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May 2006

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Tuesday, May 30, 2006 - Legislation Being Considered to Revitalize Rural Housing

The House of Representatives' Housing Subcommittee has approved HR 5039, the “Saving America's Rural Housing Act of 2006”.  This legislation will allow owners of many older Section 515 rural rental properties to pay off their mortgages early, create a voucher program for tenants, and give Section 515 owners ways to restructure their properties' financing to provide capital for revitalization. The 515 program provides low-interest loans to entities that develop and operate rental properties for low-income rural residents.  The full Committee will consider the legislation in mid-June.  There is no companion as of yet in the Senate.
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Tuesday, May 23, 2006 - House Considers Legislation Dealing with the Section 8 Program

Two pieces of legislation are being considered that deal with Section 8 assisted housing programs. First, legislation has been introduced to extend HUD’s authority to restructure mortgages under the Mark-to-Market program.  Currently, this authority expires on September 30, 2006, but the requirement to reduce rents continues.  IREM is supporting H.R. 5527, which will extend Mark-to-Market authority for five years.  HUD believes an additional 900 properties can be restructured under the program in that time.  IREM is also urging the addition of several provisions in this legislation, including expanding the pool of properties eligible for exception rents, inclusion of properties in disaster areas as eligible for restructuring, and allowing HUD to review early Mark-to-Market deals that were underwritten too tightly, and now face foreclosure.  The House Financial Services Committee is expected to consider the bill in mid-June.

Legislation is also being considered to reform the Section 8 voucher program.  Four years ago the Administration proposed a dramatic reform of vouchers that would block grant the program to housing authorities.  IREM joined many other housing groups to oppose this proposal.  Now, an alternative has been proposed that would make smaller, more reasonable reforms to the program.  These include streamlining physical inspection requirements, and simplifying tenant income verification.   The House Financial Services Committee will consider the bill this month.

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Thursday, May 11, 2006 - Federal Reserve Set to Hold Summer Hearings on Home Equity Lending

The Federal Reserve Board announced its plans to hold public hearings this summer under the Home Ownership and Equity Protection ACT (HOEPA) to discuss the home equity lending market. Four hearings will be held across the country.

The hearings will focus on:
· Predatory lending and the impact of the HOEPA rules and similar state and local laws on the subprime lending market;
· Nontraditional mortgage products and reverse mortgages; and
· The process by which consumers select lenders and loan products in the subprime marketplace.

The hearings are scheduled as follows:

· June 7, 2006 at the Federal Reserve Bank of Chicago, 230 South LaSalle Street, Chicago, Illinois;
· June 9, 2006 at the Federal Reserve Bank of Philadelphia, Ten Independence Mall, Philadelphia, Pennsylvania;
· June 16, 2006 at the Federal Reserve Bank of San Francisco, 101 Market Street, San Francisco, California; and
· July 11, 2006 at the Federal Reserve Bank of Atlanta, 1000 Peachtree Street, N.E., Atlanta, Georgia.

Each hearing is scheduled to run from 8:30 am to 4:00 pm. The Federal Reserve last held hearings under HOEPA in 2000. Those hearings served as the platform for the revisions to Regulation Z that went into effect in 2002.

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Saturday, May 6, 2006 - Anti-Predatory Lending Legislation

Montgomery County, Maryland – Oops!

We are aware that several states, cities and counties are passing anti-predatory legislation but Montgomery County, Maryland really took the cake with theirs.

March 3, 2006

Montgomery County Council approved Bill 36-04 for all loans secured by residential properties to become effective March 8, 2006.  The ordinance limits lenders from charging more than 1.5% for all fees and points including discount, YSP, origination and junk fees.  The ordinance further authorizes the fine for discriminatory lending to be up to $500,000 per violation up from $5,000. What?

March 7, 2006

The day before the March 8, effective date, more than three dozen mortgage lenders and securitizers  vow to completely halt business activity in Montgomery County, Md. No residential loans in Montgomery County.

March 8, 2006

Circuit Court Judge Michael Mason issued an injunction that delays implementation of the anti-discriminatory lending ordinance for four months which was supposed to be instituted today. The temporary injunction was issued pursuant to a lawsuit filed by several mortgage brokers and the American Financial Services Association.

March 14, 2006

The same Montgomery County Council introduced a bill that would repeal the recently enacted portions of the anti-discriminatory lending law. Cant’ sell a house, can’t buy a house, can’t close a loan in the County.  Hmm, I think we better rethink this one.

April 25, 2006

MCC public hearing

Federal Law Update

A Federal predatory lending bill has been the works for several years.  House Financial Services Consumer Credit Subcommittee Chairman Spencer Bachus, R-Ala plans to introduce a national predatory lending bill similar to the anti-predatory lending bill passed by North Carolina in 1999.  It was chosen as a model because compliance has not forced lenders to stop serving subprime borrowers but will probably go further to address liability, arbitration and how to restrict interest rates and fees.

The National bill will include a “Federal Preemption provision” which would be a problem for Montgomery County, Maryland.

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Wednesday, May 3, 2006 - Junk Fax Final Rule Announced

On Wednesday, May 3, 2006, the FCC issued the final rule on the federal Junk Fax Protection Act. While the content of the rule was released earlier, the printing of the final rule reveals the effective date of the regulations to be August 1, 2006. The rules establish a 30 day opt-out request compliance requirement and identify what “cost free” mechanisms fax senders can use for consumers to transmit their opt-out requests. The FCC refused to place a limit on the duration of an opt-out and established that an opt-out request would terminate the existing business relationship exemption even if the parties continued the business relationship. To read the entire rule click here.

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