S. Amdt. 1014 - To Prevent Mortgage Foreclosures and Preserve Home Values.

111th Congress (2009-2010) View amendment details
Sponsor:
This is an amendment to S. 896 - Helping Families Save Their Homes Act of 2009
Senate Vote: Durbin Amdt. No. 1014

DID NOT PASS on April 30, 2009.

3/5 required to pass

voted YES: 45 voted NO: 51
3 voted present/not voting

Other Votes:

Helping Families Save Their Homes Act of 2009

S. 896 — 111th Congress (2009–2010)

Keywords
Cramdown, Foreclosure, Mortgage
Summary
A bill to prevent mortgage foreclosures and enhance mortgage credit availability. (by CRS)
Learn More
At OpenCongress
Title
A bill to prevent mortgage foreclosures and enhance mortgage credit availability.
Other Titles
  • Helping Families Save Their Homes Act of 2009
  • Nationwide Mortgage Fraud Task Force Act of 2009
  • Helping Families Save Their Homes Act of 2009
  • Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009
  • Protecting Tenants at Foreclosure Act of 2009
  • Public-Private Investment Program Improvement and Oversight Act of 2009
  • Helping Families Save Their Homes Act of 2009
  • Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009
  • Protecting Tenants at Foreclosure Act of 2009
  • Public-Private Investment Program Improvement and Oversight Act of 2009
Sponsor
Christopher Dodd
Co-Sponsors
Subjects
  • Housing and community development
  • Bank accounts, deposits, capital
  • Banking and financial institutions regulation
  • Business ethics
  • Congressional oversight
  • Consumer credit
  • Criminal investigation, prosecution, interrogation
  • Department of Justice
  • Executive agency funding and structure
  • Federal Deposit Insurance Corporation (FDIC)
  • Financial crises and stabilization
  • Fraud offenses and financial crimes
  • Government investigations
  • Government lending and loan guarantees
  • Housing and community development funding
  • Housing finance and home ownership
  • National Credit Union Administration
Related Bills
Major Actions
Introduced4/24/2009
Amendments (29 proposed)
Passed Senate5/06/2009
Passed House5/19/2009
Signed by President5/20/2009
Bill History
Chamber/CommitteeMotionDateResult
currently selectedSenateDurbin Amdt. No. 10144/30/2009This amendment DID NOT PASS the Senate
45 voted YES 51 voted NO 3 voted present/not voting
select this voteSenateVitter Amdt. No. 10165/04/2009This amendment DID NOT PASS the Senate
39 voted YES 53 voted NO 7 voted present/not voting
select this voteSenateVitter Amdt. No. 10175/04/2009This amendment DID NOT PASS the Senate
36 voted YES 56 voted NO 7 voted present/not voting
select this voteSenateAmendment SA 1032 as modified agreed to in Senate by Unanimous Consent.5/05/2009PASSED by voice vote
select this voteSenateAmendment SA 1038 agreed to in Senate by Unanimous Consent.5/05/2009PASSED by voice vote
select this voteSenateCorker Amdt. No. 10195/05/2009This amendment DID NOT PASS the Senate
31 voted YES 63 voted NO 5 voted present/not voting
select this voteSenateThune Amdt. No. 10305/05/2009This amendment DID NOT PASS the Senate
47 voted YES 48 voted NO 4 voted present/not voting
select this voteSenateEnsign Amdt. NO. 10435/05/2009This amendment PASSED the Senate
96 voted YES 0 voted NO 3 voted present/not voting
select this voteSenateDeMint Amdt. No. 10265/05/2009This amendment DID NOT PASS the Senate
36 voted YES 59 voted NO 4 voted present/not voting
select this voteSenateAmendment SA 1018 agreed to in Senate by Unanimous Consent.5/06/2009PASSED by voice vote
select this voteSenateAmendment SA 1020 as modified agreed to in Senate by Unanimous Consent.5/06/2009PASSED by voice vote
select this voteSenateAmendment SA 1033 agreed to in Senate by Unanimous Consent.5/06/2009PASSED by voice vote
select this voteSenateAmendment SA 1035 agreed to in Senate by Unanimous Consent.5/06/2009PASSED by voice vote
select this voteSenateAmendment SA 1039 as modified agreed to in Senate by Unanimous Consent.5/06/2009PASSED by voice vote
select this voteSenateAmendment SA 1040 agreed to in Senate by Voice Vote.5/06/2009PASSED by voice vote
select this voteSenateKerry Amdt. No. 1036 As Modified5/06/2009This amendment PASSED the Senate
57 voted YES 39 voted NO 3 voted present/not voting
select this voteSenateMotion to Waive Sect. 202, S. Con. Res. 21, 110th Congress, Coburn Amdt. No. 10425/06/2009This amendment DID NOT PASS the Senate
50 voted YES 46 voted NO 3 voted present/not voting
select this voteSenateGrassley Amdt. No. 1021 As Modified5/06/2009This amendment PASSED the Senate
95 voted YES 1 voted NO 3 voted present/not voting
select this voteSenateOn Passage - Senate - S. 896 As Amended5/06/2009This bill PASSED the Senate
91 voted YES 5 voted NO 3 voted present/not voting
select this voteHouseOn Passage - House - S 896 Helping Families Save Their Homes Act - Under Suspension of the Rules5/19/2009This bill PASSED the House
367 voted YES 54 voted NO 11 voted present/not voting
ActionDateDescription
Introduced4/24/2009
4/24/2009Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Put on a legislative calendar4/27/2009Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 52.
4/30/2009Measure laid before Senate by unanimous consent.
4/30/2009Proposed amendment SA 1014, pursuant to the order of April 29, 2009, having failed to achieve the required 60 votes in the affirmative, was withdrawn in Senate.
4/30/2009Amendment SA 1016 proposed by Senator Vitter to Amendment SA 1018.
4/30/2009Amendment SA 1017 proposed by Senator Vitter to Amendment SA 1018.
4/30/2009Amendment SA 1018 proposed by Senator Dodd.
4/30/2009Amendment SA 1019 proposed by Senator Corker to Amendment SA 1018.
4/30/2009Amendment SA 1014 proposed by Senator Durbin.
currently selectedVote4/30/2009Durbin Amdt. No. 1014
5/01/2009Considered by Senate.
5/01/2009Considered by Senate.
5/01/2009Considered by Senate.
5/01/2009Considered by Senate.
5/01/2009Considered by Senate.
5/04/2009Considered by Senate.
5/04/2009Considered by Senate.
5/04/2009Considered by Senate.
5/04/2009Considered by Senate.
5/04/2009Considered by Senate.
5/04/2009Amendment SA 1020 proposed by Senator Dodd for Senator Grassley to Amendment SA 1018.
5/04/2009Amendment SA 1021 proposed by Senator Dodd for Senator Grassley to Amendment SA 1018.
select this voteVote5/04/2009Vitter Amdt. No. 1016
select this voteVote5/04/2009Vitter Amdt. No. 1017
5/05/2009Considered by Senate.
5/05/2009Considered by Senate.
5/05/2009Considered by Senate.
5/05/2009Considered by Senate.
5/05/2009Considered by Senate.
5/05/2009Amendment SA 1026 proposed by Senator DeMint to Amendment SA 1018.
5/05/2009Amendment SA 1030 proposed by Senator Thune to Amendment SA 1018.
5/05/2009Amendment SA 1031 proposed by Senator Dodd for Senator Schumer to Amendment SA 1018.
5/05/2009Amendment SA 1032 proposed by Senator Dodd for Senator Feingold to Amendment SA 1018.
select this voteVote5/05/2009Amendment SA 1032 as modified agreed to in Senate by Unanimous Consent.
5/05/2009Amendment SA 1033 proposed by Senator Casey to Amendment SA 1018.
5/05/2009Amendment SA 1035 proposed by Senator Dodd for Senator Boxer to Amendment SA 1018.
5/05/2009Amendment SA 1036 proposed by Senator Dodd for Senator Kerry to Amendment SA 1018.
5/05/2009Amendment SA 1038 proposed by Senator Boxer to Amendment SA 1018.
select this voteVote5/05/2009Amendment SA 1038 agreed to in Senate by Unanimous Consent.
5/05/2009Amendment SA 1039 proposed by Senator Dodd for Senator Reed to Amendment SA 1018.
5/05/2009Amendment SA 1040 proposed by Senator Reed to Amendment SA 1018.
5/05/2009Amendment SA 1042 proposed by Senator Coburn to Amendment SA 1040.
5/05/2009Amendment SA 1043 proposed by Senator Ensign to Amendment SA 1038.
select this voteVote5/05/2009Corker Amdt. No. 1019
select this voteVote5/05/2009Thune Amdt. No. 1030
select this voteVote5/05/2009Ensign Amdt. NO. 1043
select this voteVote5/05/2009DeMint Amdt. No. 1026
5/06/2009Considered by Senate.
5/06/2009Message on Senate action sent to the House.
5/06/2009Considered by Senate.
select this voteVote5/06/2009Amendment SA 1018 agreed to in Senate by Unanimous Consent.
5/06/2009Considered by Senate.
select this voteVote5/06/2009Amendment SA 1020 as modified agreed to in Senate by Unanimous Consent.
5/06/2009Considered by Senate.
5/06/2009Considered by Senate.
5/06/2009Proposed amendment SA 1031 withdrawn in Senate.
5/06/2009Considered by Senate.
select this voteVote5/06/2009Amendment SA 1033 agreed to in Senate by Unanimous Consent.
5/06/2009Considered by Senate.
select this voteVote5/06/2009Amendment SA 1035 agreed to in Senate by Unanimous Consent.
5/06/2009Considered by Senate.
5/06/2009Considered by Senate.
select this voteVote5/06/2009Amendment SA 1039 as modified agreed to in Senate by Unanimous Consent.
5/06/2009Considered by Senate.
select this voteVote5/06/2009Amendment SA 1040 agreed to in Senate by Voice Vote.
5/06/2009Amendment SA 1042 ruled out of order by the chair.
5/06/2009Considered by Senate.
5/06/2009Point of order raised in Senate with respect to amendment SA 1042.
select this voteVote5/06/2009Kerry Amdt. No. 1036 As Modified
select this voteVote5/06/2009Motion to Waive Sect. 202, S. Con. Res. 21, 110th Congress, Coburn Amdt. No. 1042
select this voteVote5/06/2009Grassley Amdt. No. 1021 As Modified
select this voteSenate Vote on Passage5/06/2009On Passage - Senate - S. 896 As Amended
5/06/2009Received in the House.
5/06/2009Held at the desk.
5/19/2009Message on House action received in Senate and at desk: House amendment to Senate bill.
5/19/2009Senate agreed to the House amendment by Unanimous Consent.
5/19/2009Message on Senate action sent to the House.
5/19/2009Mr. Frank (MA) moved to suspend the rules and pass the bill, as amended.
5/19/2009Considered under suspension of the rules.
5/19/2009DEBATE - The House proceeded with forty minutes of debate on S. 896.
5/19/2009At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
5/19/2009Considered as unfinished business.
select this voteHouse Vote on Passage5/19/2009On Passage - House - S 896 Helping Families Save Their Homes Act - Under Suspension of the Rules
Presented to President5/20/2009Cleared for White House.
Presented to President5/20/2009Presented to President.
Signed5/20/2009Signed by President.
Enacted5/20/2009Became Public Law No: 111-22.
NumberSponsorDate OfferedStatus
currently selectedS. Amdt. 1014Durbin, Richard [D-IL]April 30, 2009Offered on April 30, 2009.

