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H.R. 7858, Helping Owners Maintain Economic Security Act of 2020

Summary

H.R. 7858 was introduced in the House of Representatives on July 30, 2020, by Evans and referred to the Committee on Financial Services. It may be cited as the Helping Owners Maintain Economic Security Act of 2020 or the HOMES Act of 2020. Section 2 amends section 4022 of the CARES Act to require each servicer of a Federally backed mortgage loan to send written notice by first class United States mail informing the mortgagor of eligibility to request forbearance. Section 3 is headed Notice to Multifamily Housing Mortgagors, and section 4 is headed Model Notices.

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Issuer
Congressional materials
Document type
Bills Bills 116Hr7858Ih Bills 116Hr7858Ih
Case
Bills Bills 116Hr7858Ih Bills 116Hr7858Ih

Cite this document

“H.R. 7858, Helping Owners Maintain Economic Security Act of 2020.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr7858ih-bills-116hr7858ih/, SHA-256 67972a5ce02e8ac05d39cf2291e5eca5ba587a1bf62f71976299f59ca83af4cb.

Full text

                                                                                                                                                                          I




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                            H. R. 7858
                                                                        To require the provision of notice to homeowners regarding available housing
                                                                           relief to respond to the COVID-19 pandemic, and for other purposes.




                                                                                     IN THE HOUSE OF REPRESENTATIVES
                                                                                                       JULY 30, 2020
                                                                       Mr. EVANS introduced the following bill; which was referred to the Committee
                                                                           on Financial Services, and in addition to the Committee on Veterans’ Af-
                                                                           fairs, for a period to be subsequently determined by the Speaker, in each
                                                                           case for consideration of such provisions as fall within the jurisdiction of
                                                                           the committee concerned




                                                                                                                 A BILL
                                                                       To require the provision of notice to homeowners regarding
                                                                          available housing relief to respond to the COVID-19
                                                                          pandemic, 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. SHORT TITLE.

                                                                         4              This Act may be cited as the ‘‘Helping Owners Main-
                                                                         5 tain Economic Security Act of 2020’’ or the ‘‘HOMES Act
                                                                         6 of 2020’’.




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                                                                         1     SEC. 2. NOTICE TO HOMEOWNERS.

                                                                         2              Section 4022 of the CARES Act (15 U.S.C. 9056)
                                                                         3 is amended—
                                                                         4                       (1) in subsection (b)(1), by inserting after ‘‘cov-
                                                                         5              ered period,’’ the following: ‘‘which term for pur-
                                                                         6              poses of this section shall have the meaning given
                                                                         7              such term in section 623(a)(1)(F)(i) of the Fair
                                                                         8              Credit Reporting Act,’’; and
                                                                         9                       (2) by adding at the end the following new sub-
                                                                       10               section:
                                                                       11               ‘‘(d) NOTICE TO HOMEOWNERS OF AVAILABLE RE-
                                                                       12      LIEF.—

                                                                       13                        ‘‘(1) NOTICE REQUIREMENT.—Subject only to
                                                                       14               paragraph (3), not later than the expiration of the
                                                                       15               30-day period beginning upon the date of the enact-
                                                                       16               ment of this subsection, each servicer of a Federally
                                                                       17               backed mortgage loan shall send, by first class
                                                                       18               United States mail, written notice to the mortgagor
                                                                       19               sufficient to inform such mortgagor in plain lan-
                                                                       20               guage of the mortgagor’s eligibility to request for-
                                                                       21               bearance under subsection (b).
                                                                       22                        ‘‘(2) CONTENT.—The notice established pursu-
                                                                       23               ant to paragraph (1) shall include a statement—
                                                                       24                                  ‘‘(A) that section 4022(b) of the CARES




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                                                                       25                        Act provides that, during the covered period, a
                                                                       26                        borrower with a Federally backed mortgage
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                                                                         1                       loan experiencing a financial hardship due, di-
                                                                         2                       rectly or indirectly, to the COVID–19 emer-
                                                                         3                       gency may receive a forbearance on such loan
                                                                         4                       for up to 180 days, regardless of delinquency
                                                                         5                       status, by submitting a request to the loan
                                                                         6                       servicer and affirming that the borrower is ex-
                                                                         7                       periencing a financial hardship during the
                                                                         8                       COVID–19 emergency, and that such forbear-
                                                                         9                       ance period shall be extended for an additional
                                                                       10                        180 days at the request of the borrower;
                                                                       11                                  ‘‘(B) explaining that the mortgagor can
                                                                       12                        seek language assistance and general help
                                                                       13                        through a housing counseling agency in the
                                                                       14                        area that is approved by the Department of
                                                                       15                        Housing and Urban Development and providing
                                                                       16                        information on how to find such an approved
                                                                       17                        housing counseling agency;
                                                                       18                                  ‘‘(C) that the moratorium under the
                                                                       19                        CARES Act does not terminate the mortgagor’s
                                                                       20                        obligation to make payments due under the
                                                                       21                        mortgage;
                                                                       22                                  ‘‘(D) that mortgagor will owe any mort-
                                                                       23                        gage arrearages that accrue during the morato-
                                                                       24                        rium under the CARES Act; and



