HR 3296 IHCommentsClose CommentsPermalink

To amend the Truth in Lending Act to establish transparency and accountability requirements for mortgage brokers, and for other purposes.CommentsClose CommentsPermalink

August 1, 2007

Mr. MURPHY of Connecticut introduced the following bill; which was referred to the Committee on Financial ServicesCommentsClose CommentsPermalink

To amend the Truth in Lending Act to establish transparency and accountability requirements for mortgage brokers, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Mortgage Broker Transparency and Accountability Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. MORTGAGE BROKER REQUIREMENTS.

The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended by inserting after section 129 the following new section:CommentsClose CommentsPermalink

`Sec. 129A. Duties of mortgage brokers

`(a) Definitions- For purposes of this section, the following definitions shall apply:CommentsClose CommentsPermalink





`(1) HOME MORTGAGE LOAN- The term `home mortgage loan' means any consumer credit transaction in which a security interest, including any such interest arising by operation of law, is or will be retained or acquired in any real property located within the United States which is or, upon the completion of the transaction, will be used as the principal residence of the consumer.CommentsClose CommentsPermalink





`(2) MORTGAGE BROKER- The term `mortgage broker' means any person who, for compensation or in anticipation of compensation, provides mortgage brokerage services with respect to home mortgage loans for which the person is not the creditor and includes any loan correspondents that provide such services.CommentsClose CommentsPermalink





`(3) MORTGAGE BROKERAGE SERVICES- The term `mortgage brokerage services' means any of the following services:CommentsClose CommentsPermalink





`(A) Arranging or negotiating, or attempting to arrange or negotiate, home mortgage loans or commitments for such loans.CommentsClose CommentsPermalink





`(B) Referring consumer applicants or prospective applicants for home mortgage loans to creditors.CommentsClose CommentsPermalink





`(C) Selecting or offering to select, on behalf of consumers, creditors to whom requests for an extension of a home mortgage loan may be made.CommentsClose CommentsPermalink





`(b) Mortgage Broker Responsibilities and Duties-CommentsClose CommentsPermalink





`(1) AGENCY BY OPERATION OF LAW- A mortgage broker who provides mortgage brokerage services to any consumer shall be deemed to have an agency relationship with the consumer for such purposes and the broker shall be subject to all requirements for agents of consumers that are applicable under State or Federal law in connection with providing such services.CommentsClose CommentsPermalink





`(2) BROKER DUTIES- In providing any mortgage brokerage services to any consumer, the mortgage broker shall--CommentsClose CommentsPermalink





`(A) act with reasonable skill, care, and diligence in providing any such services to the consumer and provide the consumer with a reasonable choice among available home mortgage loan products that meet the consumer's stated needs for mortgage financing;CommentsClose CommentsPermalink





`(B) disclose to a consumer the risks and benefits of each home mortgage loan product offered to the borrower, including any possibility of, and the possible extent of, a payment increase at the time of any resetting of rate, the extent of any prepayment penalties, balloon payments, and the consumer's responsibilities to pay taxes and insurance with respect to such product;CommentsClose CommentsPermalink





`(C) disclose to the consumer--CommentsClose CommentsPermalink





`(i) all fees or other payments the mortgage broker may or will receive, if any, from a creditor in connection with each home mortgage loan product that is offered or disclosed to the consumer, directly or indirectly, in the course of providing such services;CommentsClose CommentsPermalink





`(ii) the amount of each such fee or payment;CommentsClose CommentsPermalink





`(iii) the rate used to determine the amount of any such fee;CommentsClose CommentsPermalink





`(iv) how the consumer may use the amount of such fees or payments to reduce settlement costs otherwise applicable to the consumer upon entering into consumer credit transaction involving such home mortgage loan product; andCommentsClose CommentsPermalink





`(v) all fees or other payments the mortgage broker may or will receive, if any, from the consumer in connection with each home mortgage loan product that is offered or disclosed to the consumer, directly or indirectly, in the course of providing such services;CommentsClose CommentsPermalink





`(D) meet all applicable licensing requirements under State or local law; andCommentsClose CommentsPermalink





`(E) obtain and permanently maintain a bond--CommentsClose CommentsPermalink





`(i) for an amount equal to not less than 1 percent of the aggregate value of all direct and indirect fees received by the mortgage broker in connection with providing mortgage brokerage services in the calendar year preceding the date of the transaction;CommentsClose CommentsPermalink





`(ii) that inures, first, to the benefit of any consumer who has any claim against the mortgage broker under this title or any other applicable provision of law; and, second, to the benefit of creditors that deal with mortgage brokers in accordance with this title; andCommentsClose CommentsPermalink





`(iii) under which any assignee or subsequent transferee or trustee of a consumer or creditor remains a beneficiary of the bond.CommentsClose CommentsPermalink





`(3) STEERING PROHIBITED- In connection with a home mortgage loan, a mortgage broker may not steer, counsel, or direct a consumer to a higher-cost mortgage as evidenced by higher rates, charges, principal amounts, or the inclusion of prepayment penalties or other terms than a lower-cost mortgage for which the consumer would otherwise qualify, considering the loan features requested by the consumer.CommentsClose CommentsPermalink





`(c) Statutory Obligation- No requirement imposed on any mortgage broker under this section may be waived by any consumer or by the terms of any agreement executed between the mortgage broker and any consumer.CommentsClose CommentsPermalink





`(d) Enforcement- For purposes of providing a cause of action for any failure to comply with any requirement imposed this section, section 130(a) shall be applied with respect to any such failure--CommentsClose CommentsPermalink





`(1) by substituting `mortgage broker' for `creditor' each place such term appears in such section; andCommentsClose CommentsPermalink





`(2) by treating all points, fees, and costs incurred in the origination of any home mortgage loan as actual damages sustained by the consumer as a result of the failure.'.CommentsClose CommentsPermalink

SEC. 3. DISCLOSURE OF AFFILIATIONS.

The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended by inserting after section 129A (as added by section 2 of this Act) the following new section:CommentsClose CommentsPermalink

`Sec. 129B. Disclosures in connection with all home mortgage loans

`Each creditor, mortgage broker (as defined in section 129A), or other person involved in making or obtaining a home mortgage loan (as defined in section 129A) to or for any consumer shall disclose to the consumer any financial or other business relationship the creditor, mortgage broker, or other person has with any person that may be involved in the transaction resulting in the home mortgage loan, including any real estate agent, any person providing title insurance, any person providing settlement services (as defined in section 3 of the Real Estate Settlement Procedures Act of 1974), or any person providing table-top financing (in the case of a loan correspondent) and information sufficient to inform the consumer about the relationship, including whether the relationship is exclusive.'.CommentsClose CommentsPermalink

SEC. 4. CLERICAL AMENDMENT.

The table of sections for chapter 2 of the Truth in Lending Act is amended by inserting after the item relating to section 129 the following new items:CommentsClose CommentsPermalink





`129A. Duties of mortgage brokers.CommentsClose CommentsPermalink





`129B. Disclosures in connection with all home mortgage loans.'.CommentsClose CommentsPermalink