[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5396 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5396

To require servicers to establish a deed-for-lease program under which 
       eligible mortgagors may remain in their homes as renters.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 1, 2014

Ms. Michelle Lujan Grisham of New Mexico introduced the following bill; 
       which was referred to the Committee on Financial Services

_______________________________________________________________________

                                 A BILL


 
To require servicers to establish a deed-for-lease program under which 
       eligible mortgagors may remain in their homes as renters.

    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 ``Keeping Families Home Act of 2014''.

SEC. 2. DEED-FOR-LEASE PROGRAM.

    (a) Establishment.--
            (1) In general.--Each servicer shall establish a deed-for-
        lease program (hereinafter referred to as the ``Program''), 
        which shall permit an eligible mortgagor to--
                    (A) enter into a deed in lieu of foreclosure 
                agreement;
                    (B) continue to occupy and lease the property that 
                is the subject of such agreement for a 1-year period 
                that begins on the date of such agreement; and
                    (C) have a right of first refusal to purchase such 
                property after the end of the 1-year lease period, if 
                the owner of the property intends to sell the property 
                at that time.
            (2) Exception for small servicers.--The Program requirement 
        under paragraph (1) shall not apply to a small servicer, as 
        such term is defined by the Secretary of Housing and Urban 
        Development.
    (b) Notice Requirement.--Servicers shall provide each eligible 
mortgagor with information about the Program and how to apply to 
participate in the Program.
    (c) Lease Terms.--A lease entered into by an eligible mortgagor 
under the Program shall--
            (1) carry a monthly rent amount equal to the fair market 
        rent for such property, as determined by an independent private 
        appraiser hired by and paid by the servicer; and
            (2) contain all typical lease provisions for similar rental 
        property.
    (d) Application Process.--
            (1) In general.--An eligible mortgagor may apply for the 
        Program at any time.
            (2) Effect of foreclosure sale.--If there is a foreclosure 
        sale pending with respect to the property--
                    (A) the eligible mortgagor may only apply for the 
                Program before the date that is 7 days before the date 
                of such foreclosure sale; and
                    (B) once the eligible mortgagor applies for the 
                Program, the foreclosure sale shall be halted until 
                after the eligible mortgagor's Program application has 
                been evaluated.
            (3) Contents of application.--
                    (A) In general.--In applying for the Program, an 
                eligible mortgagor shall provide the servicer with 
                proof of the following information:
                            (i) The eligible mortgagor is subject to a 
                        financial hardship that makes the eligible 
                        mortgagor unable to continue making timely 
                        payments on the eligible mortgage loan.
                            (ii) The eligible mortgagor is eligible to 
                        pay the monthly rent amount described under 
                        subsection (c)(1) and such amount is no more 
                        than 31 percent of the eligible mortgagor's 
                        monthly income.
                            (iii) The eligible mortgagor currently 
                        lives in the property and intends to continue 
                        doing so during the 1-year lease term.
                    (B) Ability to pay higher percentage of income in 
                rent.--Notwithstanding subparagraph (A)(ii), if an 
                eligible mortgagor believes they are able pay the 
                monthly rent amount despite such amount exceeding 31 
                percent of the eligible mortgagor's monthly income, the 
                eligible mortgagor may request that the Department of 
                Housing and Urban Development review their information, 
                along with any contributing factors the eligible 
                mortgagor may have (such as a low debt burden) and, if 
                the Department notifies the eligible mortgagor that the 
                Department agrees that the eligible mortgagor is able 
                to pay a monthly rent amount that is equal to a 
                percentage of their monthly income that is higher than 
                31 percent, such higher percentage shall be used for 
                purposes of subparagraph (A)(ii).
            (4) Effect of junior liens.--If an eligible mortgagor 
        applies for a Program with respect to a single family property 
        subject to a junior lien--
                    (A) if the servicer of the Program is also the 
                holder of the junior lien, the servicer shall release 
                the junior lien and, subject to the other requirements 
                of this section, the eligible mortgagor shall be 
                eligible to participate in the Program; and
                    (B) if the servicer of the Program is not the 
                holder of the junior lien, the servicer shall contact 
                such junior lien holder and request that the holder 
                release the lien, and--
                            (i) if the holder releases the lien, then, 
                        subject to the other requirements of this 
                        section, the eligible mortgagor shall be 
                        eligible to participate in the Program; and
                            (ii) if the holder does not release the 
                        lien, then the eligible mortgagor shall not be 
                        eligible to participate in the Program.
    (e) Evaluation and Notification.--
            (1) Deadline for evaluation.--The servicer shall evaluate 
        the eligible mortgagor's application within 30 days of 
        receiving such application and shall accept an eligible 
        mortgagor into the Program if the eligible mortgagor has 
        provided the proof described under subsection (d)(3)(A).
            (2) Notification.--Promptly after making a determination 
        under paragraph (1), the servicer shall notify the eligible 
        mortgagor of such determination in writing and, if the servicer 
        determines that the eligible mortgagor may not be accepted into 
        the Program, the servicer shall specifically explain in writing 
        why the eligible mortgage was not accepted.
    (f) Subsequent Owners Follow Program Requirements.--Any subsequent 
owner of the property being leased pursuant to the Program shall--
            (1) maintain the Program and abide by the terms of the 
        Program to the same extent as the servicer of the eligible 
        mortgage; and
            (2) certify to the Department of Housing and Urban 
        Development, before finalizing any purchase of the property, 
        that they will abide by the terms of the Program.
    (g) Rulemaking; Compliance Evaluation.--The Department of Housing 
and Urban Development shall--
            (1) issue such regulations as may be necessary to carry out 
        this section;
            (2) evaluate the compliance by servicers and owners with 
        the requirements of this section; and
            (3) enforce the requirements of this section.
    (h) Definitions.--For purposes of this section:
            (1) Eligible mortgagor.--The term ``eligible mortgagor'' 
        means a mortgagor under an eligible mortgage.
            (2) Eligible mortgage.--The term ``eligible mortgage'' 
        means a first or subordinate mortgage on a property that--
                    (A) is a single family property; and
                    (B) is currently being used as the principal 
                residence of the eligible mortgagor.
            (3) Single family property.--The term ``single family 
        property'' means--
                    (A) a structure consisting of 1 to 4 dwelling 
                units;
                    (B) a dwelling unit in a multi-unit condominium 
                property together with an undivided interest in the 
                common areas and facilities serving the property;
                    (C) a dwelling unit in a multi-unit project for 
                which purchase of stock or a membership interest 
                entitles the purchaser to permanent occupancy of that 
                unit; or
                    (D) a manufactured housing unit.
                                 <all>