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S. 824 112th Congress Senate

Foreclosure Fraud and Homeowner Abuse Prevention Act of 2011

Official title: A bill to provide for enhanced mortgage-backed and asset-backed security investor protections, to prevent foreclosure fraud, and for other purposes.

Introduced: June 8, 2011 See on congress.gov
Housing and Community Development Accounting and auditingAdministrative law and regulatory proceduresBank accounts, deposits, capitalBanking and financial institutions regulation
More subjectsShow fewer subjects
Civil actions and liabilityConsumer creditDepartment of the TreasuryFederal Deposit Insurance Corporation (FDIC)Federal Reserve SystemFraud offenses and financial crimesHousing finance and home ownershipSecuritiesSecurities and Exchange Commission (SEC)
This bill died when the 112th Congress ended
It never became law before the 112th Congress (2011–2012) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 2 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Apr 14, 2011
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Apr 14, 2011
Introduced in Senate
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 Latest action April 14, 2011

Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

 Plain-English summary Congressional Research Service

Foreclosure Fraud and Homeowner Abuse Prevention Act of 2011 - Amends the Trust Indenture Act of 1939 to include within its purview mortgage-backed securities and their servicers.

Imposes upon each servicer of a mortgage-backed security a fiduciary duty, not waivable by an investor, to protect the economic interests of the investors as a whole in an asset-backed security.

Provides for removal of an indenture trustee that is a servicer of mortgage-backed securities if at least 50% of the investors petition the court for such removal.

Authorizes amendment of a pooling and servicing agreement with respect to any mortgage-backed security without the consent of a majority of the security holders if at least 25% of them petition the court for such action. Defines such an agreement as any contract establishing the transaction rights and duties of the parties to a mortgage-backed securitization transaction.

Amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC) to promulgate specified requirements governing mortgage related securities.

Amends the Truth In Lending Act (TILA) to prohibit the servicer of a securitized residential mortgage loan (or an affiliate) from owning or holding any interest in any other residential mortgage loan that is secured by a consensual security interest on the same dwelling or residential real property that is subject to the security interest that secures the securitized residential mortgage loan.

Amends the Real Estate Settlement Procedures Act of 1974 (RESPA) to require all fees charged for a real estate settlement service in connection with a transaction involving a federally related mortgage loan, or incurred in connection with servicing such loan, to be reasonably related to the cost of providing the service.

Sets forth specified prohibitions, restrictions, or requirements for: (1) use of subsidiaries and insourcing, (2) force-placed insurance, (3) disclosures related to insurance coverage information, and (4) loss mitigation.

Amends TILA to: (1) prescribe the treatment of mistaken loan payments during the period that servicing of a loan is in transition, and (2) set limitations upon foreclosure proceedings.

Amends the Fair Debt Collection Practices Act to: (1) bring within its purview a securitized residential mortgage loan and its servicer, and (2) subject to civil liability a debt collector who violates such Act in connection with a debt secured by a consumer's residence.

Directs: (1) federal banking agencies to promulgate independent capital reserve standards for affiliates of mortgage-backed securities servicers, and (2) the SEC to promulgate regulations regarding treatment of delinquent loans.

 Related & companion bills 1
 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 1
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APA
U.S. Congress. (2026). S. 824: Foreclosure Fraud and Homeowner Abuse Prevention Act of 2011. 112th Congress. Open America. https://openamerica.io/bill/112-S-824/
MLA
"S. 824: Foreclosure Fraud and Homeowner Abuse Prevention Act of 2011." 112th Congress, 2026, Open America, https://openamerica.io/bill/112-S-824/.
Bluebook (legal)
S. 824, 112th Cong. (2026), https://openamerica.io/bill/112-S-824/.
Markdown link
[S. 824: Foreclosure Fraud and Homeowner Abuse Prevention Act of 2011](https://openamerica.io/bill/112-S-824/)
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