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Bill > S2013


US S2013

Portfolio Lending and Mortgage Access Act


summary

Introduced
10/26/2017
In Committee
10/26/2017
Crossed Over
Passed
Dead
12/31/2018

Introduced Session

115th Congress

Bill Summary

Portfolio Lending and Mortgage Access Act This bill amends the Truth in Lending Act to modify provisions related to residential mortgage loans. In general, a creditor that is a depository institution shall not be subject to suit for violating specified ability-to-pay requirements with respect to a residential mortgage loan if: (1) the creditor has consistently held the loan on its balance sheet, and (2) prepayment penalties associated with the loan comply with specified limitations. Similarly, a mortgage originator shall not be subject to suit for such a violation if: (1) the creditor is a depository institution; and (2) the creditor informs the mortgage originator, which informs the consumer, that the creditor intends to hold the loan on its balance sheet for the life of the loan.

AI Summary

This bill amends the Truth in Lending Act to create a safe harbor from certain ability-to-pay requirements for residential mortgage loans held on the balance sheet of the originating depository institution. Specifically, the bill states that a depository institution shall not be subject to suit for failing to comply with the ability-to-pay requirements if the institution has consistently held the loan on its balance sheet since origination, and the prepayment penalties comply with certain limitations. Additionally, the bill provides a safe harbor for mortgage originators who steer consumers to loans held on the originating depository institution's balance sheet, as long as the originator informs the consumer of the lender's intent to hold the loan.

Committee Categories

Housing and Urban Affairs

Sponsors (1)

Last Action

Read twice and referred to the Committee on Banking, Housing, and Urban Affairs. (on 10/26/2017)

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