I
114th CONGRESS
1st Session
H. R. 1113
IN THE HOUSE OF REPRESENTATIVES
February 26, 2015
Mr. Barr (for himself, Mr. Weber of Texas, Mr. Neugebauer, Mr. Fincher, Mr. Dold, Mr. Tipton, Mr. Hill, Mr. Lucas, Mr. Rothfus, Mr. Luetkemeyer, Mr. Stivers, Mr. King of New York, Mr. Hultgren, Mr. Duffy, Mr. Stutzman, Mr. Guinta, and Mr. Ribble) introduced the following bill; which was referred to the Committee on Financial Services
A BILL
To amend the Truth in Lending Act to provide a safe harbor from certain requirements related to qualified mortgages for residential mortgage loans held on an originating insured depository institution’s portfolio, and for other purposes.
Short title
This Act may be cited as the Portfolio Lending and Mortgage Access Act
.
Safe harbor for certain loans held on portfolio
In general
Section 129C of the Truth in Lending Act (15 U.S.C. 1639c) is amended by adding at the end the following:
Safe harbor for certain loans held on portfolio
Safe harbor for creditors that are insured depository institutions
In general
A creditor that is an insured depository institution shall not be subject to suit for failure to comply with subsection (a), (c)(1), or (f)(2) of this section or section 129H with respect to a residential mortgage loan, and the banking regulators shall treat such loan as a qualified mortgage, if—
the creditor has, since the origination of the loan, held the loan on the balance sheet of the creditor; and
all prepayment penalties with respect to the loan comply with the limitations described under subsection (c)(3).
Exception for certain transfers
In the case of an insured depository institution that transfers a loan originated by that institution to another insured depository institution by reason of the bankruptcy or failure of the originating insured depository institution or the purchase of the originating insured depository institution, the insured depository institution transferring such loan shall be deemed to have complied with the requirement under subparagraph (A)(i).
Safe harbor for mortgage originators
A mortgage originator shall not be subject to suit for a violation of section 129B(c)(3)(B) for steering a consumer to a residential mortgage loan if—
the creditor of such loan is an insured depository institution and has informed the mortgage originator that the creditor intends to hold the loan on the balance sheet of the creditor for the life of the loan; and
the mortgage originator informs the consumer that the creditor intends to hold the loan on the balance sheet of the creditor for the life of the loan.
Definitions
For purposes of this subsection:
Banking regulators
The term banking regulators
means the Federal banking agencies and the Bureau.
Other terms
The terms Federal banking agencies
and insured depository institution
have the meaning given those terms, respectively, under section 3 of the Federal Deposit Insurance Act.
.
Rule of construction
Nothing in the amendment made by this Act may be construed as preventing a balloon loan from qualifying for the safe harbor provided under section 129C(j) of the Truth in Lending Act if the balloon loan otherwise meets all of the requirements under such subsection (j), regardless of whether the balloon loan meets the requirements described under clauses (i) through (iv) of section 129C(b)(2)(E) of such Act.
