(This measure has not been amended since it was introduced. The summary of has been expanded because action occurred on the measure.)
Preserving Access to Manufactured Housing Act of 2015
(Sec. 2) Amends the Truth in Lending Act to revise the exclusion from the meaning of "mortgage originator" of any employee of a retailer of manufactured homes who does not for compensation or gain take residential mortgage loan applications, for compensation or gain offer or negotiate terms of a residential mortgage loan, or advise a consumer on loan terms (including rates, fees, and other costs).
Excludes from the meaning of "mortgage originator," instead, any retailer of manufactured or modular homes or its employees unless the retailer or its employees receive compensation or gain for engaging in certain activities in excess of any compensation or gain received in a comparable cash transaction.
(Sec. 3) Revises the definition of "high cost mortgage."
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 650 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 650
To amend the Truth in Lending Act to modify the definitions of a
mortgage originator and a high-cost mortgage.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 2, 2015
Mr. Fincher (for himself, Ms. Sewell of Alabama, Mr. Barr, and Ms.
Sinema) introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To amend the Truth in Lending Act to modify the definitions of a
mortgage originator and a high-cost mortgage.
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 ``Preserving Access to Manufactured
Housing Act of 2015''.
SEC. 2. MORTGAGE ORIGINATOR DEFINITION.
Section 103 of the Truth in Lending Act (15 U.S.C. 1602) is
amended--
(1) by redesignating the second subsection (cc) and
subsection (dd) as subsections (dd) and (ee), respectively; and
(2) in paragraph (2)(C) of subsection (dd), as so
redesignated, by striking ``an employee of a retailer of
manufactured homes who is not described in clause (i) or (iii)
of subparagraph (A) and who does not advise a consumer on loan
terms (including rates, fees, and other costs)'' and inserting
``a retailer of manufactured or modular homes or its employees
unless such retailer or its employees receive compensation or
gain for engaging in activities described in subparagraph (A)
that is in excess of any compensation or gain received in a
comparable cash transaction''.
SEC. 3. HIGH-COST MORTGAGE DEFINITION.
Section 103 of the Truth in Lending Act (15 U.S.C. 1602) is
amended--
(1) by redesignating subsection (aa) (relating to
disclosure of greater amount or percentage), as so designated
by section 1100A of the Consumer Financial Protection Act of
2010, as subsection (bb);
(2) by redesignating subsection (bb) (relating to high cost
mortgages), as so designated by section 1100A of the Consumer
Financial Protection Act of 2010, as subsection (aa), and
moving such subsection to immediately follow subsection (z);
and
(3) in subsection (aa)(1)(A), as so redesignated--
(A) in clause (i)(I), by striking ``(8.5 percentage
points, if the dwelling is personal property and the
transaction is for less than $50,000)'' and inserting
``(10 percentage points if the dwelling is personal
property or is a transaction that does not include the
purchase of real property on which a dwelling is to be
placed, and the transaction is for less than $75,000
(as such amount is adjusted by the Bureau to reflect
the change in the Consumer Price Index))''; and
(B) in clause (ii)--
(i) in subclause (I), by striking ``or'' at
the end; and
(ii) by adding at the end the following:
``(III) in the case of a
transaction for less than $75,000 (as
such amount is adjusted by the Bureau
to reflect the change in the Consumer
Price Index) in which the dwelling is
personal property (or is a consumer
credit transaction that does not
include the purchase of real property
on which a dwelling is to be placed)
the greater of 5 percent of the total
transaction amount or $3,000 (as such
amount is adjusted by the Bureau to
reflect the change in the Consumer
Price Index); or''.
<all>
Committee Consideration and Mark-up Session Held.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported by the Yeas and Nays: 43 - 15.
Reported by the Committee on Financial Services. H. Rept. 114-53.
Reported by the Committee on Financial Services. H. Rept. 114-53.
Placed on the Union Calendar, Calendar No. 34.
Rules Committee Resolution H. Res. 189 Reported to House. Resolution provides for consideration of 3 measures: H.R. 650; H.R. 685; and S. Con. Res. 11.
Considered under the provisions of rule H. Res. 189. (consideration: CR H2178-2188)
DEBATE - Pursuant to the provisions of H. Res. 189, the House proceeded with one hour of debate on H. R. 650.
The previous question was ordered pursuant to the rule. (consideration: CR H2188)
POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of Rule 19, further proceedings on H.R. 650 was postponed.
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Considered as unfinished business. (consideration: CR H2194-2197)
Pursuant to clause 1(c) of Rule 19, further proceedings on H.R. 650 resumed.
Ms. Waters, Maxine moved to recommit with instructions to the Committee on Financial Services. (consideration: CR H2194-2196)
DEBATE - The House proceeded with 10 minutes of debate on the Waters motion to recommit with instructions. The instructions contained in the motion seek to report the same back to the House forthwith with an amendment to ensure that the underlying legislation does not benefit lenders or individuals that have engaged in unfair, deceptive, predatory, or abusive lending practices, or have been convicted of mortgage fraud, pending reservation of a point of order. Subsequently, the reservation of a point of order was removed.
On motion to recommit with instructions Failed by the Yeas and Nays: 184 - 239 (Roll no. 150).
Roll Call #150 (House)Passed/agreed to in House: On passage Passed by the Yeas and Nays: 263 - 162 (Roll no. 151).(text: CR H2178)
Roll Call #151 (House)On passage Passed by the Yeas and Nays: 263 - 162 (Roll no. 151). (text: CR H2178)
Roll Call #151 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.