E-Verify Loan Origination Act of 2010 - Amends the Federal National Mortgage Association Charter Act and the Federal Home Loan Mortgage Corporation Act to prohibit the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation Act (Freddie Mac) from purchasing a single-family housing (1-to-4 family residence) mortgage unless the identity and work eligibility of the mortgagor has been confirmed by an inquiry made through the basic pilot E-Verify program under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Permits the lender, Fannie Mae, and Freddie Mac to submit such inquiries.
Amends the National Housing Act to prohibit the Secretary of Housing and Urban Development (HUD) from insuring any single-family housing mortgage unless the identity and work eligibility of the mortgagor has been confirmed by an inquiry made through the basic pilot E-Verify program. Permits the lender and the Secretary to submit such inquiries.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4744 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 4744
To require, as a condition for purchase of a home mortgage loan by
Fannie Mae or Freddie Mac, and insurance of a home mortgage loan under
the National Housing Act, that the mortgagor be verified under the E-
Verify program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 3, 2010
Mr. Marchant introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To require, as a condition for purchase of a home mortgage loan by
Fannie Mae or Freddie Mac, and insurance of a home mortgage loan 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 ``E-Verify Loan Origination Act of
2010''.
SEC. 2. VERIFICATION OF MORTGAGOR 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, after the date
of the enactment of the E-Verify Loan Origination Act of 2010, the
corporation may not purchase any single-family housing mortgage 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, after the date
of the enactment of the E-Verify Loan Origination Act of 2010, the
Corporation may not purchase any single-family housing mortgage 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 MORTGAGORS.
``(a) Prohibition.--Notwithstanding any other provision of law,
after the date of the enactment of the E-Verify Loan Origination Act of
2010, the Secretary may not newly insure any single-family housing
mortgage 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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