H. Amdt. 26 - Amendment Preserves the Requirement for Credit Counseling but Would Allow Those Who Have Received a Foreclosure Notice to File for Bankruptcy As Long As They Have Obtained the Required Credit Counseling Within 30 Days After the Bankruptcy Filing.

Helping Families Save Their Homes Act of 2009

H.R. 1106 — 111^th Congress (2009–2010)

Keywords

Mortgage Crisis, Cramdown

Summary

Computation of debt will not include debt incurred by a person's home and bankruptcy (Ch. 13) will be avoided if payment to debtors would require the foreclosure of one's home. Loan repayment contracts and mortgages may be subject to cancellation or amendment if payment would require the foreclosure of the debtor's home. Fees and charges to debt files are limited. (by CRS)

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Title

To prevent mortgage foreclosures and enhance mortgage credit availability.

Other Titles

• Helping Families Save Their Homes Act of 2009
• Helping Families Save Their Homes Act of 2009
• Nationwide Mortgage Fraud Task Force Act of 2009

Sponsor

John Conyers, Jr.

Co-Sponsors

• Brad Miller
• Sheila Jackson Lee
• Robert C. "Bobby" Scott
• Jerrold Nadler
• William Delahunt
• Debbie Wasserman Schultz
• Keith Ellison
• James Marshall
• Charles A. Gonzalez
• Linda T. Sánchez
• Zoe Lofgren
• Henry C. "Hank" Johnson, Jr.
• Donna F. Edwards
• Barney Frank
• Maxine Waters
• Michael R. Turner
• Steve Cohen
• Joe Baca
• Earl Blumenauer
• John Lewis
• Sander M. Levin
• Howard L. Berman
• Luis V. Gutiérrez
• Lois Capps

Subjects

• Housing and community development
• Bank accounts, deposits, capital
• Bankruptcy
• Consumer credit
• Federal Deposit Insurance Corporation (FDIC)
• Financial crises and stabilization
• Financial services and investments
• Government lending and loan guarantees
• Housing and community development funding
• Housing finance and home ownership
• Legal fees and court costs
• National Credit Union Administration
• Rural conditions and development
• Securities
• Specialized courts
• Veterans' loans, housing, homeless programs

Related Bills

• H.Res. 190 (111^th) : Providing for Consideration of the Bill (H.R. 1106) to Prevent Mortgage Foreclosures and Enhance Mortgage Credit Availability.
• H.Res. 205 (111^th) : Providing for Further Consideration of the Bill (H.R. 1106) to Prevent Mortgage Foreclosures and Enhance Mortgage Credit Availability.
• S. 895 (111^th) : Helping Families Save Their Homes Act of 2009
• S. 895 (111^th) : Helping Families Save Their Homes Act of 2009
• S. 896 (111^th) : Helping Families Save Their Homes Act of 2009

Major Actions

Introduced	2/23/2009
Referred to Committee
Amendments (4 proposed)
Passed House	3/05/2009

Bill History

• All Votes
• All Actions
• Amendments

	Chamber/Committee	Motion	Date	Result
select this vote	House	Amendment 1 to H.R. 1106	3/05/2009	This amendment PASSED the House 263 voted YES 164 voted NO 10 voted present/not voting
select this vote	House	Amendment 2 to H.R. 1106	3/05/2009	This amendment DID NOT PASS the House 211 voted YES 218 voted NO 8 voted present/not voting
currently selected	House	Amendment 3 to H.R. 1106	3/05/2009	This amendment PASSED the House 423 voted YES 2 voted NO 12 voted present/not voting
select this vote	House	On Motion to Recommit with Instructions: H.R. 1106 Helping Families Save Their Homes Act of 2009	3/05/2009	This motion DID NOT PASS the House 182 voted YES 242 voted NO 7 voted present/not voting
select this vote	House	On Passage - House - H.R. 1106 Helping Families Save Their Homes Act of 2009	3/05/2009	This bill PASSED the House 234 voted YES 191 voted NO 7 voted present/not voting