To prevent mortgage foreclosures and preserve home values.

Actions

April 30, 2009, 12:00 am ET - Proposed amendment SA 1014, pursuant to the order of April 29, 2009, having failed to achieve the required 60 votes in the affirmative, was withdrawn in Senate.
April 30, 2009, 12:00 am ET - Amendment SA 1014 proposed by Senator Durbin.
April 30, 2009, 2:47 pm ET - Durbin Amdt. No. 1014

Full Text of this Amendment

SA 1014. Mr. DURBIN (for himself, Mr. Dodd, Mr. Reid, Mr. Schumer, Mr. Whitehouse, and Mr. Harkin) proposed an amendment to the bill S. 896, to prevent mortgage foreclosures and enhance mortgage credit availability; as follows:

At the end of the bill, add the following:
TITLE V--PREVENTION OF MORTGAGE FORECLOSURES


Subtitle A--Modification of Residential Mortgages


SEC. 501. DEFINITIONS.
Section 101 of title 11, United States Code, is amended by inserting after paragraph (43) the following:
``(43A)(A) The term `qualified loan modification offer' means a loan modification agreement that is consistent with the terms described in subparagraph (B) and that is offered--
``(i) in accordance with the guidelines of the Homeowner Affordability and Stability Plan, to a debtor who qualifies for such plan;
``(ii) in accordance with the qualified loan guidelines described in subparagraph (C)(i) for loans insured or guaranteed by the Federal Housing Administration of the Department of Housing and Urban Development, the Department of Veterans Affairs, or the Department of Agriculture, to a debtor for whom a loan is insured or guaranteed under programs of such Government entities; or
``(iii) in accordance with qualified loan guidelines described in subparagraph (C)(ii) to a debtor who does not qualify for the Homeowner Affordability and Stability Plan, for a loan for which the servicer is not a participant in such plan, and for whom a loan is not insured or guaranteed under programs of the Government entities described in subparagraph (A)(ii).
``(B) For purposes of this paragraph, a `qualified loan modification offer'--
``(i) requires no fees or charges to be paid by the debtor in order to obtain such modification;
``(ii) permits the debtor to continue to make payments under the modification agreement, notwithstanding the filing of a case under this title, as if such case had not been filed;
``(iii) is offered in good faith to the debtor in writing, not later than 45 days after the date on which the debtor provided to the servicer of such loan, in good faith, all required information, as defined in subparagraph (G), in order to be considered for a qualified loan modification offer or a qualified loan refinancing offer;
``(iv) is presented to the debtor as a firm written offer in a form that can be accepted by the debtor by signing the offer and returning it to the servicer of such loan;
``(v) is offered with respect to a loan for which no foreclosure sale is scheduled, or shall be scheduled, during the time the request for modification is being considered or is scheduled during the 30-day period beginning on the expiration of the time period specified in clause (iii); and
``(vi) is not revoked by the servicer of such loan for reasons within the control of the debtor before the confirmation of the plan filed under section 1321 or the modification of a plan under section 1323 or 1329.
``(C) For purposes of this paragraph, the term `qualified loan guidelines' describes a loan modification agreement that--
``(i) in the case of a loan that is insured or guaranteed by the Federal Housing Administration, the Department of Veterans Affairs, or the Department of Agriculture and that is secured by the senior security interest in the principal residence of the debtor, modifies the debtor's monthly housing payment for at least a period of 5 years--
``(I) to 31 percent or less of the debtor's monthly gross income at the time of the modification, without any period of negative amortization; or
``(II) before expiration of the 90-day period beginning on the effective date of this paragraph, to the lowest percentage of the debtor's monthly gross income allowed under the applicable program guidelines in effect before the effective date of this paragraph, without any period of negative amortization, if such lowest percentage is greater than 31 percent of the debtor's monthly gross income at the time of the modification, without any period of negative amortization;
``(ii) in the case of a loan for a debtor who does not qualify for the Homeowner Affordability and Stability Plan, or of a loan for which the servicer is not a participant in such plan and for whom a loan is not insured or guaranteed under programs of the Government entities described in subparagraph (A)(ii)--
``(I) modifies the debtor's monthly housing payment for at least a period of 5 years to 31 percent or less of the debtor's monthly gross income at the time of the modification, without any period of negative amortization; and
``(II) provides that, after the initial period of 5 years, the interest rate on the modified loan may increase by not more than 1 percentage point per year until the interest rate reaches (but does not exceed) the prevailing market interest rate on the date on which the modification is finalized, as published by the Federal Home Loan Mortgage Corporation, at which time such maximum interest rate shall be fixed for the remaining loan term.
``(D) For purposes of this paragraph--
``(i) the term `debtor's monthly gross income' means the total income amount before any payroll deductions, and includes wages and salaries, overtime pay, commissions, fees, tips, bonuses, housing allowances, other compensation for personal services, Social Security payments, including Social Security received by adults on behalf of minors or by minors intended for their own support, and monthly income from annuities, insurance policies, retirement funds, pensions, disability or death benefits,
unemployment benefits, rental income, and other income. For income from the operation of a business, profession, or farm, monthly gross income shall be the sum of the debtor's gross receipts exclusive of ordinary and necessary business expenses; and
``(ii) the term `debtor's monthly housing payment' includes fixed principal and interest, and payments for real estate taxes, hazard insurance, mortgage insurance premium, homeowners' association dues, ground rent, special assessments, and all other amounts collected by the servicer as part of that payment.
``(E) The term `Homeowner Affordability and Stability Plan' means the loan modification plan announced and implemented by the Secretary of the Treasury on March 4, 2009, and any successor thereto.
``(F) For purposes of this paragraph, the term `servicer' means the person responsible for any of master servicing, servicing, or subservicing of a debt secured by the debtor's principal residence (including the person who makes or holds a loan if such person also master services, services, or subservices the loan).
``(G) For purposes of this paragraph, the term `required information' means all information required to be provided to the servicer under the Homeowner Affordability and Stability Plan, or according to a similar standardized list, as issued by the Secretary of the Treasury or the Secretary of the Department of Housing and Urban Development, to allow the servicer to determine the debtor's eligibility for a qualified loan modification offer or a qualified loan refinancing offer made by the holder
of the loan. If the servicer fails to notify the debtor within 30 days of the date of submission of information by the debtor that the information is incomplete and specify what further information must be submitted, it shall be conclusively presumed that the information submitted by the debtor satisfies such requirement. For purposes of this subparagraph, required information provided to the servicer by the debtor shall be deemed accurate and complete as of the time it was delivered to the servicer. Material differences not based on a change in the debtor's circumstances between the required information provided under the Homeowner Affordability
and Stability Plan or a similar standardized list, as issued by the Secretary of the Treasury or the Secretary of the Department of Housing and Urban Development, and information provided by the debtor in the schedules required under section 521(a), shall give rise to a rebuttable presumption that the debtor is not eligible
for a modification under section 1322(b)(11), if such material differences in the required information render the debtor ineligible for a qualified loan modification offer or a qualified loan refinancing offer. The debtor may rebut the presumption by showing that the debtor offered the required information in good faith.
``(43B) The term `qualified loan refinancing offer' means a loan offered in accordance with the HOPE for Homeowners program, as authorized by section 257 of the National Housing Act (12 U.S.C. 1715z-23) that--
``(A) refinances a loan secured by the senior security interest in the principal residence of the debtor, and which is eligible to be refinanced under the HOPE for Homeowners program;
``(B) permits the debtor to continue to make payments under the loan, notwithstanding the filing of a case under this title, as if such case had not been filed; and
``(C) with respect to which the debtor has received a written notice that the debtor's application for such loan was approved by a person or entity authorized by the Secretary of the Department of Housing and Urban Development to serve as a mortgagee, and such loan approval was not revoked by such person or entity before the date of the confirmation of the plan filed under section 1321 or the modification of a plan under section 1323 or 1329.''.
SEC. 502. ELIGIBILITY FOR RELIEF.
Section 109 of title 11, United States Code, is amended--
(1) in subsection (e)--
(A) by inserting ``(1)'' after ``(e)''; and
(B) by adding at the end the following:
``(2) For purposes of this subsection, the computation of debts shall not include the secured or unsecured portions of--
``(A) debts secured by the debtor's principal residence, if the value of such residence as of the date of the order for relief under chapter 13 is less than the applicable maximum amount of noncontingent, liquidated, secured debts specified in this subsection; or
