[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2181 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2181

  To require servicers of mortgages on single family homes to provide 
   notice to mortgagors of possible eligibility for Federal mortgage 
                              assistance.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 29, 2009

Ms. Titus (for herself and Mr. Cardoza) introduced the following bill; 
       which was referred to the Committee on Financial Services

_______________________________________________________________________

                                 A BILL


 
  To require servicers of mortgages on single family homes to provide 
   notice to mortgagors of possible eligibility for Federal mortgage 
                              assistance.

    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 ``Mortgage Assistance Information and 
Scam Prevention Act of 2009''.

SEC. 2. NOTIFICATION OF FEDERAL ASSISTANCE.

    (a) Notice Requirement.--The Secretary of Housing and Urban 
Development (in this section referred to as the ``Secretary'') shall 
require each covered servicer to provide notice in accordance with this 
section to each mortgagor under a covered mortgage serviced by such 
servicer.
    (b) Covered Servicers; Servicer.--
            (1) Covered servicers.--For purposes of this section, the 
        term ``covered servicer'' means any servicer of a covered 
        mortgage that has received any payments or fees under the 
        Making Home Affordable Program of the Secretary of the 
        Treasury, or under any program of the Department of Housing and 
        Urban Development, in an aggregate amount of $1,000 or more.
            (2) Servicer.--For purposes of this section, the term 
        ``servicer'' has the meaning given such term in section 6(i) of 
        the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 
        2605).
    (c) Covered Mortgages.--For purposes of this section, the term 
``covered mortgage'' means a first mortgage (as such term is defined in 
section 201 of the National Housing Act (12 U.S.C. 1707)) on 
residential real property designed principally for occupancy of one to 
four families.
    (d) Content.--Notice in accordance with this section shall be 
notice, containing such information as the Secretary shall require, 
that is sufficient--
            (1) to notify the mortgagor that the mortgagor may be 
        eligible for Federal or federally related assistance for 
        homeowners;
            (2) to identify specific programs of the Department of 
        Housing and Urban Development, the Rural Housing Service of the 
        Department of Agriculture, the Department of Veterans Affairs, 
        the Department of the Treasury, the Federal National Mortgage 
        Association, the Federal Home Loan Mortgage Corporation, the 
        Federal Home Loan Banks, and any other Federal or federally 
        related agencies or entities that provide home mortgage relief, 
        home mortgage refinancing, home loan modification, home 
        mortgage foreclosure mitigation, homeowner stability or 
        affordability, or other homeowner assistance, including--
                    (A) the HOPE for Homeowners Program under section 
                257 of the National Housing Act (12 U.S.C. 1715z-23);
                    (B) FHA programs for mortgage refinancing under 
                title II of such Act (12 U.S.C. 1707 et seq.); and
                    (C) programs for homeowners under the Homeowner 
                Affordability and Stability Plan of the Secretary of 
                the Treasury; and
            (3) to explain how the mortgagor can obtain further 
        information regarding such programs.
    (e) Form and Manner.--Notice in accordance with this section with 
respect to a covered mortgage shall be provided in a form as shall be 
prescribed by the Secretary, and shall be provided by the same means, 
such as in writing provided by mail or in electronic form provided by 
electronic mail, that the servicer regularly uses for communication 
with the mortgagor under the mortgage.
    (f) Period and Frequency of Notice.--Notice in accordance with this 
section with respect to a covered mortgage shall be provided not less 
than once each calendar quarter during the period that begins upon the 
applicability of the requirement under this section (pursuant to 
subsections (a) and (b)) to the servicer of the mortgage and ends upon 
a determination by the Secretary of Housing and Urban Development that 
payments to mortgage servicers under the programs referred to in 
subsection (b)(1) have terminated.
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