ESB 6033 -
By Committee on Financial Institutions & Insurance
ADOPTED 04/09/2009
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 43.320.160 and 2008 c 322 s 1 are each amended to
read as follows:
(1) The ((smart homeownership choices)) prevent or reduce owner-occupied foreclosure program is created in the department to assist
((low-income and moderate-income households, as defined in RCW
84.14.010,)) borrowers facing foreclosure in achieving work-outs, loan
modifications, or other results that keep them in their homes. The
borrowers are households, families, and individuals who are residents
of Washington state, with an emphasis on borrowers with incomes up to
one hundred forty percent of median income level of the county in which
the borrower resides.
(2) The department shall enter into an interagency agreement with
the Washington state housing finance commission to implement and
administer this program with moneys from the account created in RCW
43.320.165. The Washington state housing finance commission will
request funds from the department as needed to implement and operate
the program.
(3) The commission shall, under terms and conditions to be
determined by the commission, in consultation with the department,
assist homeowners who are ((delinquent on their mortgage payments to
bring their mortgage payments current in order to refinance into a
different loan product)) facing foreclosure in achieving work-outs,
loan modifications, or other results that keep them in their homes.
((Financial assistance received by homeowners under this chapter shall
be repaid at the time of refinancing into a different loan product.
Homeowners receiving financial assistance shall also agree to partake
in a residential mortgage counseling program.)) Moneys may also be
used for outreach activities to raise awareness of this program;
creating and maintaining a pool of volunteers consisting of attorneys,
accountants, banking professionals, mortgage brokers, housing
counselors, and other relevant professionals who participate in the
program as needed and without compensation to provide advice and
representation to the borrower in achieving work-outs, loan
modifications, or other results that keep them in their homes; and
administering assignments of volunteers to borrowers in the most
productive manner. Not more than four percent of the total
appropriation for this program may be used for administrative expenses
of the department and the commission.
(4) The commission must provide an annual report to the legislature
at the end of each fiscal year of program operation. The report must
include information ((including the total number of households seeking
help to resolve mortgage delinquency, the number of program
participants that successfully avoided foreclosure, and the number of
program participants who refinanced a home, including information on
the terms of both the new loan product and the product out of which the
homeowner refinanced)) determined by the prevent or reduce owner-occupied foreclosure oversight committee established under section 4 of
this act to be useful in assessing the success of the program. The
commission shall establish and report upon performance measures,
including measures to gauge program efficiency and effectiveness and
customer satisfaction.
(5) For the purposes of this section, "work-out" means an agreement
made between the borrower and the mortgagee or beneficiary under a deed
of trust, or with the authorized agent of the mortgagee or beneficiary,
that results in the borrower's continued residence in the mortgaged
residential property.
Sec. 2 RCW 43.320.165 and 2008 c 322 s 2 are each amended to read
as follows:
The ((smart homeownership choices)) prevent or reduce owner-occupied foreclosure program account is created in the custody of the
state treasurer. All receipts from the appropriation in section 4,
chapter 322, Laws of 2008 as well as receipts from private
contributions and all other sources that are specifically designated
for the ((smart homeownership choices)) prevent or reduce owner-occupied foreclosure program must be deposited into the account.
Expenditures from the account may be used solely for the purpose of
preventing or reducing owner-occupied foreclosures through the ((smart
homeownership choices)) prevent or reduce owner-occupied foreclosure
program as described in RCW 43.320.160. Only the director of the
department or the director's designee may authorize expenditures from
the account. The account is subject to allotment procedures under
chapter 43.88 RCW, but an appropriation is not required for
expenditures.
Sec. 3 RCW 43.320.170 and 2008 c 322 s 3 are each amended to read
as follows:
The Washington state housing finance commission shall ((only))
serve ((low-income)) households, ((as defined in RCW 84.14.010,))
families, and individuals who are residents of Washington state, with
an emphasis on borrowers with incomes up to one hundred forty percent
of the median income level of the county in which the borrower resides,
through the ((smart homeownership choices)) prevent or reduce owner-occupied foreclosure program described in RCW 43.320.160 using state
appropriated general funds in the ((smart homeownership choices))
prevent or reduce owner-occupied foreclosure program account created in
RCW 43.320.165((.)) and contributions from private and other sources
((to the account may be used to serve both low-income and moderate-income households, as defined in RCW 84.14.010, through the smart
homeownership choices program)).
