Sec. 2. Safe harbor for certain loans held on portfolio
386 words·~2 min read·
/bill/115/hr/2226/ih/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 129C of the Truth in Lending Act ( 15 U.S.C. 1639c ) is amended by adding at the end the following: A creditor that is a depository institution shall not be subject to suit for failure to comply with subsection (a), (c)(1), or (f)(2) of this section or section 129H with respect to a residential mortgage loan, and the banking regulators shall treat such loan as a qualified mortgage, if— the creditor has, since the origination of the loan, held the loan on the balance sheet of the creditor; and all prepayment penalties with respect to the loan comply with the limitations described under subsection (c)(3).
In the case of a depository institution that transfers a loan originated by that institution to another depository institution by reason of the bankruptcy or failure of the originating depository institution or the purchase of the originating depository institution, the depository institution transferring such loan shall be deemed to have complied with the requirement under subparagraph (A)(i). A mortgage originator shall not be subject to suit for a violation of section 129B(c)(3)(B) for steering a consumer to a residential mortgage loan if— the creditor of such loan is a depository institution and has informed the mortgage originator that the creditor intends to hold the loan on the balance sheet of the creditor for the life of the loan; and the mortgage originator informs the consumer that the creditor intends to hold the loan on the balance sheet of the creditor for the life of the loan.
For purposes of this subsection: The term banking regulators means the Federal banking agencies, the Bureau, and the National Credit Union Administration. The term depository institution has the meaning given that term under section 19(b)(1) of the Federal Reserve Act ( 12 U.S.C. 505(b)(1) ). The term Federal banking agencies has the meaning given that term under section 3 of the Federal Deposit Insurance Act. . Nothing in the amendment made by this Act may be construed as preventing a balloon loan from qualifying for the safe harbor provided under section 129C(j) of the Truth in Lending Act if the balloon loan otherwise meets all of the requirements under such subsection (j), regardless of whether the balloon loan meets the requirements described under clauses
(i)through
(iv)of section 129C(b)(2)(E) of such Act.
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources