most affected by foreclosure crisis.
Sec. 202. Extension of time for using increased volume cap for housing bonds.
Sec. 203. Expansion of use of mortgage revenue bonds for mortgage refinancing loans.
Sec. 204. Alternative minimum tax limitations not applicable to refinancings of tax-exempt housing bonds.
Sec. 205. Clarification of applicability to high foreclosure impact areas.
TITLE I--EXPANSION OF STATE FORECLOSURE MITIGATION PROGRAMS
SEC. 101. STABILIZATION OF THE MORTGAGE REVENUE BOND MARKET.
The Secretary of the Treasury shall take all necessary steps to support the mortgage revenue bond market, including the use of amounts made available under title I of the Emergency Economic Stabilization Act of 2008 to purchase mortgage revenue bonds (as defined in section 143 of the Internal Revenue Code of 1986) at a rate of interest that makes the housing programs carried out with the proceeds of such bonds economically feasible.
SEC. 102. TARP ASSISTANCE FOR REFINANCING UNDERWATER MORTGAGES.
(a) Authority- The Secretary of the Treasury shall carry out a program to use amounts specified in subsection (e) to reduce the outstanding debt on qualifying existing underwater mortgages in connection with the refinancing of such mortgages.
(b) Qualifying Existing Underwater Mortgages- For purposes of this section, the term ‘qualifying existing underwater mortgage’ means a mortgage or mortgages on a 1- to 4-family owner-occupied residential property that has an appraised value that is less than the outstanding obligation under such mortgage or mortgages.
(c) Terms of Refinancing Mortgage- The Secretary may use amounts under the program under this section only with respect to qualifying existing underwater mortgages that are refinanced under a mortgage that is eligible to be financed with the proceeds of a mortgage revenue bond pursuant to section 143(k)(12) of the Internal Revenue Code of 1986.
(d) Recapture of Assistance Amounts- In making assistance available under the program under this section with respect to a qualifying existing underwater mortgage, the Secretary shall take such actions and enter into such binding agreements as are necessary to provide for recovery by the Secretary, upon any sale of the residential property subsequent to the refinancing of the mortgage under such program, of the lesser of--
(1) an amount equal to 50 percent of any proceeds of the sale in excess of the amount necessary to fully pay any outstanding obligations, including interest, under the refinanced mortgage; or
(2) the amount of assistance provided under the program with respect to such mortgage.
(e) Use of TARP Amounts- Of any amounts made available under title I of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211 et seq.), the Secretary of the Treasury shall reserve for use only under the program under this section, and shall use only under such program, amounts sufficient to provide assistance under the program in connection with any mortgage refinanced with the proceeds of a mortgage revenue bond pursuant to section 143(k)(12) of the Internal Revenue Code of 1986.
SEC. 103. INTEREST RATE BUY-DOWN FOR REFINANCING MORTGAGES AND NEW MORTGAGES FOR HOMES IN AREAS SERVED BY STATE HOUSING FINANCE AGENCY FORECLOSURE PREVENTION PROGRAMS.
(a) Authority- The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall each carry out a program under this section to purchase and securitize qualified refinancing mortgages and qualified new mortgages on single-family housing, in accordance with this section and policies and procedures that the Director of the Federal Housing Finance Agency shall establish.
(b) Purchase of Qualified Mortgages-
(1) REQUIREMENT TO PURCHASE- If a lender proffers to an enterprise, in accordance with requirements established by the Director, a mortgage or mortgages for purchase under this section, the enterprise shall make a determination of whether such mortgage or mortgages are qualified mortgages. Subject to subsection (h), if the enterprise determines that such mortgage or mortgages meet the requirements for qualified mortgages, the enterprise shall make a commitment to purchase, and shall purchase, the mortgage or mortgages.
(2) ADVANCE COMMITMENTS- The Director shall require each enterprise to establish a procedure for approval of lenders to receive commitments, in advance of the origination of qualified mortgages, for purchase of such mortgages under this section by the enterprise.
(c) Qualified Mortgages-
(1) QUALIFIED MORTGAGE- For purposes of this section, the term ‘qualified mortgage’ means a mortgage that is a qualified refinancing mortgage or a qualified new mortgage.
(2) QUALIFIED REFINANCING MORTGAGE- For purposes of this section, the term ‘qualified refinancing mortgage’ means a mortgage that meets the following requirements:
(A) SINGLE-FAMILY HOUSING IN HOUSING DISTRESS AREAS SERVED BY STATE HOUSING FINANCE AGENCY FORECLOSURE REDUCTION PROGRAMS- The property subject to the mortgage shall be a residence as defined in section 143 of the Internal Revenue Code of 1986 that is located within a qualified census tract or area of chronic economic distress (within the meaning given such terms in section 143(j) of such Code) that is located within a foreclosure crisis State (as such term is defined in section 146(d)(6) of such Code).