NEW SECTION. Sec. 4 A new section is added to chapter 43.320 RCW
to read as follows:
(1) The housing finance commission shall establish a prevent or
reduce owner-occupied foreclosure oversight committee to consist of:
(a) One member from each of the two largest caucuses of the senate,
appointed by the president of the senate;
(b) One member from each of the two largest caucuses of the house
of representatives, appointed by the speaker of the house of
representatives;
(c) The director of the department of financial institutions as an
ex officio member;
(d) The executive director of the housing finance commission as an
ex officio member;
(e) A representative of the Washington state bar association;
(f) A representative of the office of civil legal aid;
(g) A representative of a banker's association;
(h) A representative of the Washington state board of accountancy;
(i) A representative of community banks;
(j) A representative of mortgage brokers;
(k) A representative of housing counselors; and
(l) A representative of credit unions.
(2) The members of the prevent or reduce owner-occupied foreclosure
oversight committee shall serve without compensation.
(3) The prevent or reduce owner-occupied foreclosure oversight
committee shall serve as the housing finance commission's principal
advisory body on the prevent or reduce owner-occupied foreclosure
program, and must:
(a) Develop criteria for success of the program that may include:
Number of borrowers served; number of work-outs achieved; amount of
homeowner funds received for homeowner stabilization; and number of
volunteer professionals participating;
(b) Periodically evaluate the effectiveness of the program
according to the criteria developed under (a) of this subsection;
(c) Develop and maintain an inventory of state and federal housing
assistance programs directed to stabilize owner-occupied homes; and
(d) Coordinate all state efforts related to prevention or reduction
of owner-occupied foreclosures.
(4) Any of the duties under subsection (3) of this section may be
delegated to the executive director of the housing finance commission.
(5) The prevent or reduce owner-occupied foreclosure oversight
committee shall meet regularly.
(6) The housing finance commission must provide information and
assistance as requested for the prevent or reduce owner-occupied
foreclosure oversight committee to carry out its duties under this
section.
(7) Staff support for the committee must be provided by the housing
finance commission.
NEW SECTION. Sec. 5 The following acts or parts of acts, as now
existing or hereafter amended, are each repealed, effective June 30,
2011:
(1) RCW 43.320.160 (Smart homeownership choices program -- Report)
and section 1 of this act & 2008 c 322 s 1;
(2) RCW 43.320.165 (Smart homeownership choices program account)
and section 2 of this act & 2008 c 322 s 2;
(3) RCW 43.320.170 (Smart homeownership choices program--Expenditures -- Low-income households -- Moderate-income households) and
section 3 of this act & 2008 c 322 s 3; and
(4) Section 4 of this act."
Correct the title.
EFFECT: (1) Modifies the objective of the volunteers from
assisting borrowers in achieving "work-outs" to assisting borrowers in
achieving work-outs, loan modifications, or other results that keep
them in their homes.
(2) Changes the borrowers who are eligible for the assistance from
those with incomes up to and including the county median income level
to those who are residents of Washington state, with an emphasis on
borrowers with incomes up to 140 percent of the county median income
level.
(3) Adds mortgage brokers and housing counselors to the pool of
volunteers. Removes the requirement that accountant volunteers be
certified public accountants.
(4) Removes the program's authority to qualify volunteers as third
parties from whom declarations may be obtained, regarding deeds of
trust requirements.
(5) Adds four members to the oversight committee, including
representatives of community banks, mortgage brokers, housing
counselors, and credit unions.
(6) Establishes representatives from the Washington state bar
association, the office of civil legal aid, a banker's association, and
the state board of accountancy as voting rather than nonvoting members
of the committee.
(7) Repeals the provisions on June 30, 2011.