[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3595 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3595

To establish a mandatory mediation process for servicers of residential 
                        mortgages and borrowers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 7, 2011

Ms. Wilson of Florida introduced the following bill; which was referred 
                 to the Committee on Financial Services

_______________________________________________________________________

                                 A BILL


 
To establish a mandatory mediation process for servicers of residential 
                        mortgages and borrowers.

    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 ``Mandatory Foreclosure Mediation 
Act''.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions shall apply:
            (1) Alternative to foreclosure.--The term ``alternative to 
        foreclosure''--
                    (A) means a course of action with respect to a 
                mortgage offered by a servicer to a borrower as an 
                alternative to a covered foreclosure action; and
                    (B) includes a short sale and a deed in lieu of 
                foreclosure.
            (2) Borrower.--The term ``borrower'' means a mortgagor 
        under a mortgage who is in default or at risk of imminent 
        default, as determined by the Secretary through regulations.
            (3) Foreclosure action.--The term ``foreclosure action'' 
        means a judicial or nonjudicial foreclosure.
            (4) Loan modification program.--The term ``loan 
        modification program'' means a program or procedure designed to 
        change the terms of a mortgage in the case of the default, 
        delinquency, or imminent default or delinquency of a mortgagor, 
        including a loan modification program established by a servicer 
        that reduces the principal owed by the mortgagor on the 
        mortgage.
            (5) Mortgage.--The term ``mortgage'' means a federally 
        related mortgage loan, as defined in section 3(1) of the Real 
        Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602(1)), 
        that is secured by a first or subordinate lien on residential 
        real property.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.
            (7) Servicer.--The term ``servicer''--
                    (A) has the same meaning as in section 6(i) of the 
                Real Estate Settlement Procedures Act of 1974 (12 
                U.S.C. 2605(i)); and
                    (B) includes a person responsible for servicing a 
                pool of mortgages.

SEC. 3. MEDIATION REQUIRED BEFORE FORECLOSURE.

    (a) Initiation of Foreclosure Actions.--A servicer may not initiate 
a foreclosure action against a borrower unless the servicer has--
            (1) made a reasonable effort to initiate mediation 
        proceedings in accordance with the process established in 
        regulations prescribed pursuant to subsection (c) to determine 
        whether the borrower is eligible for a loan modification or an 
        alternative to foreclosure; and
            (2) offered the borrower a loan modification or an 
        alternative to foreclosure, if the borrower is eligible for the 
        loan modification or alternative to foreclosure.
    (b) Suspension of Foreclosure Actions.--
            (1) In general.--A servicer shall suspend a foreclosure 
        action that was initiated before the date of enactment of this 
        Act until the servicer--
                    (A) completes a mediation proceeding in accordance 
                with the process established in regulations prescribed 
                pursuant to subsection (c) to determine whether the 
                borrower is eligible for a loan modification or an 
                alternative to foreclosure; and
                    (B) offers the borrower a loan modification or an 
                alternative to foreclosure, if the borrower is eligible 
                for a loan modification or an alternative to 
                foreclosure.
            (2) Suspension.--During the period of the suspension under 
        paragraph (1), a servicer may not--
                    (A) send a notice of foreclosure to a borrower;
                    (B) conduct or schedule a sale of the real property 
                securing the mortgage of the borrower; or
                    (C) cause final judgment to be entered against the 
                borrower.
            (3) Reasonable efforts.--A servicer is not required to 
        suspend a foreclosure action under paragraph (1) if the 
        servicer--
                    (A) makes a reasonable effort to schedule a 
                mediation proceeding to determine whether the borrower 
                is eligible for a loan modification or an alternative 
                to foreclosure; and
                    (B) documents that the borrower has not agreed to a 
                mediation proceeding to determine whether the borrower 
                is eligible for a loan modification or an alternative 
                to foreclosure.
            (4) Rule of construction.--Nothing in this section may be 
        construed to require a servicer to delay an unavoidable 
        foreclosure, such as foreclosure that results from a borrower 
        abandoning the residential real property securing a mortgage.
    (c) Establishment of Mediation Process.--The Secretary shall 
establish through regulations a mediation process to determine whether 
the borrower is eligible for a loan modification or an alternative to 
foreclosure under this section.

SEC. 4. BAR TO FORECLOSURE ACTIONS.

    (a) In General.--Subject to subsection (b), a violation of this Act 
shall be a bar to a foreclosure action.
    (b) Effect of Subsequent Compliance.--If a servicer is in 
compliance with this Act, the servicer may bring or proceed with a 
foreclosure action, without regard to a prior violation of this Act by 
the servicer.

SEC. 5. REGULATIONS.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary shall issue regulations to carry out this Act.

SEC. 6. REPORT.

    Each servicer that initiates mediation proceedings under section 3 
shall submit to the Secretary a quarterly report at such time, in such 
manner, and containing such information, with respect to such 
proceedings, as the Secretary may require.
                                 <all>