(B) PRINCIPAL RESIDENCE- The mortgagor under the mortgage shall satisfy the requirement in section 143(c)(1) of the Internal Revenue Code of 1986.
(C) REFINANCING- The principal loan amount repayment of which is secured by the mortgage shall be used to satisfy all indebtedness under an existing first mortgage that--
(i) was made for purchase of, or refinancing another first mortgage on, the same property that is subject to the qualified refinancing mortgage; and
(ii) was originated on or before January 1, 2008.
(D) INTEREST RATE; TERM TO MATURITY- The mortgage shall--
(i) bear interest at a single annual rate that is fixed for the entire term of the mortgage, which shall not exceed the annual rate that is 100 basis points less than the prevailing annual interest rate for mortgages of similar type and term to maturity, as determined by the Director; and
(ii) have a term to maturity of not less than 30 years and not more than 40 years from the date of the beginning of the amortization of the mortgage.
(E) UNDERWRITING STANDARDS- The mortgage shall meet such underwriting standards as the Director shall require.
(F) WAIVER OF PREPAYMENT PENALTIES- All penalties for prepayment or refinancing of the underlying mortgage refinanced by the mortgage, and all fees and penalties related to the default or delinquency on such mortgage, shall have been waived or forgiven.
(3) QUALIFIED NEW MORTGAGE- For purposes of this section, the term ‘qualified new mortgage’ means a mortgage that meets the following requirements:
(A) TERMS- The mortgage meets the requirements under subparagraphs (A), (B), (D), and (E) of paragraph (2).
(B) HOME PURCHASE- The principal loan amount repayment of which is secured by the mortgage shall be used to purchase the property that is subject to the qualified new mortgage.
(C) NEW MORTGAGES- The mortgage was originated on or after the date of the enactment of this Act.
(d) Exceptions to Underwriting Standards- Each enterprise shall establish such exceptions to the underwriting standards of the enterprise, including downpayment and credit rating standards, that conform to the underwriting standards established pursuant to subsection (c)(2)(E), as may be necessary to allow the enterprise to purchase and securitize qualified refinancing mortgages and qualified new mortgages under this section, in accordance with such requirements as the Director shall establish.
(e) Securitization-
(1) REQUIREMENT- Each enterprise shall, upon such terms and conditions as it may prescribe, set aside any qualified mortgages purchased by it under this section and, upon approval of the Secretary of the Treasury, issue and sell securities based upon such mortgages set aside.
(2) FORM- Securities issued under this subsection may be in the form of debt obligations or trust certificates of beneficial interest, or both.
(3) TERMS- Securities issued under this subsection shall have such maturities and bear such rate or rates of interest as may be determined by the enterprise with the approval of the Secretary.
(4) EXEMPTION- Securities issued by an enterprise under this subsection shall, to the same extent as securities which are direct obligations of or obligations guaranteed as to principal and interest by the United States, be deemed to be exempt securities within the meaning of laws administered by the Securities and Exchange Commission.
(5) PRINCIPAL AND INTEREST PAYMENTS- Mortgages set aside pursuant to this subsection shall at all times be adequate to enable the issuing enterprise to make timely principal and interest payments on the securities issued and sold pursuant to this subsection.
(6) REQUIRED DISCLOSURE- Each enterprise shall insert appropriate language in all of the securities issued under this subsection clearly indicating that such securities, together with the interest thereon, are not guaranteed by the United States and do not constitute a debt or obligation of the United States or any agency or instrumentality thereof other than the enterprise.
(f) Federal Reserve Financing Facility- The Secretary of the Treasury shall establish a credit facility of the Federal Reserve System to make credit available to the enterprises at interest rates comparable to rates on securities issued by the Secretary of the Treasury under chapter 31 of title 31, United States Code, and having comparable terms, as determined by the Board.
(g) Definitions- For purposes of this Act, the following definitions shall apply:
(1) DIRECTOR- The term ‘Director’ means the Director of the Federal Housing Finance Agency.
(2) ENTERPRISE- The term ‘enterprise’ means the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation.
(3) SECRETARY- The term ‘Secretary’ means the Secretary of the Treasury.
(h) Termination- The requirement under subsection (b)(1) for the enterprises to purchase mortgages shall not apply to any mortgage proffered to an enterprise after December 31, 2010.
SEC. 104. HUD ACTION TO INCREASE ACCESS TO MORTGAGE INSURANCE BY STATE HOUSING FINANCE AGENCIES.
Full Text of Legislation