Mortgage E-Verify Act of 2010 - Amends the Federal National Mortgage Association Charter Act and the Federal Home Loan Mortgage Corporation Act to require the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation Act (Freddie Mac) to confirm the identity and work eligibility of the mortgagor as a prerequisite to: (1) any refinancing, restructuring, or modification agreement governing a single-family housing mortgage that is held by, or that backs any security issued by, either Fannie Mae or Freddie Mac; or (2) any purchase of, or issuance of any security that is backed by, any single-family housing mortgage made for the refinancing, restructuring, or modification of the mortgagor's previous single-family housing mortgage on the same property.
Identifies the required inquiry as one made through the basic pilot E-Verify program under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
Amends the National Housing Act to require the Secretary of Housing and Urban Development (HUD) to use the E-Verify program to confirm the identity and work eligibility of the mortgagor as a prerequisite to single-family housing mortgage insurance issued under the Act.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4586 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 4586
To require, as a condition for modification of a home mortgage loan
held by Fannie Mae or Freddie Mac or insured under the National Housing
Act, that the mortgagor be verified under the E-Verify program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 3, 2010
Mr. Marchant (for himself, Mr. McHenry, Mr. Lamborn, Mrs. Lummis, Mr.
Posey, Mr. Hensarling, Mr. Burgess, Mr. King of Iowa, Mr. Bilbray, Mr.
Bishop of Utah, Mr. Campbell, Mr. Gohmert, Mr. Luetkemeyer, Mr. Gingrey
of Georgia, Mr. Pitts, Mr. Roe of Tennessee, Mr. Bartlett, Mr. Fleming,
Mrs. Schmidt, Ms. Granger, Ms. Fallin, Mr. Akin, and Mr. Brady of
Texas) introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To require, as a condition for modification of a home mortgage loan
held by Fannie Mae or Freddie Mac or insured under the National Housing
Act, that the mortgagor be verified under the E-Verify program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mortgage E-Verify Act of 2010''.
SEC. 2. VERIFICATION UNDER E-VERIFICATION PROGRAM.
(a) Fannie Mae.--Subsection (b) of section 302 of the Federal
National Mortgage Association Charter Act (12 U.S.C. 1717(b)) is
amended by adding at the end the following new paragraph:
``(7)(A) Notwithstanding any other provision of law, the
corporation may not--
``(i) refinance, restructure, or modify, or otherwise
authorize or enter into any agreement for the refinancing,
restructuring, or modification of any single-family housing
mortgage that is held by or that backs any security issued by
the corporation, or
``(ii) purchase, or issue any security that is backed by,
any single-family housing mortgage made for the refinancing,
restructuring, or modification of the mortgagor's previous
single-family housing mortgage on the same property,
unless the identity and work eligibility of the mortgagor under
such mortgage has been confirmed by an inquiry under
subparagraph (B).
``(B) An inquiry under this subparagraph is an inquiry made through
the basic pilot program under section 403(a) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note;
commonly referred to as the E-Verify program). Notwithstanding any
other provision of law, lenders for single-family housing mortgages and
the corporation may submit such inquiries regarding the identities and
work eligibility of mortgagors under such mortgages, and may be
provided confirmations and nonconfirmations pursuant to such inquiries,
under such basic pilot program.
``(C) For purposes of this paragraph, the term `single-family
housing mortgage' means a mortgage that is secured by a 1- to 4-family
residence.''.
(b) Freddie Mac.--Subsection (a) of section 305 of the Federal Home
Loan Mortgage Corporation Act (12 U.S.C. 1454(a)) is amended by adding
at the end the following new paragraph:
``(6)(A) Notwithstanding any other provision of law, the
Corporation may not--
``(i) refinance, restructure, or modify, or otherwise
authorize or enter into any agreement for the refinancing,
restructuring, or modification of any single-family housing
mortgage that is held by or that backs any security issued by
the Corporation, or
``(ii) purchase, or issue any security that is backed by,
any single-family housing mortgage made for the refinancing,
restructuring, or modification of the mortgagor's previous
single-family housing mortgage on the same property,
unless the identity and work eligibility of the mortgagor under
such mortgage has been confirmed by an inquiry under
subparagraph (B)
``(B) An inquiry under this subparagraph is an inquiry made through
the basic pilot program under section 403(a) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note;
commonly referred to as the E-Verify program). Notwithstanding any
other provision of law, lenders for single-family housing mortgages and
the Corporation may submit such inquiries regarding the identities and
work eligibility of mortgagors under such mortgages, and may be
provided confirmations and nonconfirmations pursuant to such inquiries,
under such basic pilot program.
``(C) For purposes of this paragraph, the term `single-family
housing mortgage' means a mortgage that is secured by a 1- to 4-family
residence.''.
(c) FHA.--Title II of the National Housing Act (12 U.S.C. 1707 et
seq.) is amended by adding at the end the following new section:
``SEC. 543. E-VERIFICATION REQUIREMENT FOR MODIFICATION OF MORTGAGES.
``(a) Prohibition.--Notwithstanding any other provision of law, the
Secretary may not--
``(1) authorize or enter into any agreement for the
refinancing, restructuring, or modification of any single-
family housing mortgage that is insured by the Secretary under
this Act, or
``(2) insure any single-family housing mortgage made for
the refinancing, restructuring, or modification of the
mortgagor's previous single-family housing mortgage on the same
property,
unless the identity and work eligibility of the mortgagor under such
mortgage has been confirmed by an inquiry under subsection (b).
``(b) E-Verify Inquiries.--An inquiry under this subsection is an
inquiry made through the basic pilot program under section 403(a) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1324a note; commonly referred to as the E-Verify program).
Notwithstanding any other provision of law, lenders for single-family
housing mortgages and the Secretary may submit such inquiries regarding
the identities and work eligibility of mortgagors under such mortgages,
and may be provided confirmations and nonconfirmations pursuant to such
inquiries, under such basic pilot program.
``(c) Single-Family Housing Mortgage.--For purposes of this
paragraph, the term `single-family housing mortgage' means a mortgage
that is secured by a 1- to 4-family residence.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Financial Services.
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