< Back to H.R. 421 (111th Congress, 2009–2010)

Text of the Troubled Assets Relief Program Targeted Assets Act of 2009

This bill was introduced on January 9, 2009, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jan 9, 2009 (Introduced).

Source: GPO

I

111th CONGRESS

1st Session

H. R. 421

IN THE HOUSE OF REPRESENTATIVES

January 9, 2009

introduced the following bill; which was referred to the Committee on Financial Services

A BILL

To amend the Emergency Economic Stabilization Act of 2008 to restrict which assets banks can write off as loss for purposes of the Troubled Assets Relief Program, and for other purposes.

1.

Short title

This Act may be cited as the Troubled Assets Relief Program Targeted Assets Act of 2009.

2.

Definitions

Section 3 of the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110–343) is amended by striking paragraph (9) and inserting the following new paragraphs:

(9)

Troubled assets

The term troubled assets means—

(A)

any residential mortgage, and any security, obligation, or other instrument that is based on or related to such mortgage—

(i)

is in pre-foreclosure;

(ii)

with respect to which the borrower has missed at least 2 payments within the last 6 months; or

(iii)

which is in forbearance; or

(B)

any other financial instrument that the Secretary, after consultation with the Chairman of the Board of Governors of the Federal Reserve System, determines the purchase of which is necessary to promote financial market stability, but only upon transmittal of such determination, in writing, to the appropriate committees of Congress.

(10)

Rehabilitated mortgage

The term rehabilitated mortgage means a mortgage which has been restructured, refinanced or otherwise modified to lower the borrower’s monthly payment—

(A)

creating a front-end debt ratio, including the cost of mortgage principal, interest, taxes, and insurance, of no more than 30 percent of the gross monthly income of the borrower; or

(B)

to a term deemed affordable by the borrower after full disclosure by the lender and pursuant to rules as may be established by the Secretary.

(11)

Independent appraiser

The term independent appraiser means a person who—

(A)

is licensed pursuant to the laws and regulations of the State where the person practices;

(B)

is disclosed to the borrower or buyer; and

(C)

is not coerced, extorted, induced, intimidated, bribed or otherwise influenced by or in collusion with the mortgage lender, mortgaged broker, mortgage banker, real estate broker, appraisal management company or other persons or companies having a vested interest in the transaction.

.

3.

Limit on authority to write off losses

Section 101 of the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110–343) is amended by striking subsection (a) and inserting the following new subsection:

(a)

Authority

(1)

In general

The Secretary is authorized to establish the Troubled Asset Restoration and Assistance Program (hereafter in this title referred to as the TARAP) to allow the Treasury to purchase lender or servicer losses on rehabilitated mortgages, on such terms and conditions as are defined in this Act and determined by the Secretary.

(2)

Authority to purchase

Through the TARAP, the Treasury shall pay up to 80 percent of the difference between the original asset and the rehabilitated asset to the lender or servicer under certain conditions.

(3)

Write off of remainder

That portion of the difference between the original asset and the rehabilitated asset to the lender or servicer that is not paid for by the Secretary under paragraph (2) may be written to loss.

.

4.

Regulations and guidelines

Section 101(c) of the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110–343) is amended by striking paragraph (5) and inserting the following new paragraphs:

(5)

Issuing such regulations and other guidance as may be necessary or appropriate to define terms or carry out the authorities or purposes of this title including determining qualifications for an independent appraiser, making the final determinations as to whether an asset is troubled, what the values are that will determine the amount of purchase, the amount of reductions in the purchase price for purposes of subsection (d)(2), and any other functionality issues required to operate the program.

(6)

Conforming to guidelines established in subsection (g), the Secretary is authorized to make all necessary rules and determinations regarding documented best efforts, required timelines, and other processes and procedures.

.

5.

Eligible asset

Section 101 of the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110–343) is amended—

(1)

by striking subsection (d);

(2)

by redesignating subsection (e) as subsection (i); and

(3)

by inserting after subsection (c) the following new subsections:

(d)

Eligible Assets

(1)

In general

An asset is eligible for TARAP if—

(A)

it is the borrower’s primary residence; and

(B)

it—

(i)

is a troubled asset, as defined in section 3(9); or

(ii)

it was a troubled asset but has been rehabilitated by the servicer or lender (as defined in section 3(10)) on or after October 3, 2008, and allowing the borrower to remain in the borrower’s home.

(2)

Assets not included

An asset is not eligible for TARAP if—

(A)

it was valued at more than 150 percent of the current fair market value; and

(B)

the original value was assessed solely by the lender’s appraiser,

unless the servicer or lender agrees to such reduction in the purchase amount as the Secretary may require as a condition for the purchase.
(f)

Eligible lender or servicer

A lender or servicer is eligible for TARAP assistance if—

(1)

the lender or servicer has agreed to full disclosure requirements as may be established by the Secretary; or

(2)

the lender or servicer has agreed to use an independent appraiser and standard appraisal practices as may be established by the Secretary;

(g)

Program Guidelines

(1)

TARAP shall pay a servicer or lender up to 80 percent of the difference between the original asset and rehabilitated asset pursuant to such regulations as may be prescribed by the Secretary.

(2)

The servicer or lender shall use documented best efforts, prior to foreclosure, to work with the borrower to create an affordable front-end debt ratio of up to 30 percent of the borrower’s gross monthly income.

(3)

The Secretary may establish mechanisms to provide for those assets which cannot be rehabilitated under the preceding guidelines.

(h)

Program termination

All authority under this section ceases no later than December 31, 2009.

.

6.

Deferral of all foreclosures on any principal dwelling of a consumer for a 90-day period

(a)

In general

Notwithstanding any provision of any State or Federal law, after the date of the enactment of this Act, no creditor, servicer, or holder of such mortgage, or any other person acting on behalf of any such creditor, servicer, or holder, may take any action to initiate a foreclosure, whether judicial or nonjudicial, or any action in connection with a foreclosure already instituted other than to suspend such foreclosure, with respect to any eligible mortgage of a consumer, until the end of the 90-day period beginning on the date of the enactment of this Act.

(b)

Action by consumer

(1)

In general

After the date of the enactment of this Act, any consumer shall have the right to defer any initiation of a foreclosure, whether judicial or nonjudicial, or any action in connection with a foreclosure already instituted, including any foreclosure sale, with respect to any eligible mortgage by any creditor, servicer, or holder of such mortgage, or any other person acting on behalf of any such creditor, servicer, or holder, until the end of the 90-day period beginning on the date of the enactment of this Act.

(2)

Enforcement of right

Any consumer may defend against a foreclosure or bring an action in any court of competent or general jurisdiction to compel compliance with the right of the consumer under paragraph (1) to defer any initiation of a foreclosure or any action in connection with a foreclosure already instituted, including any foreclosure sale, with respect to any eligible mortgage.

(c)

Rule of construction

No provision of this section shall be construed as affecting or altering the obligations of the consumer under the terms of the eligible mortgage notwithstanding any deferral of foreclosure.

(d)

Eligible mortgage defined

For purposes of this section, the term eligible mortgage means any residential mortgage loan to any consumer that constitutes a first lien on the dwelling or real property securing the loan which constitutes, or on which is located, the principal residence of the consumer.