H.R.3901 - Anti-Predatory Lending Act of 2000106th Congress (1999-2000)
|Sponsor:||Rep. Schakowsky, Janice D. [D-IL-9] (Introduced 03/09/2000)|
|Committees:||House - Banking and Financial Services|
|Latest Action:||House - 03/31/2000 Referred to the Subcommittee on Financial Institutions and Consumer Credit. (All Actions)|
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Summary: H.R.3901 — 106th Congress (1999-2000)All Information (Except Text)
Anti-Predatory Lending Act of 2000 - Amends the Home Mortgage Disclosure Act of 1977 to: (1) mandate itemization and disclosure of the annual percentage rate of mortgage loans and home improvement loans originated by the lending institution grouped according to census tract, income level, racial characteristics, and gender; and (2) proscribe regulatory exemptions of depository institutions from reporting requirements.
Introduced in House (03/09/2000)
(Sec. 2) Makes any existing exemption from Federal reporting requirements relating to banks and banking cease to be effective.
(Sec. 3) Amends the Truth in Lending Act to: (1) set forth the annual percentage rates that define a high-cost mortgage and the attendant rule relating to discount points on such high-cost mortgage; (2) redefine "points and fees" and cite specific exclusions; and (3) include certain mortgage broker intermediaries within the statutory definition of "creditor".
Amends the Home Ownership and Equity Protection Act of 1994 to list proscribed practices for a high-cost mortgage, including: (1) debt acceleration solely at the creditor's discretion; (2) mortgage modification or deferral fees; (3) high-cost mortgage lending in the absence of certification that the borrower has received federally approved counseling on the loan; and (4) mandatory arbitration clause.
(Sec. 4) Amends the Truth in Lending Act to prohibit: (1) prepayment penalties upon a conforming home loan; (2) negative amortization upon such loan; (3) extension of credit without regard to the customer's payment ability; (4) flipping of home loans; (5) encouragement of debtor's default; (6) payments to appraisers by creditors; and (7) financing of credit insurance by creditors.
Declares unenforceable under both Federal and State law any blank items in a conforming home loan document to be filled in after the contract is signed.
Mandates that prior to closing all requisite disclosures be furnished by the creditor in the same language in which negotiations were conducted. Sets forth penalties for noncompliance with conforming home loan requirements. Excludes from participation in mortgage-backed security pools high-cost or conforming home loans that are in violation of this Act.