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H. Rept. 114-54 1 (2015-04-06)

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                   114TH CONGRESS                                      REPORT
                      1st Session   HOUSE  OF  REPRESENTATIVES         114-54





                                 MORTGAGE CHOICE ACT OF 2015


                    APRIL 6, 2015.-Committed to the Committee of the Whole House on the State of
                                     the Union and ordered to be printed


                      Mr. HENSARLING,  from the Committee on Financial Services,
                                       submitted the following


                                          REPORT

                                          [To accompany H.R. 685]

                            [Including cost estimate of the Congressional Budget Office]
                     The Committee  on Financial Services, to whom was referred the
                   bill (H.R. 685) to amend the Truth in Lending Act to improve upon
                   the definitions provided for points and fees in connection with a
                   mortgage transaction, having considered the same, report favorably
                   thereon without amendment  and  recommend  that the bill do pass.
                                       PURPOSE  AND  SUMMARY
                     H.R. 685, the the Mortgage Choice Act of 2015, would exclude
                   insurance held in escrow and,  under certain circumstances, fees
                   paid to companies affiliated with the creditor from the costs that
                   are considered when calculating the points and fees limitation for
                   purposes of determining whether  a mortgage can be  a Qualified
                   Mortgage. This bill would direct the Bureau of Consumer Finan-
                   cial Protection (CFPB) to amend its regulations related to Qualified
                   Mortgages to reflect the new exclusions.
                               BACKGROUND   AND NEED  FOR LEGISLATION
                     On January  10, 2013, the CFPB issued its Ability-to-Repay and
                   Qualified Mortgage rule, which implemented sections 1411, 1412
                   and  1414 of the Dodd-Frank  Wall Street Reform  and  Consumer
                   Protection Act (P.L. 111-203). The final rule, which went into effect
                   January  10, 2014, generally requires creditors to make a reason-
                   able, good faith determination of a consumer's ability to repay any
                   consumer  credit transaction secured by a dwelling, but establishes
                   a legal safe harbor from liability under this requirement for Quali-
                   fied Mortgages that are not higher-priced. A mortgage will be
                      49-006

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