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Title 12, Banks and BankingRelease 119-73not60

§1701p–2 Default and Foreclosure Database

Title 12 › Chapter 13— NATIONAL HOUSING › § 1701p–2

Last updated Apr 3, 2026|Official source

Summary

The Secretary of Housing and Urban Development and the Director of the Bureau must create and keep a public database on foreclosures and loan defaults for one- to four-unit homes. They must work with the federal banking regulators on it. The database can show data by census tract. It must include six kinds of information: the number and percent of loans more than 30 days late, more than 90 days late, properties owned by lenders, loans in foreclosure, loans where the principal is larger than the home’s value, and any other items HUD and the Bureau decide are needed. They must protect people’s privacy and follow federal rules for keeping personal data secure and accurate. They must put in the needed safeguards before sharing data. The database must not be used to promote unfair or unsafe lending or credit practices.

Full Legal Text

Title 12, §1701p–2

Banks and Banking, Source: USLM XML via OLRC

(a)The Secretary of Housing and Urban Development and the Director of the Bureau, in consultation with the Federal agencies responsible for regulation of banking and financial institutions involved in residential mortgage lending and servicing, shall establish and maintain a database of information on foreclosures and defaults on mortgage loans for one- to four-unit residential properties and shall make such information publicly available, subject to subsection (e).
(b)Information in the database may be collected, aggregated, and made available on a census tract basis.
(c)Information collected and made available through the database shall include—
(1)the number and percentage of such mortgage loans that are delinquent by more than 30 days;
(2)the number and percentage of such mortgage loans that are delinquent by more than 90 days;
(3)the number and percentage of such properties that are real estate-owned;
(4)number and percentage of such mortgage loans that are in the foreclosure process;
(5)the number and percentage of such mortgage loans that have an outstanding principal obligation amount that is greater than the value of the property for which the loan was made; and
(6)such other information as the Secretary of Housing and Urban Development and the Director of the Bureau consider appropriate.
(d)Nothing in this section shall be construed to encourage discriminatory or unsound allocation of credit or lending policies or practices.
(e)In establishing and maintaining the database described in subsection (a), the Secretary of Housing and Urban Development and the Director of the Bureau shall—
(1)be subject to the standards applicable to Federal agencies for the protection of the confidentiality of personally identifiable information and for data security and integrity;
(2)implement the necessary measures to conform to the standards for data integrity and security described in paragraph (1); and
(3)collect and make available information under this section, in accordance with paragraphs (5) and (6) of section 5512(c) of this title and the rules prescribed under such paragraphs, in order to protect privacy and confidentiality.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Expand and Preserve Home Ownership Through Counseling Act and also as part of the Mortgage Reform and Anti-Predatory Lending Act and as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act, and not as part of the National Housing Act which comprises this chapter.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the date on which final

Regulations

implementing such section take effect, or on the date that is 18 months after the designated transfer date if such

Regulations

have not been issued by that date, see section 1400(c) of Pub. L. 111–203, set out as an

Effective Date

of 2010 Amendment note under section 1601 of Title 15, Commerce and Trade. Definition of “Bureau” “Bureau” as meaning the Bureau of Consumer Financial Protection established under title X of Pub. L. 111–203, see section 5301 of this title.

Reference

Citations & Metadata

Citation

12 U.S.C. § 1701p–2

Title 12, Banks and Banking

Last Updated

Apr 3, 2026

Release point: 119-73not60