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S. 2013 (115th): Portfolio Lending and Mortgage Access Act

The text of the bill below is as of Oct 26, 2017 (Introduced).


II

115th CONGRESS

1st Session

S. 2013

IN THE SENATE OF THE UNITED STATES

October 26, 2017

introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs

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 depository institution’s portfolio, and for other purposes.

1.

Short title

This Act may be cited as the Portfolio Lending and Mortgage Access Act.

2.

Safe harbor for certain loans held on portfolio

(a)

In general

Section 129C of the Truth in Lending Act (15 U.S.C. 1639c) is amended by adding at the end the following:

(j)

Safe harbor for certain loans held on portfolio

(1)

Safe harbor for creditors that are depository institutions

(A)

In general

A creditor that is a 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—

(i)

the creditor has, since the origination of the loan, held the loan on the balance sheet of the creditor; and

(ii)

all prepayment penalties with respect to the loan comply with the limitations described under subsection (c)(3).

(B)

Exception for certain transfers

In the case of a depository institution that transfers a loan originated by that institution to another depository institution by reason of the bankruptcy or failure of the originating depository institution or the purchase of the originating depository institution, the depository institution transferring such loan shall be deemed to have complied with the requirement under subparagraph (A)(i).

(2)

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—

(A)

the creditor of such loan is a 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

(B)

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.

(3)

Definitions

For purposes of this subsection:

(A)

Banking regulators

The term banking regulators means the Federal banking agencies, the Bureau, and the National Credit Union Administration.

(B)

Depository institution

The term depository institution has the meaning given that term under section 19(b)(1) of the Federal Reserve Act (12 U.S.C. 505(b)(1)).

(C)

Federal banking agencies

The term Federal banking agencies has the meaning given that term under section 3 of the Federal Deposit Insurance Act.

.

(b)

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.