``(B) debts secured or formerly secured by what was the debtor's principal residence that was sold in foreclosure or that the debtor surrendered to the creditor, if the value of such real property as of the date of the order for relief under chapter 13 was less than the applicable maximum amount of noncontingent, liquidated, secured debts specified in this subsection.'';
(2) in subsection (h)(1), by striking ``and (3)'' and inserting ``, (3), and (5)''; and
(3) in subsection (h), by adding at the end the following:
``(5) With respect to a debtor in a case under chapter 13 who is at least 60 days delinquent with respect to the claim secured by the debtor's principal residence and submits to the court a certification that the debtor has received written notice that the holder of a claim secured by the debtor's principal residence may commence a foreclosure on the debtor's principal residence, the requirements of paragraph (1) shall be considered to be satisfied if the debtor satisfies such requirements not
later than the expiration of the 45-day period beginning on the date of the filing of the petition.''.
SEC. 503. AUTHORITY TO MODIFY CERTAIN MORTGAGES.
Section 1322 of title 11, United States Code, is amended--
(1) in subsection (b)--
(A) by redesignating paragraph (11) as paragraph (12);
(B) in paragraph (10), by striking ``and'' at the end; and
(C) by inserting after paragraph (10) the following:
``(11) notwithstanding paragraph (2), modify the rights of the holder of a claim for a loan originated before January 1, 2009, with an unpaid principal balance that is not greater than the maximum loan amount provided for in the guidelines of the Homeowner Affordability and Stability Plan, that is at least 60 days delinquent and secured by a security interest in the debtor's principal residence and, in the case of a claim secured by the senior security interest in such residence that is the
subject of a written notice that a foreclosure may be commenced with respect to such loan--
``(A) by providing for payment of the amount of the allowed secured claim, as determined under section 506(a)(1);
``(B) by modifying the terms and conditions of such loan--
``(i) to extend the repayment period for a period that is not longer than the longer of 40 years (reduced by the period for which such loan has been outstanding) or the remaining term of such loan, beginning on the date of the order for relief under this chapter; and
``(ii) to provide for the payment of interest accruing after the date of the order for relief under this chapter at a fixed annual rate equal to the currently applicable average prime offer rate, as of the date of the order for relief under this chapter, corresponding to the repayment term determined under the preceding paragraph, as published by the Federal Financial Institutions Examination Council in its table entitled `Average Prime Offer Rates--Fixed' (or any successor thereto), rounded
to the nearest 0.125 percent, plus a reasonable premium for risk; and
``(C) by providing for payments of such modified loan directly to the holder of the claim or, at the discretion of the court, through the trustee during the term of the plan; and''; and
(2) by adding at the end the following:
``(g) A claim may be reduced under subsection (b)(11)(A) only on the condition that if the debtor sells the principal residence securing such claim during the pendency of the case under this chapter and receives net proceeds from the sale of such residence--
``(1) the debtor agrees to pay to such holder 50 percent of the amount of the difference between the sale price and the amount of such claim, as originally determined under subsection (b)(11) (plus costs of sale and improvements), but not to exceed the unpaid amount of the allowed secured claim determined as if such claim had not been reduced under such subsection;
``(2) the debtor notifies the holder of such claim (or entity collecting payments on behalf of such holder), not later than 30 days before the closing date of such sale, of the details of sale, including the buyer's name and address, the buyer's relationship to the debtor, if any, purchase price, anticipated sale closing date, name and address of the closing agent, and any other relevant information; and
``(3) any amount to be received by the holder is listed in the closing documents.
``(h) With respect to a claim of the kind described in subsection (b)(11) that is secured by the senior security interest in the debtor's principal residence, the plan may not contain a modification under the authority of subsection (b)(11)--
``(1) in a case commenced under this chapter after the expiration of the 45-day period beginning on the effective date of this subsection, unless the debtor certifies that the debtor sought a qualified loan modification offer or a qualified loan refinancing offer, as those terms are defined in paragraphs (43A) and (43B) of section 101, respectively, and submitted the required information, as that term is defined in section 101(43A)(G);
``(2) in any other case under this chapter, unless the debtor certifies that the debtor sought a qualified loan modification offer or qualified loan refinancing offer, as those terms are so defined, at least 45 days before--
``(A) the date of confirmation of a plan under section 1321 that contains a modification under the authority of subsection (b)(11) of this section; or
``(B) the date of modification of a plan under section 1323 or 1329 to contain a modification under the authority of subsection (b)(11) of this section;
``(3) except as provided in subsection (i)(2), if the debtor's monthly housing payment prior to loan modification or refinance is less than 31 percent of the debtor's gross monthly income (as those terms are defined in section 101(43A)(D)); or
``(4) except as provided in subsection (i)(2), if the debtor has received a qualified loan modification offer or a qualified loan refinancing offer, as those terms are so defined.
``(i)(1) If the debtor's income at the time at which a petition is filed under this chapter is equal to or greater than 80 percent of the area median income, as published by the Department of Housing and Urban Development, with respect to a claim of the kind described in subsection (b)(11), and if the debtor has received a qualified loan modification offer or a qualified loan refinancing offer (as those terms are defined in paragraphs (43A) and (43B) of section 101, respectively for purposes
of this subsection), such debtor may not modify the rights of the holder of a claim that is secured by the senior security interest in the debtor's principal residence pursuant to subsection (b)(11), regardless of whether the debtor has accepted the offer.
``(2) If the debtor's income at the time at which a petition is filed under this chapter is not equal to or greater than 80 percent of the area median income, as published by the Department of Housing and Urban Development, the debtor shall be subject to all requirements applicable to other debtors under this section with respect to a claim of the kind described in subsection (b)(11), provided that--
``(A) if the debtor is subject to subsection (h)(3) or (h)(4), such debtor may still modify the rights of the holder of a claim secured by the senior security interest in the debtor's principal residence pursuant to subsection (b)(11), other than by reduction in the principal balance, if the payments that would be due under a modification implemented by a plan under this chapter permitting payments over a term of 40 years and an interest rate equal to the currently applicable prime offer rate
described in subsection (b)(11)(B)(ii) would be less than the payments due under the qualified loan modification offer or a qualified loan refinancing offer; and
``(B) if the debtor has received an otherwise qualified loan modification offer or a qualified loan refinancing offer that reduces the debtor's monthly housing payment to 25 percent or less of the debtor's monthly gross income (as those terms are defined in section 101(43A)(D)), such debtor may not modify the rights of the holder of a claim secured by the senior security interest in the debtor's principal residence pursuant to subsection (b)(11), regardless of whether or not the debtor has accepted
the offer.
``(j) In determining the holder's allowed secured claim under section 506(a)(1) for purposes of subsection (b)(11)(A) of this section, the value of the debtor's principal residence shall be the fair market value of such residence on the date of the determination of the value of the allowed secured claim and, if the issue of value is contested, the court shall determine such value in accordance with the appraisal rules used by the Federal Housing Administration.
``(k) If the rights of a holder of a claim of the kind described in subsection (b)(11) have been modified pursuant to subsection (b)(11), the court may not approve, and the debtor may not borrow, any additional funds during the pendency of the case that are secured by a security interest in the debtor's principal residence that is junior to the lien securing such claim.''.
SEC. 504. COMBATING EXCESSIVE FEES.
Section 1322(c) of title 11, United States Code, is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and inserting a semicolon; and
(3) by adding at the end the following:
``(3) the debtor, the debtor's property, and property of the estate are not liable for a fee, cost, or charge that is incurred while the case under this chapter is pending and arises from a debt that is secured by the debtor's principal residence, except to the extent that--
``(A) the holder of the claim for the debt files with the court and serves on the trustee, the debtor, and the debtor's attorney (annually or, in order to permit filing consistent with clause (ii), more frequently, as the court determines necessary) notice of the fee, cost, or charge before the earlier of--
``(i) 1 year after the date on which the fee, cost, or charge is incurred; or
``(ii) 60 days before the closing of the case under this chapter; and
``(B) the fee, cost, or charge is not unlawful under applicable nonbankruptcy law, and is reasonable and provided for in the applicable security agreement;
``(4) the failure of a party to give notice described in paragraph (3) shall be deemed a waiver of any claim for any fee, cost, or charge described in paragraph (3) for all purposes, and any attempt to collect such a fee, cost, or charge shall constitute a violation of section 524(a)(2) or, if the violation occurs before the date of discharge, of section 362(a); and
``(5) a plan may provide for the waiver of any prepayment penalty on a claim secured by the debtor's principal residence.''.
