Title 12Banks and BankingRelease 119-73not60

§4601 Review of Underwriting Guidelines

Title 12 › Chapter 46— GOVERNMENT SPONSORED ENTERPRISES › Subchapter I— SUPERVISION AND REGULATION OF ENTERPRISES › Part C— Miscellaneous Provisions › § 4601

Last updated Apr 3, 2026|Official source

Summary

Each enterprise must study its underwriting rules. The study must check three things: whether the rules stop the enterprise from buying or bundling mortgages for housing in mixed-use areas, urban centers, predominantly minority neighborhoods, and for low- and moderate-income families; whether private mortgage insurers’ rules block those purchases; and what would happen if underwriting allowed a 5 percent or smaller downpayment, let cash on hand be used for downpayments, and accepted borrowers with past delinquencies who show a satisfactory 12-month credit history ending on the mortgage application date. Not later than the expiration of the 1-year period beginning on October 28, 1992, each enterprise must send a report on the study to the Secretary, the Committee on Banking, Finance and Urban Affairs of the House of Representatives, and the Committee on Banking, Housing, and Urban Affairs of the Senate. Each report must include any recommendations for better meeting the housing needs of low- and moderate-income families.

Full Legal Text

Title 12, §4601

Banks and Banking — Source: USLM XML via OLRC

(a)Each of the enterprises shall conduct a study to review the underwriting guidelines of the enterprise. The studies shall examine—
(1)the extent to which the underwriting guidelines prevent or inhibit the purchase or securitization of mortgages for housing located in mixed-use, urban center, and predominantly minority neighborhoods and for housing for low- and moderate-income families;
(2)the standards employed by private mortgage insurers and the extent to which such standards inhibit the purchase and securitization by the enterprises of mortgages described in paragraph (1); and
(3)the implications of implementing underwriting standards that—
(A)establish a downpayment requirement for mortgagors of 5 percent or less;
(B)allow the use of cash on hand as a source for downpayments; and
(C)approve borrowers who have a credit history of delinquencies if the borrower can demonstrate a satisfactory credit history for at least the 12-month period ending on the date of the application for the mortgage.
(b)Not later than the expiration of the 1-year period beginning on October 28, 1992, each enterprise shall submit to the Secretary, the Committee on Banking, Finance and Urban Affairs of the House of Representatives, and the Committee on Banking, Housing, and Urban Affairs of the Senate a report regarding the study conducted by the enterprise under subsection (a). Each report shall include any recommendations of the enterprise for better meeting the housing needs of low- and moderate-income families.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Banking, Finance and Urban Affairs of House of Representatives treated as referring to Committee on Banking and Financial Services of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Banking and Financial Services of House of Representatives abolished and replaced by Committee on Financial Services of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred from Committee on Energy and Commerce of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.

Reference

Citations & Metadata

Citation

12 U.S.C. § 4601

Title 12Banks and Banking

Last Updated

Apr 3, 2026

Release point: 119-73not60