[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1116 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1116

 To improve the process through which loan originators participate in 
             FHA mortgage programs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 23, 2009

 Ms. Waters (for herself, Ms. Speier, and Mr. Driehaus) introduced the 
   following bill; which was referred to the Committee on Financial 
                                Services

_______________________________________________________________________

                                 A BILL


 
 To improve the process through which loan originators participate in 
             FHA mortgage programs, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Honest FHA Originator Act of 2009''.

SEC. 2. REQUIREMENTS FOR FHA-APPROVED MORTGAGEES.

    (a) Mortgagee Review Board.--Paragraph (2) of section 202(c) of the 
National Housing Act (12 U.S.C. 1708(c)) is amended--
            (1) in subparagraph (E), by inserting ``and'' after the 
        semicolon;
            (2) in subparagraph (F), by striking ``; and'' and 
        inserting a period; and
            (3) by striking subparagraph (G).
    (b) Limitations on Participation and Mortgagee Approval and Use of 
Name.--Section 202 of the National Housing Act (12 U.S.C. 1708) is 
amended--
            (1) by redesignating subsections (d), (e), and (f) as 
        subsections (e), (f), and (g), respectively;
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Limitations on Participation in Origination and Mortgagee 
Approval.--
            ``(1) Requirement.--Any person or entity that is not 
        approved by the Secretary to serve as a mortgagee, as such term 
        is defined in subsection (c)(7), shall not participate in the 
        origination of an FHA-insured loan except as authorized by the 
        Secretary.
            ``(2) Eligibility for approval.--In order to be eligible 
        for approval by the Secretary, an applicant mortgagee shall not 
        be, and shall not have any officer, partner, director, 
        principal, or employee of the applicant mortgagee who is--
                    ``(A) currently suspended, debarred, under a 
                limited denial of participation (LDP), or otherwise 
                restricted under part 24 or 25 of title 24 of the Code 
                of Federal Regulations, or any successor regulations to 
                such parts, or under similar provisions of any other 
                Federal agency;
                    ``(B) under indictment for, or has been convicted 
                of, an offense that reflects adversely upon the 
                applicant's integrity, competence or fitness to meet 
                the responsibilities of an approved mortgagee;
                    ``(C) subject to unresolved findings contained in a 
                Department of Housing and Urban Development or other 
                governmental audit, investigation, or review;
                    ``(D) engaged in business practices that do not 
                conform to generally accepted practices of prudent 
                mortgagees or that demonstrate irresponsibility;
                    ``(E) convicted of, or who has pled guilty or nolo 
                contendre to, a felony related to participation in the 
                real estate or mortgage loan industry--
                            ``(i) during the 7-year period preceding 
                        the date of the application for licensing and 
                        registration; or
                            ``(ii) at any time preceding such date of 
                        application, if such felony involved an act of 
                        fraud, dishonesty, or a breach of trust, or 
                        money laundering;
                    ``(F) in violation of provisions of the S.A.F.E. 
                Mortgage Licensing Act of 2008 (12 U.S.C. 5101 et seq.) 
                or any applicable provision of State law; or
                    ``(G) in violation of any other requirement as 
                established by the Secretary.''; and
            (3) by adding at the end the following new subsection:
    ``(h) Use of Name.--The Secretary shall, by regulation, require 
each mortgagee approved by the Secretary for participation in the FHA 
mortgage insurance programs of the Secretary--
            ``(1) to use the business name of the mortgagee that is 
        registered with the Secretary in connection with such approval 
        in all advertisements and promotional materials, as such terms 
        are defined by the Secretary, relating to the business of such 
        mortgagee in such mortgage insurance programs; and
            ``(2) to maintain copies of all such advertisements and 
        promotional materials, in such form and for such period as the 
        Secretary requires.''.
    (c) Change of Status.--The National Housing Act is amended by 
striking section 532 (12 U.S.C. 1735f-10) and inserting the following 
new section:

``SEC. 532. CHANGE OF MORTGAGEE STATUS.

    ``(a) Notification.--Upon the occurrence of any action described in 
subsection (b), an approved mortgagee shall immediately submit to the 
Secretary, in writing, notification of such occurrence.
    ``(b) Actions.--The actions described in this subsection are as 
follows:
            ``(1) The debarment, suspension of a Limited Denial of 
        Participation (LDP), or application of other sanctions, fines, 
        or penalties applied to the mortgagee or to any officer, 
        partner, director, principal, manager, supervisor, loan 
        processor, loan underwriter, or loan originator of the 
        mortgagee pursuant to applicable provisions of State or Federal 
        law.
            ``(2) The revocation of a State-issued mortgage loan 
        originator license issued pursuant to the S.A.F.E. Mortgage 
        Licensing Act of 2008 (12 U.S.C. 5101 et seq.) or any other 
        similar declaration of ineligibility pursuant to State law.''.
    (d) Civil Money Penalties.--Section 536 of the National Housing Act 
(12 U.S.C. 1735f-14) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``or any of its owners, 
                        officers, or directors'' after ``mortgagee or 
                        lender'';
                            (ii) in subparagraph (H), by striking 
                        ``title I'' and all that follows through ``Act 
                        of 1989)'' and inserting ``title I or II''; and
                            (iii) by inserting after subparagraph (J) 
                        the following:
                    ``(K) Violation of section 202(d) of this Act (12 
                U.S.C. 1708(d)).''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (B), by striking ``or'' 
                        at the end;
                            (ii) in subparagraph (C), by striking the 
                        period at the end and inserting ``; or''; and
                            (iii) by adding at the end the following 
                        new subparagraph:
                    ``(D) causing or participating in any of the 
                violations set forth in paragraph (1) of this 
                subsection.''; and
            (2) in subsection (g), by striking ``The term'' and all 
        that follows through the end of the sentence and inserting 
        ``For purposes of this section, a person acts knowingly when a 
        person has actual knowledge of acts or should have known of the 
        acts.''.
    (e) Expanded Review of FHA Mortgagee Applicants and Newly Approved 
Mortgagees.--Not later than the expiration of the 3-month period 
beginning upon the date of the enactment of this Act, the Secretary of 
Housing and Urban Development shall--
            (1) expand the existing process for reviewing new 
        applicants for approval for participation in the mortgage 
        insurance programs of the Secretary for mortgages on 1- to 4-
        family residences for the purpose of identifying applicants who 
        represent a high risk to the Mutual Mortgage Insurance Fund; 
        and
            (2) implement procedures that, for mortgagees approved 
        during the 12-month period ending upon such date of enactment--
                    (A) expand the number of mortgages originated by 
                such mortgagees that are reviewed for compliance with 
                applicable laws, regulations, and policies; and
                    (B) include a process for random reviews of such 
                mortgagees and a process for reviews that is based on 
                volume of mortgages originated by such mortgagees.
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