HR 5553 · 113th Congress · Housing and Community Development
Preventing Improper Foreclosures Act of 2014
Bill Progress
✓
Introduced2
Committee3
House Vote4
Senate5
EnactedLatest: Referred to the House Committee on Financial Services.(2014-09-18)
Plain Language Summary
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Preventing Improper Foreclosures Act of 2014 - Amends the Garn-St Germain Depository Institutions Act of 1982 with respect to the prohibition against exercise of a due-on-sale contract requirement upon certain transfers of property subject to a real property loan. Requires the lender, in the case of such a transfer, to provide the successor homeowner with information about the mortgage loan, including the availability of loan modification options. Requires a lender, with respect to any such transfer not involving a reverse mortgage, to: (1) evaluate the successor homeowner promptly for a loan modification on the same terms as if the successor homeowner had been the original borrower and mortgagor, and (2) perform this evaluation and offer any available loss mitigation before any assumption by the successor homeowner of the obligations under the note. Allows the failure of a lender to comply with such requirements to be asserted as a defense to any judicial or non-judicial foreclosure. Entitles the homeowner to recover statutory damages not to exceed $1,000 per violation, actual damages, costs, and attorney's fees in any successful action the homeowner brings. Amends the…
Summarized by Claude AI · Non-partisan · For informational purposes only