SEC. 505. CONFIRMATION OF PLAN.
Section 1325(a) of title 11, United States Code, is amended--
(1) in paragraph (5)--
(A) by inserting ``except as otherwise provided in section 1322(b)(11),'' after ``(5)''; and
(B) in subparagraph (B)(iii)(I), by inserting ``(including payments of a claim modified under section 1322(b)(11))'' after ``payments'' the 1st place that term appears;
(2) in paragraph (8), by striking ``and'' at the end;
(3) in paragraph (9), by striking the period at the end and inserting a semicolon; and
(4) by inserting immediately after paragraph (9) the following:
``(10) notwithstanding paragraph (5)(B)(i)(I), in a case in which the plan modifies a claim in accordance with section 1322(b)(11), the holder of a claim whose rights are modified pursuant to section 1322(b)(11) retains the lien until the full payment of the allowed secured claim of the holder, together with postpetition interest, fees, costs, and charges permitted under section 1322(b)(11) and, if applicable, 1322(c)(3); and
``(11) in a case in which the plan modifies a claim in accordance with section 1322(b)(11), the court--
``(A) finds that the modification is in good faith, which the court may not find if the debtor has no need for relief under section 1322(b)(11) because the debtor can pay all of the debts of the debtor and any payment increases on such debts without difficulty for the foreseeable future, including the positive amortization of mortgage debt; and
``(B) does not find that the debtor has been criminally convicted of actual fraud in obtaining the extension, renewal, or refinancing of credit that gives rise to a modified claim.''.
SEC. 506. DISCHARGE.
Section 1328(a) of title 11, United States Code, is amended--
(1) in the matter preceding paragraph (1), by inserting ``(other than payments to holders of claims whose rights are modified under section 1322(b)(11))'' after ``paid''; and
(2) in paragraph (1), by inserting ``or, to the extent of the unpaid portion of an allowed secured claim, as provided for under section 1322(b)(11)'' after ``1322(b)(5)''.
SEC. 507. STANDING TRUSTEE FEES.
(a) Amendment to Title 28.--Section 586(e)(1)(B)(i) of title 28, United States Code, is amended--
(1) by inserting ``(I) except as provided in subclause (II),'' after ``(i)'';
(2) by striking ``or'' at the end and inserting ``and''; and
(3) by adding at the end the following:
``(II) 4 percent, with respect to payments received under section 1322(b)(11) of title 11, by the individual as a result of the operation of section 1322(b)(11)(C) of title 11, unless the bankruptcy court waives all fees with respect to such payments, based on a determination that the individual has income equal to less than 150 percent of the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block
Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved, and payment of such fees would render the plan of the debtor infeasible; or''.
(b) Applicability.--The amendments made by this section shall apply to any trustee to whom the provisions of section 302(d)(3) of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 (28 U.S.C. 581 note) apply.
SEC. 508. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Application of Amendments.--
(1) IN GENERAL.--Except as provided in paragraph (2), the amendments made by this title shall apply with respect to any case commenced under title 11 of the United States Code before, on, or after the date of enactment of this Act with respect to loans serviced by entities affiliated with entities for which participation in the Homeowner Affordability and Stability Plan announced and implemented by the Secretary of the Treasury on March 4, 2009, (and any successor thereto) is mandatory.
(2) EXCEPTION.--With respect to loans serviced by entities that are unaffiliated with entities for which participation in the Homeowner Affordability and Stability Plan is mandatory, and that have announced and implemented a policy of ceasing all foreclosure activities for 45 days after the date of enactment of this Act, the time period in clause (iii) of section 101(43A)(B) of title 11, United States Code (as added by this title), shall expire on the later of 90 days after the date of
enactment of this Act or the date on which it would otherwise expire under that clause.
(3) LIMITATION.--The amendments made by this subtitle shall not apply with respect to any case closed under title 11 of the United States Code as of the date of enactment of this Act that is not pending on appeal in, nor appealable to, any court of the United States.
(b) Sunset.--The amendments made by sections 501, 503, 505, 506, and 507 shall not apply to any case commenced under title 11 of the United States Code after the later of December 31, 2012 or the expiration of any extension of the Homeowner Affordability and Stability Plan (or any successor thereto).
SEC. 509. GAO STUDY AND REPORT.
(a) Study.--The Comptroller General of the United States shall carry out a study of--
(1) the number of debtors who filed, during the 1-year period beginning on the date of enactment of this Act, cases under chapter 13 of title 11, United States Code, for the purpose of restructuring a mortgage loan secured by the principal residence of the debtor;
(2) the number of such mortgages restructured under the amendments made by this subtitle that subsequently resulted in default and foreclosure; and
(3) a comparison between the effectiveness of mortgages restructured under programs outside of bankruptcy law, such as Hope Now, the Homeowner Affordability and Stability Plan (as implemented by the Secretary of the Treasury on March 4, 2009), and the HOPE for Homeowners program, and mortgages restructured under the amendments made by this subtitle.
(b) Report.--Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit a report on the results of the study required by subsection (a) to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.
SEC. 510. UNENFORCEABILITY OF CERTAIN PROVISION AS BEING CONTRARY TO PUBLIC POLICY.
(a) Congressional Findings.--Congress finds that--
(1) in conjunction with the amendments made by this subtitle, the enforcement of provisions of certain investment contracts in effect on the date of enactment of this Act, which require excess bankruptcy losses that exceed a certain dollar amount on residential mortgages to be borne by classes of certificates on a pro rata basis, would affect the parties to those contracts in ways that could not have occurred under the law in effect at the time at which such contracts were entered into, would
interfere with the achievement of the purposes of this subtitle, and would have adverse effects on the national economy, potentially including adverse effects on the security of depositors of banking institutions and policyholders of insurance companies operating in interstate commerce; and
(2) to achieve the purposes of this subtitle to avoid preventable foreclosures, avoid unintended and adverse systemic effects on the national economy, and preserve the existing economic expectations of the parties to investment contracts to the extent reasonably possible, it is necessary that such provisions be unenforceable to the extent that such provisions refer to types of bankruptcy losses that could not have been incurred under the law in effect at the time at which such contracts were
entered into.
(b) Unenforceability of Provisions.--
(1) IN GENERAL.--Any bankruptcy loss allocation provision in any mortgage-backed securities contract in effect on the date of enactment of this Act shall be unenforceable as contrary to public policy, to the extent that such bankruptcy loss allocation provision allocates to senior classes of mortgage-backed securities of the issuer bankruptcy losses that could not have been incurred under the law in effect on the date on which such mortgage-backed securities contract was entered into,
without the consent of the holder of the related residential mortgage or mortgages.
(2) EFFECT OF UNENFORCEABILITY.--Any bankruptcy losses that would have been allocated under a bankruptcy loss allocation provision that is unenforceable under paragraph (1) shall be allocated as if the bankruptcy losses constituted losses (other than bankruptcy losses) under the applicable mortgage-backed securities contract.
(c) Covered Bankruptcy Losses.--For purposes of subsection (b), the term ``bankruptcy losses that could not have been incurred under the law in effect on the date on which such mortgage-backed securities contract was entered into, without the consent of the holder of the related residential mortgage or mortgages'' includes all bankruptcy losses incurred as a result of the application of section 1322(b)(11) of title 11, United States Code, as amended by this title.
(d) Definitions.--For purposes of this section, the following definitions shall apply:
(1) BANKRUPTCY LOSS ALLOCATION PROVISION.--The term ``bankruptcy loss allocation provision'' means any provision in a mortgage-backed securities contract that allocates any portion of bankruptcy losses to senior classes of mortgage-backed securities of the issuer before the outstanding principal amount of subordinated classes of the mortgage-backed securities of the issuer has been reduced to zero as a result of the allocation of losses or otherwise.
(2) BANKRUPTCY LOSSES.--The term ``bankruptcy losses'' means any losses relating to residential mortgages held by a securitization vehicle that arise in a proceeding under title 11 of the United States Code.
(3) MORTGAGE-BACKED SECURITIES.--The term ``mortgage-backed securities'' means mortgage pass-through certificates, participation certificates, mortgage-backed securities, or other similar securities backed by a pool of assets that includes residential mortgage loans.
(4) MORTGAGE-BACKED SECURITIES CONTRACT.--The term ``mortgage-backed securities contract'' means a contract or other instrument that governs the terms of mortgage-backed securities.
(5) SECURITIZATION VEHICLE.--The term ``securitization vehicle'' means a trust, corporation, partnership, limited liability entity, special purpose entity, or other structure that--
(A) is the issuer, or is created by the issuer, of mortgage pass-through certificates, participation certificates, mortgage-backed securities, or other similar securities backed by a pool of assets that includes residential mortgage loans; and
(B) holds such mortgages.
Subtitle B--Related Mortgage Modification Provisions


SEC. 511. ADJUSTMENTS AS A RESULT OF MODIFICATION IN BANKRUPTCY OF HOUSING LOANS GUARANTEED BY THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 3732(a)(2) of title 38, United States Code, is amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by adding at the end the following new subparagraph:
``(B) In the event that a housing loan guaranteed under this chapter is modified under the authority provided under section 1322(b)(11) of title 11, United States Code, the Secretary shall pay the holder of the obligation the unpaid balance of the obligation due as of the date of the filing of the petition under title 11, United States Code, plus accrued interest, but only upon the assignment, transfer, and delivery to the Secretary (in a form and manner satisfactory to the Secretary) of all
rights, interest, claims, evidence, and records with respect to the housing loan.''.
(b) Maturity of Housing Loans.--Section 3703(d)(1) of title 38, United States Code, is amended by inserting ``at the time of origination'' after ``loan''.
(c) Implementation.--The Secretary of Veterans Affairs may implement the amendments made by this section through notice, procedure notice, or administrative notice.
SEC. 512. PAYMENT OF FHA MORTGAGE INSURANCE BENEFITS.
(a) In General.--Section 204(a) of the National Housing Act (12 U.S.C. 1710(a)) is amended--
(1) in paragraph (1), by adding at the end the following new subparagraph:
``(E) MODIFICATION OF MORTGAGE IN BANKRUPTCY.--
``(i) AUTHORITY.--If an order is entered under the authority provided under section 1322(b)(11) of title 11, United States Code, that (a) determines the amount of an allowed secured claim under a mortgage in accordance with section 506(a)(1) of title 11, United States Code, and the amount of such allowed secured claim is less than the amount due under the mortgage as of the date of the filing of the petition under title 11, United States Code, or (b) reduces the interest to be paid under
a mortgage in accordance with section 1325 of such title, the Secretary shall pay insurance benefits for the mortgage in 1 of the following manners:
``(I) FULL PAYMENT AND ASSIGNMENT.--The Secretary may pay the insurance benefits for the mortgage, but only upon the assignment, transfer, and delivery to the Secretary of all rights, interest, claims, evidence, and records with respect to the mortgage specified in clauses (i) through (iv) of paragraph (1)(A). The insurance benefits shall be paid in the amount equal to the original principal obligation of the mortgage (with such additions and deductions as the Secretary determines are
appropriate) which was unpaid upon the date of the filing by the mortgagor of the petition under title 11 of the United States Code. Nothing in this clause may be construed to prevent the Secretary from providing insurance under this title for a mortgage that has previously been assigned to the Secretary under this subclause.
``(II) ASSIGNMENT OF UNSECURED CLAIM.--The Secretary may make a partial payment of the insurance benefits for any unsecured claim under the mortgage, but only upon the assignment to the Secretary of any unsecured claim of the mortgagee against the mortgagor or others arising out of such order. Such assignment shall be deemed valid irrespective of whether such claim has been or will be discharged under title 11 of the United States Code. The insurance benefits shall be paid in the amount
specified in subclause (I) of this clause, as such amount is reduced by the amount of the allowed secured claim. Such allowed secured claim shall continue to be insured under section 203.
``(III) INTEREST PAYMENTS.--The Secretary may make periodic payments, or a one-time payment, of insurance benefits for interest payments that are reduced pursuant to such order, as determined by the Secretary, but only upon assignment to the Secretary of all rights and interest related to such payments.
``(ii) DELIVERY OF EVIDENCE OF ENTRY OF ORDER.--Notwithstanding any other provision of this paragraph, no insurance benefits may be paid pursuant to this subparagraph for a mortgage before delivery to the Secretary of evidence of the entry of the order issued pursuant to title 11, United States Code, in a form satisfactory to the Secretary.''; and
(2) in paragraph (5), in the matter preceding subparagraph (A), by inserting after ``section 520, and'' the following: ``, except as provided in paragraph (1)(E),''.
(b) Implementation.--The Secretary of Housing and Urban Development may implement the amendments made by this section through notice or mortgagee letter.
SEC. 513. ADJUSTMENTS AS RESULT OF MODIFICATION OF RURAL SINGLE FAMILY HOUSING LOANS IN BANKRUPTCY.
(a) Guaranteed Rural Housing Loans.--Section 502(h) of the Housing Act of 1949 (42 U.S.C. 1472(h)) is amended--
(1) in paragraph (7)--
(A) in subparagraph (A), by inserting before the semicolon at the end the following: ``, unless the maturity date of the loan is modified in a bankruptcy proceeding or authorized at the discretion of the Secretary in accordance with paragraph (15)(A)''; and
(B) in subparagraph (B), by inserting before the semicolon the following: ``, unless such rate is modified in a bankruptcy proceeding or as provided in paragraph (14) or (15)'';
(2) by redesignating paragraphs (13) and (14) as paragraphs (14) and (15), respectively; and
(3) by inserting after paragraph (12) the following new paragraphs:
``(13) PAYMENT OF LOSSES.--To pay for losses incurred by holders or servicers in the event of a modification pursuant to the authority provided under section 1322(b)(11) of title 11, United States Code, that either (1) determines the amount of an allowed secured claim under a mortgage in accordance with section 506(a)(1) of title 11, United States Code, and the amount of such allowed secured claim is less than the amount due under the mortgage as of the date of the filing of the petition
under title 11, United States Code, or (2) reduces the interest to be paid under a mortgage in accordance with section 1325 of such title, as follows:
``(A) FULL PAYMENT AND ASSIGNMENT.--The Secretary may pay the guarantee for the mortgage, but only upon the assignment, transfer, and delivery to the Secretary of all rights, interest, claims, evidence, and records with respect to the mortgage. The guarantee shall be paid in the amount equal to the original principal obligation of the mortgage (with such additions and deductions as the Secretary determines are appropriate) which was unpaid upon the date of the filing by the mortgagor
of the petition under title 11 of the United States Code. Nothing in this subparagraph may be construed to prevent the Secretary from providing a guarantee under this subsection for a mortgage that has previously been assigned to the Secretary under this subparagraph.
``(B) ASSIGNMENT OF UNSECURED CLAIM.--The Secretary may make a partial payment of the guarantee for any unsecured claim under the mortgage, but only upon the assignment to the Secretary of any unsecured claim of the mortgagee against the mortgagor or others arising out of such order. Such assignment shall be deemed valid irrespective of whether such claim has been or will be discharged under title 11 of the United States Code. The guarantee shall be paid in the amount specified subparagraph
(A), as such amount is reduced by the amount of the allowed secured claim. Such allowed secured claim shall continue to be insured under section 1472 and 1487, without reduction for any amounts modified.
``(C) INTEREST PAYMENTS.--The Secretary may make periodic payments, or a one-time payment, of guarantees for interest payments that are reduced pursuant to such order, as determined by the Secretary, but only upon assignment to the Secretary of all rights and interest related to such payments.
``(D) DELIVERY OF EVIDENCE OF ENTRY OF ORDER.--Notwithstanding any other provision of this section, no guarantees may be paid pursuant to this paragraph for a mortgage before delivery to the Secretary of evidence of the entry of the order issued pursuant to title 11, United States Code, in a form satisfactory to the Secretary.''.
(b) Insured Rural Housing Loans.--Section 517(j) of the Housing Act of 1949 (42 U.S.C. 1487(j)) is amended--
(1) by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively; and
(2) by inserting after paragraph (1) the following new paragraph:
``(2) to pay for losses incurred by holders or servicers in the event of a modification pursuant to a bankruptcy proceeding;''.
(c) Technical Amendments.--Subsection (h) of section 502 of the Housing Act of 1949 (42 U.S.C. 1472(h)) is amended--
(1) in paragraph (5)(A), by striking ``(as defined in paragraph (13)'' and inserting ``(as defined in paragraph (14)''; and
(2) in paragraph (18)(E) (as so redesignated by subsection (a)(2)), by--
(A) striking ``paragraphs (3), (6), (7)(A), (8), and (10)'' and inserting ``paragraphs (3), (6), (7)(A), (8), (10), and (13)''; and
(B) striking ``paragraphs (2) through (13)'' and inserting ``paragraphs (2) through (15)''.
(d) Procedure.--
(1) IN GENERAL.--The promulgation of regulations necessitated and the administration actions required by the amendments made by this section shall be made without regard to--
(A) the notice and comment provisions of section 553 of title 5, United States Code;
(B) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and
(C) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act'').
(2) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.--In carrying out this section, and the amendments made by this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code.


(As printed in the Congressional Record for the Senate on Apr 30, 2009.)
S. Amdt. 1015Merkley, Jeff [D-OR]April 30, 2009Offered on April 30, 2009.

Amendment information not available.

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select this voteS. Amdt. 1016Vitter, David [R-LA]April 30, 2009Failed by roll call vote on May 4, 2009.

To authorize and remove impediments to the repayment of funds received under the Troubled Asset Relief Program.

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select this voteS. Amdt. 1017Vitter, David [R-LA]April 30, 2009Failed by roll call vote on May 4, 2009.

To provide that the primary and foundational responsibility of the Federal Housing Administration shall be to safeguard and preserve the solvency of the Administration.

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select this voteS. Amdt. 1018Dodd, Christopher [D-CT]April 30, 2009Passed by voice vote on May 6, 2009.

In the nature of a substitute.

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select this voteS. Amdt. 1019Corker, Bob [R-TN]April 30, 2009Failed by roll call vote on May 5, 2009.

To address safe harbor for certain servicers.

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select this voteS. Amdt. 1020Grassley, Charles [R-IA]April 30, 2009Passed by voice vote on May 6, 2009.

To enhance the oversight authority of the Comptroller General of the United States with respect to expenditures under the Troubled Asset Relief Program.

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select this voteS. Amdt. 1021Grassley, Charles [R-IA]April 30, 2009Passed by roll call vote on May 6, 2009.

To amend chapter 7 of title 31, United States Code, to provide the Comptroller General additional audit authorities relating to the Board of Governors of the Federal Reserve System, and for other purposes.

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S. Amdt. 1022Casey, Robert [D-PA]April 30, 2009Offered on April 30, 2009.

Amendment information not available.

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S. Amdt. 1023Kohl, Herbert [D-WI]April 30, 2009Offered on April 30, 2009.

Amendment information not available.

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S. Amdt. 1024Kerry, John [D-MA]April 30, 2009Offered on April 30, 2009.

Amendment information not available.

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S. Amdt. 1025Thune, John [R-SD]April 30, 2009Offered on April 30, 2009.

Amendment information not available.

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select this voteS. Amdt. 1026DeMint, Jim [R-SC]April 30, 2009Failed by roll call vote on May 5, 2009.

To prohibit the use of Troubled Asset Relief Program funds for the purchase of common stock, and for other purposes.

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S. Amdt. 1027Isakson, John [R-GA]April 30, 2009Offered on April 30, 2009.

Amendment information not available.

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S. Amdt. 1028Klobuchar, Amy [D-MN]April 30, 2009Offered on April 30, 2009.

Amendment information not available.

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select this voteS. Amdt. 1030Thune, John [R-SD]May 1, 2009Failed by roll call vote on May 5, 2009.

To require the Secretary of the Treasury to use any amounts repaid by a financial institution that is a recipient of assistance under the Troubled Assets Relief Program to reduce the authorization level under the TARP.

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S. Amdt. 1031Schumer, Charles [D-NY]May 1, 2009Withdrawn on May 6, 2009.

To establish a multifamily mortgage resolution program.

