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John Culberson United States Congressman John Culberson 7th District of Texas
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Contact: Communications Director Megan Mitchell
Phone: 202-225-2571
Date: 05/04/09
 
VOTES FOR THE WEEK OF MAY 4-8, 2009
 

H.R. 1728 - Mortgage Reform and Anti-Predatory Lending Act – I supported this bill because it prohibits many of the mortgage lending practices that marked the subprime lending boom. This bill seeks to curb abusive and predatory lending by requiring the licensing and registration of all mortgage lenders and by requiring that lenders establish that borrowers have a “reasonable ability” make payments both during any discount introductory period and after their rates rise to market levels. This bill includes language requiring refinanced loans to have a "net tangible benefit" for borrowers, and it applies legal liability to others who assume ownership of a mortgage, typically known as assignees. CBO estimates that H.R. 1728, as reported from the Financial Services Committee, would authorize appropriations of $419 million over the FY2009-FY2014 period. The bill would also increase mandatory spending by $13 million over five years. Lastly, the bill would increase revenues by $13 million over five years. YES – The bill passed 300-114.

Hensarling Amendment to H.R. 1728 – This amendment strikes provisions in the bill that make mortgage assignees and securitizers liable for deceptive mortgage loan origination practices. These provisions may lead to an explosion in mortgage litigation, ultimately raising mortgage costs and limiting mortgage financing. YES – The amendment failed 171-252.

Price (GA) Amendment to H.R. 1728 - This amendment would delay the enactment of titles I, II, and III of the bill until the Federal Reserve certifies that they will not reduce the availability of increase the price of credit for qualified mortgages. YES – The amendment failed 167-259.

McHenry Amendment to H.R. 1728 – This amendment strikes title III from the underlying legislation. Title III expands the Home Ownership and Equity Protection Act (HOEPA) by revising and enlarging the definition of "high-cost mortgages" to include money loans, construction loans, and open-end loans-none of which are covered under current law. The title also limits late fees on high-cost mortgages, prohibits a creditor from accelerating indebtedness on a high-cost mortgage, and prohibits refinancing into a new high-cost mortgage if there is no net tangible benefit to the consumer. YES – The amendment failed 171-255.

H.Res. 230 - Recognizing the historical significance of the Mexican holiday of Cinco de Mayo - This resolution recognizes the historical struggle for independence and freedom of the Mexican people and calls on the President and the American people to observe Cinco de Mayo with appropriate activities. May 5 is the anniversary of the Mexican Battle of Puebla against the French. H.Res. 230 does not authorize any funds. YES – The resolution passed 395-0.

H.Con.Res. 111 - Recognizing the 61st anniversary of the independence of the State of Israel – I am a cosponsor of this resolution, which congratulates the people of Israel as they celebrate the 61st anniversary of Israel’s independence. H.Con.Res. 11 does not authorize any funds. YES – The resolution passed 394-0.

S. 386 - Fraud Enforcement and Recovery Act of 2009 – I opposed this bill because it authorizes $490 million over 4 years and was considered in the House on the Suspension calendar, which limits debate and prohibits Members from an any amendments to improve the bill. S. 386 expands the definition of financial institution in the federal criminal fraud statue to include mortgage lending businesses which is defined as an organization which finances or refinances any debt secured by an interest in real estate, including private mortgage companies and any subsidiaries of such organizations, and whose activities affect interstate or foreign commerce. This bill is redundant, overreaching, and prosecutors already have all the tools they need to prosecute criminal activity associated with the subprime market and current financial crisis. NO - The bill passed 367-59.

H.Res. 367 - Supporting the goals and ideals of National Train Day (15 minutes) –This bill supports the goals and ideals of National Train Day and recognizes the contribution trains make to the national transportation system. I voted for this bill.

 
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