	Action	Date	Description
	Introduced	2/23/2009
		2/23/2009	Referred to the Committee on Financial Services, and in addition to the Committees on the Judiciary, and Veterans' Affairs, 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.
		2/23/2009	Referred to House Financial Services
		2/23/2009	Referred to House Judiciary
		2/23/2009	Referred to House Veterans' Affairs
		2/26/2009	Rules Committee Resolution H. Res. 190 Reported to House. Rule provides for consideration of H.R. 1106 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The resolution waives all points of order against the bill except those arising under clause 9 of rule XXI.
		2/26/2009	Rule H. Res. 190 passed House.
		2/26/2009	Considered under the provisions of rule H. Res. 190.
		2/26/2009	Rule provides for consideration of H.R. 1106 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The resolution waives all points of order against the bill except those arising under clause 9 of rule XXI.
		2/26/2009	House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 190 and Rule XVIII.
		2/26/2009	The Speaker designated the Honorable Jose E. Serrano to act as Chairman of the Committee.
		2/26/2009	GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1106.
		2/26/2009	Mr. Frank (MA) moved that the Committee rise.
		2/26/2009	On motion to rise Agreed to by voice vote.
		2/26/2009	Committee of the Whole House on the state of the Union rises leaving H.R. 1106 as unfinished business.
		3/04/2009	Rules Committee Resolution H. Res. 205 Reported to House. The resolution provides that amendment number 1 printed in House Report 111-21 to be offered by Rep. John Conyers or his designee shall be perfected by the modification printed in the report to accompany this resolution.
		3/05/2009	Rule H. Res. 205 passed House.
		3/05/2009	Considered as unfinished business.
		3/05/2009	The House resolved into Committee of the Whole House on the state of the Union for further consideration.
		3/05/2009	Amendment (A001) offered by Ms. Lofgren, Zoe.
		3/05/2009	Lofgren, Zoe amendment (A001) as modified. Pursuant to the provisions of H. Res. 205, the Lofgren amendment is modified.
		3/05/2009	DEBATE - Pursuant to the provisions of H. Res. 190, the Committee of the Whole proceeded with thirty minutes of debate on the Lofgren amendment as modified. The modification would (1) allow a court to consider, in lieu of reducing mortgage principal, lowering the interest rate to reduce the debtor's mortgage payments according to the Administration's Homeowner Affordability and Stability Plan as implemented on March 4, 2009; (2) give the mortgage holder a greater proportion of the appreciation in a home on a graduated basis if it is sold during the 5-year period that the case is pending; and (3) provide that when a debtor seeks to reduce a mortgage's principal, the court must determine whether such relief is in good faith based on whether debtor was offered a mortgage modification under the Administration's plan and the debtor was able to afford payments under such plan.
		3/05/2009	POSTPONED PROCEEDINGS - At the conclusion of debate on the Lofgren amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the ayes had prevailed. Mr. Goodlatte demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
		3/05/2009	DEBATE - Pursuant to the provisions of H.Res. 190, the Committee of the Whole proceeded with 10 minutes of debate on the Price (GA) amendment.
		3/05/2009	Amendment (A002) offered by Mr. Price (GA).
		3/05/2009	POSTPONED PROCEEDINGS - At the conclusion of debate on the Price (GA) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Price (GA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
		3/05/2009	DEBATE - Pursuant to the provisions of H.Res. 190, the Committee of the Whole proceed with 10 minutes of debate on the Peters amendment.
		3/05/2009	Amendment (A003) offered by Mr. Peters.
		3/05/2009	POSTPONED PROCEEDINGS - At the conclusion of debate on the Peters amendment the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Goodlatte demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
		3/05/2009	DEBATE - Pursuant to the provisions of H. Res. 190, the Committee of Whole proceeded with 10 minutes of debate on the Titus amendment.
		3/05/2009	Amendment (A004) offered by Ms. Titus.
		3/05/2009	Ms. Lofgren, Zoe moved that the Committee rise.
		3/05/2009	On motion that the Committee rise Agreed to without objection.
		3/05/2009	By unanimous consent, the Titus amendment was withdrawn.
		3/05/2009	Committee of the Whole House on the state of the Union rises leaving H.R. 1106 as unfinished business.
		3/05/2009	Considered as unfinished business.
		3/05/2009	The House resolved into Committee of the Whole House on the state of the Union for further consideration.
select this vote	Vote	3/05/2009	Amendment 1 to H.R. 1106
select this vote	Vote	3/05/2009	Amendment 2 to H.R. 1106
currently selected	Vote	3/05/2009	Amendment 3 to H.R. 1106
		3/05/2009	The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1106.
		3/05/2009	The previous question was ordered pursuant to the rule.
		3/05/2009	The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
		3/05/2009	Mr. Price (GA) moved to recommit with instructions to Judiciary and Financial Services.
		3/05/2009	Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Price (GA) motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment adding a new title pertaining to limitations on use of funds for prevention and mitigation or mortgage forecloures.
		3/05/2009	The previous question on the motion to recommit with instructions was ordered without objection.
select this vote	Vote	3/05/2009	On Motion to Recommit with Instructions: H.R. 1106 Helping Families Save Their Homes Act of 2009
select this vote	House Vote on Passage	3/05/2009	On Passage - House - H.R. 1106 Helping Families Save Their Homes Act of 2009
		3/09/2009	Received in the Senate.
		3/11/2009	Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
		7/23/2009	Referred to the Subcommittee on Commercial and Administrative Law.

	Number	Sponsor	Date Offered	Status
select this vote	H. Amdt. 24	Lofgren, Zoe [D-CA19]	March 5, 2009	Offered on March 4, 2009.
	Amendment, as modified, requires courts to use FHA appraisal guidelines when the fair market value of a home is in dispute; denies relief to individuals who can afford to repay their mortgages without judicial mortgage modification; and extends the negotiation period from 15 to 30 days which requires the debtor to certify that he or she contacted the lender, provided the lender with income, expense and debt statements, and that there was a process for the borrower and lender to seek to reach agreement on a qualified loan modification. Show amendment details
select this vote	H. Amdt. 25	Price, Tom [R-GA6]	March 5, 2009	Failed by roll call vote on March 5, 2009.
	Amendment sought to provide that if a homeowner who has had a mortgage modified in a bankruptcy proceeding sells the home at a profit, the lender can recapture the amount of principal lost in the modification. Show amendment details
currently selected	H. Amdt. 26	Peters, Gary [D-MI]	March 5, 2009	Passed by roll call vote on March 5, 2009.
	Amendment preserves the requirement for credit counseling but would allow those who have received a foreclosure notice to file for bankruptcy as long as they have obtained the required credit counseling within 30 days after the bankruptcy filing. Actions March 5, 2009, 1:10 pm ET - Amendment (A003) offered by Mr. Peters. March 5, 2009, 5:38 pm ET - Amendment 3 to H.R. 1106 Full Text of this Amendment The text of this amendment is not available.
	H. Amdt. 27	Titus, Dina [D-NV1]	March 5, 2009	Withdrawn on March 5, 2009.
	An amendment numbered 4 printed in House Report 111-21 to require a servicer that receives an incentive payment under the Hope for Homeowners program to notify all mortgagors under mortgages they service who are "at-risk homeowners", that they may be eligible for the HOPE for Homeowners Program and how to obtain information regarding the program. Show amendment details