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select this voteS. Amdt. 1032Feingold, Russell [D-WI]May 1, 2009Passed by voice vote on May 5, 2009.

To require the Congressional Oversight Panel to submit a special report on farm loan restructuring.

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select this voteS. Amdt. 1033Casey, Robert [D-PA]May 1, 2009Passed by voice vote on May 6, 2009.

To enhance State and local neighborhood stabilization efforts by providing foreclosure prevention assistance to families threatened with foreclosure and permitting Statewide funding competition in minimum allocation States.

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S. Amdt. 1034Ensign, John [R-NV]May 1, 2009Offered on May 1, 2009.

Amendment information not available.

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select this voteS. Amdt. 1035Boxer, Barbara [D-CA]May 1, 2009Passed by voice vote on May 6, 2009.

To require notice to consumers when a mortgage loan has been sold, transferred, or assigned to a third party.

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select this voteS. Amdt. 1036Kerry, John [D-MA]May 1, 2009Passed by roll call vote on May 6, 2009.

To protect the interests of bona fide tenants in the case of any foreclosure on any dwelling or residential real property, and for other purposes.

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S. Amdt. 1037Kohl, Herbert [D-WI]May 1, 2009Offered on May 1, 2009.

Amendment information not available.

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select this voteS. Amdt. 1038Boxer, Barbara [D-CA]May 1, 2009Passed by voice vote on May 5, 2009.

To provide for oversight of a Public-Private Investment Program, and to authorize monies for the Special Inspector General for the Troubled Asset Relief Program to audit and investigate recipients of non-recourse Federal loans under the Public Private Investment Program and the Term Asset Loan Facility.

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select this voteS. Amdt. 1039Reed, John [D-RI]May 1, 2009Passed by voice vote on May 6, 2009.

To address impediments to liquidating warrants, and for other purposes.

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select this voteS. Amdt. 1040Reed, John [D-RI]May 1, 2009Passed by voice vote on May 6, 2009.

To amend the McKinney-Vento Homeless Assistance Act to reauthorize the Act, and for other purposes.

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S. Amdt. 1041Reed, John [D-RI]May 1, 2009Offered on May 1, 2009.

Amendment information not available.

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select this voteS. Amdt. 1042Coburn, Thomas [R-OK]May 5, 2009Offered on May 5, 2009.

To establish a pilot program for the expedited disposal of Federal real property.

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select this voteS. Amdt. 1043Ensign, John [R-NV]May 5, 2009Passed by roll call vote on May 5, 2009.

Of a perfecting nature.

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Total contributions given to Senators from interest groups that…

supported this amendment

$71,176
$71,176
479 times as much
$9,739,054
$2,659,367
$8,705,552
$1,305,583
$3,070,561
$1,445,407
$2,188,147
$4,770,026
$222,314
$34,106,011
1 Organization Supported and 13 Opposed; See Which Ones

Organizations that took a position on
Helping Families Save Their Homes Act of 2009: Durbin Amdt. No. 1014

1 organization supported this amendment

Americans for Fairness in Lending
Americans For Fairness in Lending (2009, February 25). The House of Representatives Is Scheduled to Vote on Court-Supervised Loan Modifications This Week. Retrieved February 26, 2009, from Americans for Fairness in Lending.

13 organizations opposed this amendment

American Bankers Association
Undersigned Organizations (2009, February 24). Letter to House of Representatives. Retrieved March 6, 2009, from ABA.
American Financial Services Association
Undersigned Organizations (2009, February 24). Letter to House of Representatives. Retrieved March 6, 2009, from ABA.
American Insurance Association
Undersigned Organizations (2009, February 24). Letter to House of Representatives. Retrieved March 6, 2009, from ABA.
American Securitization Forum
Undersigned Organizations (2009, February 24). Letter to House of Representatives. Retrieved March 6, 2009, from ABA.
Club for Growth
Club For Growth & (2009, February 25). "NO" on Mortgage Bailout Bill (H.R. 1106). The Club For Growth. Retrieved February 26, 2009, from http://www.clubforgrowth.org/2009/02/key_vote_alert_mortgage_bailou.php.
Consumer Bankers Association
Undersigned Organizations (2009, February 24). Letter to House of Representatives. Retrieved March 6, 2009, from ABA.
Financial Services Roundtable
Undersigned Organizations (2009, February 24). Letter to House of Representatives. Retrieved March 6, 2009, from ABA.
FreedomWorks
Kibbe, Matt & FreedomWorks (2009, February 26). Key Vote “No” H.R. 1106: Helping Families Save Their Homes Act of 2009. Retrieved March 2, 2009, from FreedomWorks: Lower Taxes, Less Government, More Freedom.
Heritage Foundation
Heritage Foundation & Cooper, Rory (2009, February 26). Neighborhood Destabilization Act: H.R. 1106. Retrieved February 26, 2009, from The Heritage Foundation: Leadership for America.
Independent Community Bankers of America
Undersigned Organizations (2009, February 24). Letter to House of Representatives. Retrieved March 6, 2009, from ABA.
Mortgage Bankers Association
Undersigned Organizations (2009, February 24). Letter to House of Representatives. Retrieved March 6, 2009, from ABA.
Securities Industry and Financial Markets Association
Undersigned Organizations (2009, February 24). Letter to House of Representatives. Retrieved March 6, 2009, from ABA.
U.S. Chamber of Commerce
Undersigned Organizations (2009, February 24). Letter to House of Representatives. Retrieved March 6, 2009, from ABA.

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View citations of support and opposition

Includes reported contributions to congressional campaigns of Senators in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2005 – December 31, 2010.
Contributions data source: OpenSecrets.org