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                                                                         1                                 ‘‘(E) that mortgagors are encouraged to
                                                                         2                       contact their mortgage servicer if they are hav-
                                                                         3                       ing trouble making payments due under their
                                                                         4                       mortgage.
                                                                         5                       ‘‘(3) EXEMPTION.—A servicer shall not be re-
                                                                         6              quired to send notice pursuant to paragraph (1) to
                                                                         7              any mortgagor who has previously requested forbear-
                                                                         8              ance under subsection (b).’’.
                                                                         9     SEC. 3. NOTICE TO MULTIFAMILY HOUSING MORTGAGORS.

                                                                       10               Section 4023 of the CARES Act (15 U.S.C. 9057)
                                                                       11 is amended—
                                                                       12                        (1) by redesignating subsection (f) as sub-
                                                                       13               section (g); and
                                                                       14                        (2) by inserting after subsection (e) the fol-
                                                                       15               lowing new subsection:
                                                                       16               ‘‘(f) NOTICE TO BORROWER OF AVAILABLE RE-
                                                                       17      LIEF.—

                                                                       18                        ‘‘(1) NOTICE REQUIREMENT.—Subject only to
                                                                       19               paragraph (3), not later than the expiration of the
                                                                       20               30-day period beginning upon the date of the enact-
                                                                       21               ment of this subsection, each servicer of a Federally
                                                                       22               backed multifamily mortgage loan shall send, by
                                                                       23               first class United States mail, written notice to the
                                                                       24               multifamily borrower under such loan sufficient to



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                                                                       25               inform such borrower in plain language of the bor-


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                                                                         1              rower’s eligibility to request forbearance under sub-
                                                                         2              section (b).
                                                                         3                       ‘‘(2) CONTENT.—The notice established pursu-
                                                                         4              ant to paragraph (1) shall include a statement—
                                                                         5                                 ‘‘(A) explaining that the borrower can seek
                                                                         6                       language assistance and general help through a
                                                                         7                       housing counseling agency in the area that is
                                                                         8                       approved by the Department of Housing and
                                                                         9                       Urban Development and providing information
                                                                       10                        on how to find such an approved housing coun-
                                                                       11                        seling agency;
                                                                       12                                  ‘‘(B) that the forbearance under the
                                                                       13                        CARES Act does not terminate the borrower’s
                                                                       14                        obligation to make payments due under the
                                                                       15                        mortgage;
                                                                       16                                  ‘‘(C) that borrower will owe any mortgage
                                                                       17                        arrearages that accrue during the forbearance
                                                                       18                        under the CARES Act;
                                                                       19                                  ‘‘(D) explaining the renter protections
                                                                       20                        under section subsection (d) of section 4023 of
                                                                       21                        the CARES Act and the prohibitions under
                                                                       22                        subsection (e) of such section; and
                                                                       23                                  ‘‘(E) that borrowers are encouraged to
                                                                       24                        contact their mortgage servicer if they are hav-



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                                                                         1                       ing trouble making payments due under their
                                                                         2                       mortgage.
                                                                         3                       ‘‘(3) EXEMPTION.—A servicer shall not be re-
                                                                         4              quired to send notice pursuant to paragraph (1) to
                                                                         5              any multifamily borrower who has previously re-
                                                                         6              quested forbearance under subsection (b).’’.
                                                                         7     SEC. 4. MODEL NOTICES.

                                                                         8              (a) DEVELOPMENT.—Not later than the expiration of
                                                                         9 the 7-day period beginning on the date of the enactment
                                                                       10 of this Act, the Secretary of Housing and Urban Develop-
                                                                       11 ment, the Secretary of Agriculture, the Secretary of Vet-
                                                                       12 erans Affairs, and the Federal National Mortgage Associa-
                                                                       13 tion and the Federal Home Loan Mortgage Corporation,
                                                                       14 at the direction of the Director of the Federal Housing
                                                                       15 Finance Agency, shall jointly establish notices that are
                                                                       16 sufficient to comply with the requirements of sections
                                                                       17 4022(d) and 4023(f) of the CARES Act, as added by the
                                                                       18 amendments made by sections 2 and 3 of this Act, respec-
                                                                       19 tively.
                                                                       20               (b) AVAILABILITY.—Such agency heads and entities
                                                                       21 shall take such actions as may be necessary—
                                                                       22                        (1) to publicize the availability of such notices
                                                                       23               to servicers of a Federally backed mortgage loans
                                                                       24               and Federally backed multifamily mortgage loans;



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                                                                       25               and


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                                                                         1                       (2) to make such notices publicly and widely
                                                                         2              available for use by servicers of a Federally backed
                                                                         3              mortgage loans and Federally backed multifamily
                                                                         4              mortgage loans.
                                                                                                                                  Æ




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