Escrow, Appraisal, and Mortgage Servicing Improvements Act

To require escrows for certain mortgage loans, to improve mortgage servicing, to promote sustainable homeownership opportunities, to enhance appraisal quality and standards, to better appraisal oversight, to mitigate appraiser pressure, and for other purposes.

10/16/2007--Introduced.
Escrow, Appraisal, and Mortgage Servicing Improvements Act - Amends the Truth in Lending Act to require a creditor, in a consumer credit transaction secured by the consumer's principal dwelling, to establish an escrow or impound account to pay taxes and hazard insurance, and, if applicable, flood insurance, mortgage insurance, ground rents, and any other required periodic payments or premiums. Requires written disclosures by the creditor to the consumer regarding:
(1) such escrow or impound account; and
(2) consumers who opt out of escrow services. Amends the Real Estate Settlement Procedures Act of 1974 to proscribe specified practices by the servicer of a federally related mortgage, including obtaining force-placed hazard insurance coverage to protect the mortgagee's interest in the property. Prohibits practices related to default, late fees, or foreclosure. Requires prompt:
(1) crediting of payments;
(2) responses to payoff balances; and
(3) refund of escrow accounts upon payoff. Directs the Secretary of Housing and Urban Development to study and report to specified congressional committees on mortgage servicing fraud. Amends the Truth in Lending Act to:
(1) require repayment analyses to include escrow payments;
(2) include a written property appraisal as a prerequisite to granting a mortgage;
(3) prohibit unfair and deceptive practices and acts relating to consumer credit transactions secured by the principal dwelling, especially in property appraisals; and
(4) require a mortgage originator to make available to the credit applicant all appraisal valuation reports no later than three days prior to the transaction closing date. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to:
(1) include among the functions of the Appraisal Subcommittee protection of the consumer from improper appraisal practices and the predations of unlicensed appraisers; and
(2) expand state agency reporting requirements to include transmittal to the Appraisal Subcommittee of reports on claims, disciplinary actions, license and certification revocations, and suspensions. Prohibits certain interested parties in a real estate transaction involving an appraisal from engaging in specified practices to improperly influence a real estate appraisal in connection with a mortgage loan. Requires the Comptroller General to study and report to specified congressional committees on possible improvements in the appraisal process and in state compliance programs.


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Sponsor

• Rep. Paul Kanjorski [D, PA-11]
• and 13 Co-Sponsors
  • Rep. Joe Baca [D, CA-43]
  • Rep. Judy Biggert [R, IL-13]
  • Rep. Shelley Capito [R, WV-2]
  • Rep. Michael Capuano [D, MA-8]
  • Rep. William Clay [D, MO-1]
  • Rep. Barney Frank [D, MA-4]
  • Rep. Luis Gutiérrez [D, IL-4]
  • Rep. Paul Hodes [D, NH-2]
  • Rep. Tim Holden [D, PA-17]
  • Rep. Peter King [R, NY-3]
  • Rep. Carolyn Maloney [D, NY-14]
  • Rep. Gwen Moore [D, WI-4]
  • Rep. Charles Wilson [D, OH-6]
  close

Committees

• House Financial Services

Amendments

This bill has no amendments.

Amendments to H.R.3837

Number	Status	Purpose

Bill Status

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Introduced		Voted on by House		Voted on by Senate		Considered By President		Bill Becomes Law
October 16, 2007

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All Bill Actions

• Nov 07, 2007: Committee Consideration and Mark-up Session Held.
• Added to calendar on Nov 07, 2007: Ordered to be Reported (Amended) by Voice Vote..
• Oct 16, 2007: Referred to the House Committee on Financial Services.
• Introduced on Oct 16, 2007.

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Related Issue Areas:

• Housing
• Bank accounts
• Budgets
• Conflict of interests
• 29 more
• Congress
• Congressional investigations
• Congressional reporting requirements
• Consumer credit
• Consumer education
• Consumers
• Debtor and creditor
• Disaster insurance
• Emergency management
• Federally-guaranteed loans
• Fees
• Finance
• Floods
• Foreclosure
• Fraud
• Government information
• Government lending
• Government paperwork
• Housing finance
• Insurance premiums
• Loan defaults
• Mortgage banks
• Mortgage guaranty insurance
• Mortgages
• Property insurance
• Property tax
• Real estate appraisal
• Rent
• Taxation

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In the News

November 15, 2007 Appraisal group under scrutiny

Called the Escrow, Appraisal and Mortgage Servicing Improvements Act (HR 3837), the bill was approved Nov. 6 by the US House Financial Services Committee. ...

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October 25, 2008 Real Estate Blog - "Foreclosure Vouchers?" aka The Trickle Up ...

... house of cards and this years top 10 foreign investments (1), housing and nasdaq bubbles (1), housing market study (1), housing starts (1), housing tracker reo data (1), h r 3837 (1), hr block (1), httpwwwpayscalecom (1) ...

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Source: LandQwest where EXPERIENCE is our foundation....

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October 25, 2008 Real Estate Blog - "Where the Hell is Matt?"

... house of cards and this years top 10 foreign investments (1), housing and nasdaq bubbles (1), housing market study (1), housing starts (1), housing tracker reo data (1), h r 3837 (1), hr block (1), httpwwwpayscalecom (1) ...

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October 23, 2008 Real Estate Blog - National City Corporation acquired by PNC

... house of cards and this years top 10 foreign investments (1), housing and nasdaq bubbles (1), housing market study (1), housing starts (1), housing tracker reo data (1), h r 3837 (1), hr block (1), httpwwwpayscalecom (1) ...

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Source: LandQwest where EXPERIENCE is our foundation....

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