Contributions by Legislator

Namesort iconPartyState$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Daniel K. AkakaDHI$0$68,150Yes
Andrew Lamar AlexanderRTN$0$313,600No
John BarrassoRWY$0$116,049No
Max BaucusDMT$0$738,638No
Birch "Evan" BayhDIN$0$375,451Yes
Mark BegichDAK$0$50,425Yes
Michael F. BennetDCO$500$349,308No
Bob BennettRUT$0$471,374No
Jesse "Jeff" BingamanDNM$1,000$92,598Yes
Christopher "Kit" BondRMO$0$65,550No
Barbara BoxerDCA$4,700$210,092Yes
Sherrod BrownDOH$300$271,009Yes
Sam BrownbackRKS$0$11,000No
Jim BunningRKY$0$123,941No
Richard BurrRNC$0$627,435No
Roland BurrisDIL$0$500Yes
Robert ByrdDWV$0$100,150No
Maria CantwellDWA$0$165,551Yes
Ben CardinDMD$0$303,713Yes
Tom CarperDDE$0$496,989No
Bob CaseyDPA$13,750$427,304Yes
Clarence Saxby ChamblissRGA$250$1,027,171No
Tom CoburnROK$0$259,993No
William Thad CochranRMS$0$92,550No
Susan M. CollinsRME$0$428,534No
Gaylord Kent ConradDND$0$419,698Yes
Bob CorkerRTN$0$1,103,727No
John CornynRTX$0$1,071,277No
Mike CrapoRID$0$441,534No
Jim DeMintRSC$0$646,459No
Chris DoddDCT$0$915,100Yes
Byron DorganDND$0$93,300No
Dick DurbinDIL$500$404,025Yes
John EnsignRNV$0$269,111No
Mike EnziRWY$0$196,699No
Russ FeingoldDWI$5,976$133,385Yes
Dianne FeinsteinDCA$0$183,575Yes
Kirsten E. GillibrandDNY$300$663,987Yes
Lindsey GrahamRSC$0$269,103No
Chuck GrassleyRIA$0$383,900No
Judd GreggRNH$0$11,750No
Kay R. HaganDNC$750$204,607Yes
Tom HarkinDIA$900$172,459Yes
Orrin G. HatchRUT$0$357,130No
Kay Bailey HutchisonRTX$500$474,430No
Jim InhofeROK$0$281,081No
Dan InouyeDHI$0$135,274Yes
Johnny IsaksonRGA$0$483,074No
Mike JohannsRNE$0$304,036No
Tim JohnsonDSD$0$736,019No
Ted KaufmanDDE$0$0Yes
Ted KennedyDMA$0$154,450Not Voting
John F. KerryDMA$0$118,632Yes
Amy KlobucharDMN$250$267,774Yes
Herb KohlDWI$0$4,200Yes
Jon KylRAZ$0$959,975No
Mary L. LandrieuDLA$0$359,008No
Frank R. LautenbergDNJ$0$178,825Yes
Patrick J. LeahyDVT$0$53,200Yes
Carl LevinDMI$0$130,568Yes
Joe LiebermanICT$2,000$1,007,455Yes
Blanche LincolnDAR$0$374,881No
Dick LugarRIN$0$131,575No
Mel MartinezRFL$0$194,025No
John McCainRAZ$0$366,418No
Claire McCaskillDMO$3,350$194,752Yes
Addison "Mitch" McConnellRKY$0$1,353,717No
Bob MenéndezDNJ$2,550$534,185Yes
Jeff MerkleyDOR$500$134,800Yes
Barbara A. MikulskiDMD$0$76,215Yes
Lisa MurkowskiRAK$1,250$61,920No
Patty MurrayDWA$0$177,212Yes
Earl "Ben" NelsonDNE$0$589,124No
Clarence "Bill" NelsonDFL$0$459,277Yes
Mark L. PryorDAR$0$269,757No
John "Jack" ReedDRI$4,600$439,321Yes
Harry ReidDNV$0$725,574Yes
Jim RischRID$0$263,406No
Charles "Pat" RobertsRKS$0$516,388No
John "Jay" RockefellerDWV$0$177,700Not Voting
Bernie SandersIVT$2,000$13,565Yes
Chuck SchumerDNY$4,800$687,100Yes
Jeff SessionsRAL$0$303,502Not Voting
Jeanne ShaheenDNH$500$101,272Yes
Richard C. ShelbyRAL$0$677,000No
Olympia J. SnoweRME$0$210,259No
Arlen SpecterDPA$8,600$388,198No
Debbie StabenowDMI$0$342,244Yes
Jon TesterDMT$250$210,824No
John ThuneRSD$0$675,758No
Mark UdallDCO$500$193,424Yes
Tom UdallDNM$0$107,258Yes
David VitterRLA$0$641,026No
George VoinovichROH$0$211,100No
Mark R. WarnerDVA$2,750$546,510Yes
Jim WebbDVA$4,600$145,758Yes
Sheldon WhitehouseDRI$2,000$214,005Yes
Roger F. WickerRMS$0$413,174No
Ron WydenDOR$1,250$207,885Yes

Add Data Filters:

Legislator Filters
Legislator Filters
Show All
NamePartyState$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Daniel K. AkakaDHI$0$68,150Yes
Andrew Lamar AlexanderRTN$0$313,600No
John BarrassoRWY$0$116,049No
Max BaucusDMT$0$738,638No
Birch "Evan" BayhDIN$0$375,451Yes
Mark BegichDAK$0$50,425Yes
Michael F. BennetDCO$500$349,308No
Bob BennettRUT$0$471,374No
Jesse "Jeff" BingamanDNM$1,000$92,598Yes
Christopher "Kit" BondRMO$0$65,550No
Barbara BoxerDCA$4,700$210,092Yes
Sherrod BrownDOH$300$271,009Yes
Sam BrownbackRKS$0$11,000No
Jim BunningRKY$0$123,941No
Richard BurrRNC$0$627,435No
Roland BurrisDIL$0$500Yes
Robert ByrdDWV$0$100,150No
Maria CantwellDWA$0$165,551Yes
Ben CardinDMD$0$303,713Yes
Tom CarperDDE$0$496,989No
Bob CaseyDPA$13,750$427,304Yes
Clarence Saxby ChamblissRGA$250$1,027,171No
Tom CoburnROK$0$259,993No
William Thad CochranRMS$0$92,550No
Susan M. CollinsRME$0$428,534No
Gaylord Kent ConradDND$0$419,698Yes
Bob CorkerRTN$0$1,103,727No
John CornynRTX$0$1,071,277No
Mike CrapoRID$0$441,534No
Jim DeMintRSC$0$646,459No
Chris DoddDCT$0$915,100Yes
Byron DorganDND$0$93,300No
Dick DurbinDIL$500$404,025Yes
John EnsignRNV$0$269,111No
Mike EnziRWY$0$196,699No
Russ FeingoldDWI$5,976$133,385Yes
Dianne FeinsteinDCA$0$183,575Yes
Kirsten E. GillibrandDNY$300$663,987Yes
Lindsey GrahamRSC$0$269,103No
Chuck GrassleyRIA$0$383,900No
Judd GreggRNH$0$11,750No
Kay R. HaganDNC$750$204,607Yes
Tom HarkinDIA$900$172,459Yes
Orrin G. HatchRUT$0$357,130No
Kay Bailey HutchisonRTX$500$474,430No
Jim InhofeROK$0$281,081No
Dan InouyeDHI$0$135,274Yes
Johnny IsaksonRGA$0$483,074No
Mike JohannsRNE$0$304,036No
Tim JohnsonDSD$0$736,019No
Ted KaufmanDDE$0$0Yes
Ted KennedyDMA$0$154,450Not Voting
John F. KerryDMA$0$118,632Yes
Amy KlobucharDMN$250$267,774Yes
Herb KohlDWI$0$4,200Yes
Jon KylRAZ$0$959,975No
Mary L. LandrieuDLA$0$359,008No
Frank R. LautenbergDNJ$0$178,825Yes
Patrick J. LeahyDVT$0$53,200Yes
Carl LevinDMI$0$130,568Yes
Joe LiebermanICT$2,000$1,007,455Yes
Blanche LincolnDAR$0$374,881No
Dick LugarRIN$0$131,575No
Mel MartinezRFL$0$194,025No
John McCainRAZ$0$366,418No
Claire McCaskillDMO$3,350$194,752Yes
Addison "Mitch" McConnellRKY$0$1,353,717No
Bob MenéndezDNJ$2,550$534,185Yes
Jeff MerkleyDOR$500$134,800Yes
Barbara A. MikulskiDMD$0$76,215Yes
Lisa MurkowskiRAK$1,250$61,920No
Patty MurrayDWA$0$177,212Yes
Earl "Ben" NelsonDNE$0$589,124No
Clarence "Bill" NelsonDFL$0$459,277Yes
Mark L. PryorDAR$0$269,757No
John "Jack" ReedDRI$4,600$439,321Yes
Harry ReidDNV$0$725,574Yes
Jim RischRID$0$263,406No
Charles "Pat" RobertsRKS$0$516,388No
John "Jay" RockefellerDWV$0$177,700Not Voting
Bernie SandersIVT$2,000$13,565Yes
Chuck SchumerDNY$4,800$687,100Yes
Jeff SessionsRAL$0$303,502Not Voting
Jeanne ShaheenDNH$500$101,272Yes
Richard C. ShelbyRAL$0$677,000No
Olympia J. SnoweRME$0$210,259No
Arlen SpecterDPA$8,600$388,198No
Debbie StabenowDMI$0$342,244Yes
Jon TesterDMT$250$210,824No
John ThuneRSD$0$675,758No
Mark UdallDCO$500$193,424Yes
Tom UdallDNM$0$107,258Yes
David VitterRLA$0$641,026No
George VoinovichROH$0$211,100No
Mark R. WarnerDVA$2,750$546,510Yes
Jim WebbDVA$4,600$145,758Yes
Sheldon WhitehouseDRI$2,000$214,005Yes
Roger F. WickerRMS$0$413,174No
Ron WydenDOR$1,250$207,885Yes

Interest Groups that supported this amendment

$ Donated
Legal Services$71,176

Interest Groups that opposed this amendment

$ Donated
Commercial banks & bank holding companies$9,739,054
Insurance companies, brokers & agents$8,705,552
Finance, Insurance & Real Estate$4,770,026
Republican/Conservative$3,070,561
Credit agencies & finance companies$2,659,367
Mortgage bankers and brokers$2,188,147
Banks & lending institutions$1,445,407
Securities, commodities & investment$1,305,583
Chambers of commerce$222,314
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