I115th CONGRESS1st SessionH. R. 1153IN THE HOUSE OF REPRESENTATIVESFebruary 16, 2017Mr. Huizenga (for himself, Mr. Royce of California, Mr. David Scott of Georgia, Mr. Stivers, Mr. Meeks, and Mr. Joyce of Ohio) introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo amend the Truth in Lending Act to improve upon the definitions provided for points and fees in connection with a mortgage transaction.

1.

Short title

This Act may be cited as the Mortgage Choice Act of 2017.

2.

Definition of points and fees

(a)

Amendment to section 103 of TILA

Section 103(bb)(4) of the Truth in Lending Act (15 U.S.C. 1602(bb)(4)) is amended— (1)by striking paragraph (1)(B) and inserting paragraph (1)(A) and section 129C; (2)in subparagraph (C)— (A)by inserting and insurance after taxes; (B)in clause (ii), by inserting , except as retained by a creditor or its affiliate as a result of their participation in an affiliated business arrangement (as defined in section 2(7) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602(7)) after compensation; and (C)by striking clause (iii) and inserting the following: (iii)the charge is— (I)a bona fide third-party charge not retained by the mortgage originator, creditor, or an affiliate of the creditor or mortgage originator; or (II)a charge set forth in section 106(e)(1);; and (3)in subparagraph (D)— (A)by striking accident,; and (B)by striking or any payments and inserting and any payments. (b)

Amendment to section 129C of TILA

Section 129C of the Truth in Lending Act (15 U.S.C. 1639c) is amended— (1)in subsection (a)(5)(C), by striking 103 and all that follows through or mortgage originator and inserting 103(bb)(4); and (2)in subsection (b)(2)(C)(i), by striking 103 and all that follows through or mortgage originator) and inserting 103(bb)(4).

3.

Rulemaking

Not later than the end of the 90-day period beginning on the date of the enactment of this Act, the Bureau of Consumer Financial Protection shall issue final regulations to carry out the amendments made by this Act, and such regulations shall be effective upon issuance.