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-CITE12 USC Sec. 4544
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-EXPCITETITLE 12 - BANKS AND BANKING
CHAPTER 46 - GOVERNMENT SPONSORED ENTERPRISES
SUBCHAPTER I - SUPERVISION AND REGULATION OF ENTERPRISES
Part B - Additional Authorities of the Director
subpart 1 - general authority
-HEADSec. 4544. Annual housing report
-STATUTE(a) In general
After reviewing and analyzing the reports submitted under section
1723a(n) of this title and section 1456(f) of this title, the
Director shall submit a report, not later than October 30 of each
year, to the Committee on Banking, Housing, and Urban Affairs of
the Senate and the Committee on Financial Services of the House of
Representatives, on the activities of each enterprise.
(b) Contents
The report required under subsection (a) shall (1) discuss (A) the extent to and manner in which (i) each enterprise is achieving the annual housing goals
established under subpart 2;
(ii) each enterprise is complying with its duty to serve
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underserved markets, as established under section 4565 of
this title;
(iii) each enterprise is complying with section 4567 of
this title;
(iv) each enterprise received credit towards achieving each
of its goals resulting from a transaction or activity
pursuant to section 4561(b)(2) of this title; and
(v) each enterprise is achieving the purposes of the
enterprise established by law; and
(B) the actions that each enterprise could undertake to
promote and expand the purposes of the enterprise;
(2) aggregate and analyze relevant data on income to assess the
compliance of each enterprise with the housing goals established
under subpart 2;
(3) aggregate and analyze data on income, race, and gender by
census tract and other relevant classifications, and compare such
data with larger demographic, housing, and economic trends;
(4) identify the extent to which each enterprise is involved in
mortgage purchases and secondary market activities involving
subprime and nontraditional loans;
(5) compare the characteristics of subprime and nontraditional
loans both purchased and securitized by each enterprise to other
loans purchased and securitized by each enterprise; and
(6) compare the characteristics of high-cost loans purchased
and securitized, where such securities are not held on portfolio
to loans purchased and securitized, where such securities are
either retained on portfolio or repurchased by the enterprise,
including such characteristics as (A) the purchase price of the property that secures the
mortgage;
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(B) the loan-to-value ratio of the mortgage, which shall
reflect any secondary liens on the relevant property;
(C) the terms of the mortgage;
(D) the creditworthiness of the borrower; and
(E) any other relevant data, as determined by the Director.
(c) Data collection and reporting
(1) In general
To assist the Director in analyzing the matters described in
subsection (b), the Director shall conduct, on a monthly basis, a
survey of mortgage markets in accordance with this subsection.
(2) Data points
Each monthly survey conducted by the Director under paragraph
(1) shall collect data on (A) the characteristics of individual mortgages that are
eligible for purchase by the enterprises and the
characteristics of individual mortgages that are not eligible
for purchase by the enterprises including, in both cases,
information concerning (i) the price of the house that secures the mortgage;
(ii) the loan-to-value ratio of the mortgage, which shall
reflect any secondary liens on the relevant property;
(iii) the terms of the mortgage;
(iv) the creditworthiness of the borrower or borrowers; and
(v) whether the mortgage, in the case of a conforming
mortgage, was purchased by an enterprise;
(B) the characteristics of individual subprime and
nontraditional mortgages that are eligible for purchase by the
enterprises and the characteristics of borrowers under such
mortgages, including the creditworthiness of such borrowers and
determination whether such borrowers would qualify for prime
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lending; and
(C) such other matters as the Director determines to be
appropriate.
(3) Public availability
The Director shall make any data collected by the Director in
connection with the conduct of a monthly survey available to the
public in a timely manner, provided that the Director may modify
the data released to the public to ensure that the data (A) is not released in an identifiable form; and
(B) is not otherwise obtainable from other publicly available
data sets.
(4) Definition
For purposes of this subsection, the term "identifiable form"
means any representation of information that permits the identity
of a borrower to which the information relates to be reasonably
inferred by either direct or indirect means.
-SOURCE(Pub. L. 102-550, title XIII, Sec. 1324, as added Pub. L. 110-289,
div. A, title I, Sec. 1125(b), July 30, 2008, 122 Stat. 2693.)
-MISC1PRIOR PROVISIONS
A prior section 4544, Pub. L. 102-550, title XIII, Sec. 1324,
Oct. 28, 1992, 106 Stat. 3954, related to annual housing report,
prior to repeal by Pub. L. 110-289, div. A, title I, Sec. 1125(a),
July 30, 2008, 122 Stat. 2693.
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