Helping Families Save Their Homes Act of 2009

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To prevent mortgage foreclosures and enhance mortgage credit availability.
Sponsor: Rep. John Conyers [D, MI-14]Committees: House Financial Services, House Judiciary, House Veterans' Affairs, House Judiciary - Commercial and Administrative Law, Senate Banking, Housing, and Urban Affairs


Article summary (how summaries work)

The Helping Families Save Their Homes Act of 2009 (H.R.1106) was introduced in the House on February 23, 2009. After being amended, it was passed by the House on March 5, 2009.



Contents

Summary

According to the House Committee on Financial Services, major provisions in the bill as introduced in February 2009 include:

  • Allowing bankruptcy judges to modify the terms on principle residence mortgages that meet certain criteria spelled out in the bill.  This is also referred to as "cram-down."
  • Helping veterans avoid foreclosures by allowing the Department of Veterans Affairs and other agencies to guarantee mortgages that are modified in or out of court.
  • Providing legal safe harbor from liability to mortgage servicers who modify loans in order to prevent foreclosures, regardless of any provisions in a servicing agreement.
  • Reducing fees and provides other incentives for mortgage lenders to participate in the Hope for Homeowners program that was authorized by the Housing and Economic Recovery Act of 2008.
  • Making permanent the temporary increase in deposit insurance coverage limit for the Federal Deposit Insurance Corporation (FDIC) and the National Credit Union Administration (NCUA) from $100,000 to $250,000.


...and more[1]  It combines provisions from several separate bills, including H.R.200, H.R.786, H.R.787 and H.R.788.


Consideration

House

On February 26, 2009 the House of Representatives began consideration of the bill, but postponed all votes on amendments and passage until the following week. A group of moderate Democrats, led by Rep. Ellen Tauscher (D-Calif.), chairwoman of the New Democrat Caucus, sought changes to the provision allowing bankruptcy judges to modify the terms of mortgages on primary residences.[1]

After a week of negotiations, the House reached a compromise to be introduced as an amendment to H.R. 1106.[1] Some key provisions in the new measure:

  • Homeowners would be required to seek a voluntary loan modification from their lender 30 days before applying for one in court[1]
  • Judges would be required to take into account a person's income when deciding whether to reduce the interest or the principal on the loan [1]
  • Loans could be reduced only to the "fair market value" of the home according to federal appraisal guidelines and the restructured loan would be designed to pay off as much of the original loan as possible.[1]

Commenting on the compromise, Rep. Tauscher told the New York Times, "Our intention was to make sure this was available but as a last resort."[1]

On March 5, 2009, the House voted on the compromise amendment sponsored by Rep. Zoe Lofgren. It passed by a vote of 263-164.[1]

House Record Vote (100)
March 05, 2009
On Agreeing to the Amendment: Amendment 1 to H R 1106
On Agreeing to the Amendment
Percentage of 'Aye' votes: 60% - Agreed to
Required percentage of 'Aye' votes: 1/2 (50%)
263
Ayes
164
Nays
 DemRep Other
Ayes252101
Nays01640
Abst.640

Later that day, the House passed the amended version of the bill by a vote of 234-191.
House Record Vote (104)
March 05, 2009
On Passage: H R 1106 Helping Families Save Their Homes Act of 2009
On Passage
Percentage of 'Aye' votes: 54% - Passed
Required percentage of 'Aye' votes: 1/2 (50%)
234
Ayes
191
Nays
 DemRep Other
Ayes22770
Nays241670
Abst.340

Senate

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