I 111th CONGRESS 2d Session H. R. 4586 IN THE HOUSE OF REPRESENTATIVES February 3, 2010 Mr. Marchant (for himself, Mr. McHenry, Mr. Lamborn, Mrs. Lummis, Mr. Posey, Mr. Hensarling, Mr. Burgess, Mr. King of Iowa, Mr. Bilbray, Mr. Bishop of Utah, Mr. Campbell, Mr. Gohmert, Mr. Luetkemeyer, Mr. Gingrey of Georgia, Mr. Pitts, Mr. Roe of Tennessee, Mr. Bartlett, Mr. Fleming, Mrs. Schmidt, Ms. Granger, Ms. Fallin, Mr. Akin, and Mr. Brady of Texas) introduced the following bill; which was referred to the Committee on Financial Services A BILL To require, as a condition for modification of a home mortgage loan held by Fannie Mae or Freddie Mac or insured under the National Housing Act, that the mortgagor be verified under the E-Verify program.

1.

Short title

This Act may be cited as the Mortgage E-Verify Act of 2010.

2.

Verification under E-Verification program

(a)

Fannie Mae

Subsection (b) of section 302 of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)) is amended by adding at the end the following new paragraph: (7)(A)Notwithstanding any other provision of law, the corporation may not— (i)refinance, restructure, or modify, or otherwise authorize or enter into any agreement for the refinancing, restructuring, or modification of any single-family housing mortgage that is held by or that backs any security issued by the corporation, or (ii)purchase, or issue any security that is backed by, any single-family housing mortgage made for the refinancing, restructuring, or modification of the mortgagor’s previous single-family housing mortgage on the same property, unless the identity and work eligibility of the mortgagor under such mortgage has been confirmed by an inquiry under subparagraph (B).(B)An inquiry under this subparagraph is an inquiry made through the basic pilot program under section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note; commonly referred to as the E-Verify program). Notwithstanding any other provision of law, lenders for single-family housing mortgages and the corporation may submit such inquiries regarding the identities and work eligibility of mortgagors under such mortgages, and may be provided confirmations and nonconfirmations pursuant to such inquiries, under such basic pilot program. (C)For purposes of this paragraph, the term single-family housing mortgage means a mortgage that is secured by a 1- to 4-family residence. . (b)

Freddie Mac

Subsection (a) of section 305 of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)) is amended by adding at the end the following new paragraph: (6)(A)Notwithstanding any other provision of law, the Corporation may not— (i)refinance, restructure, or modify, or otherwise authorize or enter into any agreement for the refinancing, restructuring, or modification of any single-family housing mortgage that is held by or that backs any security issued by the Corporation, or (ii)purchase, or issue any security that is backed by, any single-family housing mortgage made for the refinancing, restructuring, or modification of the mortgagor’s previous single-family housing mortgage on the same property, unless the identity and work eligibility of the mortgagor under such mortgage has been confirmed by an inquiry under subparagraph (B)(B)An inquiry under this subparagraph is an inquiry made through the basic pilot program under section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note; commonly referred to as the E-Verify program). Notwithstanding any other provision of law, lenders for single-family housing mortgages and the Corporation may submit such inquiries regarding the identities and work eligibility of mortgagors under such mortgages, and may be provided confirmations and nonconfirmations pursuant to such inquiries, under such basic pilot program. (C)For purposes of this paragraph, the term single-family housing mortgage means a mortgage that is secured by a 1- to 4-family residence. . (c)

FHA

Title II of the National Housing Act (12 U.S.C. 1707 et seq.) is amended by adding at the end the following new section:

543.

E-Verification requirement for modification of mortgages

(a)

Prohibition

Notwithstanding any other provision of law, the Secretary may not— (1)authorize or enter into any agreement for the refinancing, restructuring, or modification of any single-family housing mortgage that is insured by the Secretary under this Act, or (2)insure any single-family housing mortgage made for the refinancing, restructuring, or modification of the mortgagor’s previous single-family housing mortgage on the same property, unless the identity and work eligibility of the mortgagor under such mortgage has been confirmed by an inquiry under subsection (b).(b)

E-Verify inquiries

An inquiry under this subsection is an inquiry made through the basic pilot program under section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note; commonly referred to as the E-Verify program). Notwithstanding any other provision of law, lenders for single-family housing mortgages and the Secretary may submit such inquiries regarding the identities and work eligibility of mortgagors under such mortgages, and may be provided confirmations and nonconfirmations pursuant to such inquiries, under such basic pilot program. (c)

Single-Family housing mortgage

For purposes of this paragraph, the term single-family housing mortgage means a mortgage that is secured by a 1- to 4-family residence.

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