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H.R. 6632 — Bill on repayment terms for mortgages in forbearance (April 28, 2020)

Summary

H.R. 6632, a bill of the 116th Congress, 2nd Session, introduced in the House of Representatives on April 28, 2020 by Soto with a list of cosponsors and referred to the Committee on Financial Services. It is a bill to amend the CARES Act to provide for repayment terms for mortgages in forbearance. The bill inserts a new section 4022A in the CARES Act (Public Law 116–136) under which the servicer of a federally related mortgage loan modifies the loan to extend the term for the same period as the forbearance, with no penalties, late fees or modification fee. It applies the enforcement authority of the Real Estate Settlement Procedures Act of 1974 and defines a COVID–19 emergency period beginning March 13, 2020.

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Issuer
Congressional materials
Document type
Bills Bills 116Hr6632Ih Bills 116Hr6632Ih
Case
Bills Bills 116Hr6632Ih Bills 116Hr6632Ih

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“H.R. 6632 — Bill on repayment terms for mortgages in forbearance (April 28, 2020).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr6632ih-bills-116hr6632ih/, SHA-256 57cbe18c3a552ee01a6082d6a8c4e14440a3e782d9fe613dd491a127c7a3f850.

Full text

                                                                                                                                                                        I




                                                                     116TH CONGRESS
                                                                        2D SESSION
                                                                                                          H. R. 6632
                                                                         To amend the CARES Act to provide for repayment terms for mortgages
                                                                                        in forbearance, and for other purposes.




                                                                                  IN THE HOUSE OF REPRESENTATIVES
                                                                                                  APRIL 28, 2020
                                                                     Mr. SOTO (for himself, Mrs. HAYES, Ms. NORTON, Ms. WILSON of Florida,
                                                                         Ms. CASTOR of Florida, Mr. COHEN, Mr. CÁRDENAS, Mr. COURTNEY,
                                                                         Mr. BLUMENAUER, and Mrs. LURIA) introduced the following bill; which
                                                                         was referred to the Committee on Financial Services




                                                                                                               A BILL
                                                                        To amend the CARES Act to provide for repayment terms
                                                                          for mortgages in forbearance, and for other purposes.

                                                                       1              Be it enacted by the Senate and House of Representa-
                                                                       2 tives of the United States of America in Congress assembled,
                                                                       3    SECTION 1. REPAYMENT TERMS FOR MORTGAGES IN FOR-

                                                                       4                             BEARANCE.

                                                                       5              (a) IN GENERAL.—The CARES Act (Public Law
                                                                       6 116–136) is amended by inserting after section 4022 the
                                                                       7 following:




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                                                                       1    ‘‘SEC. 4022A. REPAYMENT TERMS FOR MORTGAGES IN FOR-

                                                                       2                             BEARANCE.

                                                                       3              ‘‘(a) IN GENERAL.—With respect to a federally re-
                                                                       4 lated mortgage loan with respect to which a forbearance
                                                                       5 was granted during the COVID–19 emergency period (ei-
                                                                       6 ther pursuant to this Act or any other Federal law or vol-
                                                                       7 untarily by the servicer of such mortgage loan), the
                                                                       8 servicer of such mortgage loan shall modify the borrower’s
                                                                       9 loan to extend the term for the same period as the length
                                                                     10 of the forbearance, with all payments that were not made
                                                                     11 during the forbearance distributed at the same intervals
                                                                     12 as the borrower’s existing payment schedule and evenly
                                                                     13 distributed across those intervals, with no penalties, late
                                                                     14 fees, additional interest accrued beyond the amounts
                                                                     15 scheduled or calculated as if the borrower made all con-
                                                                     16 tractual payments on time and in full under the terms of
                                                                     17 the mortgage contract in effect at the time the borrower
                                                                     18 entered into the forbearance, and with no modification fee
                                                                     19 charged to the borrower.
                                                                     20               ‘‘(b) ENFORCEMENT.—The enforcement authority
                                                                     21 provided under the Real Estate Settlement Procedures Act
                                                                     22 of 1974 (12 U.S.C. 2601 et seq.) shall apply to this sec-
                                                                     23 tion.
                                                                     24               ‘‘(c) DEFINITIONS.—In this section:




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                                                                     25                        ‘‘(1) FEDERALLY RELATED MORTGAGE LOAN.—
                                                                     26               The term ‘federally related mortgage loan’ has the
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                                                                       1              meaning given that term under section 3 of the Real
                                                                       2              Estate Settlement Procedures Act of 1974 (12
                                                                       3              U.S.C. 2602).
                                                                       4                       ‘‘(2)       COVID–19                 EMERGENCY                   PERIOD.—The

                                                                       5              term ‘COVID–19 emergency period’ means the pe-
                                                                       6              riod between—
                                                                       7                                 ‘‘(A) March 13, 2020, the date on which
                                                                       8                       the President declared a national emergency
                                                                       9                       concerning              the          novel        coronavirus            disease
                                                                     10                        (COVID–19) outbreak under the National
                                                                     11                        Emergencies Act (50 U.S.C. 1601 et seq.); and
                                                                     12                                  ‘‘(B) December 31, 2021.’’.
                                                                     13               (b) CLERICAL AMENDMENT.—The table of contents
                                                                     14 for the CARES Act is amended by inserting after the item
                                                                     15 relating to section 4022 the following:
                                                                            ‘‘Sec. 4022A. Repayment terms for mortgages in forbearance.’’.

                                                                                                                            Æ




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