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H.R. 3206·119th Congress·Introduced May 6, 2025

Protecting America's Property Rights Act

IntroducedFinance and Financial SectorMajor
View bill text
Sponsor
Rep. Garbarino, Andrew R. [R-NY-2]
Committees
Financial Services Committee (primary)
Last action
May 6, 2025

Bottom line

This bill mandates the use of state-regulated title protection products by Fannie Mae and Freddie Mac and imposes a capital penalty for non-compliance, aiming to strengthen mortgage market stability and consumer protection.

What it actually does

This bill mandates that Fannie Mae and Freddie Mac (referred to as 'the Enterprises') utilize state-regulated third-party products for managing risks related to title defects and lien enforceability on conventional mortgages they purchase. It also imposes an additional 1.00% capital charge on the unpaid principal balance of any mortgage that does not meet these new requirements, aiming to strengthen financial stability.

Proponents argue

Proponents argue this bill enhances the safety and soundness of the mortgage market by ensuring that title and lien risks are managed through robust, state-regulated products. This approach protects homeowners and the Enterprises from potential losses due to title defects, thereby stabilizing the housing finance system and reducing taxpayer exposure. It also supports the existing state-based regulatory framework for title insurance.

Opponents contend

Opponents might argue that mandating specific third-party products could increase costs for the Enterprises, which may then be passed on to consumers through higher mortgage rates or fees. They might also contend that the 1% capital charge is an arbitrary penalty that could restrict mortgage availability or make certain loans less attractive for purchase by the Enterprises, potentially hindering market liquidity.

The bill is very short and straightforward, allowing for quick comprehension of its core provisions.

Section 2(a), amending 12 U.S.C. 4513b(a)

Requirement for State-Regulated Title and Lien Risk Management

prominently featuredstraightforward

This provision requires Fannie Mae and Freddie Mac (referred to as 'the Enterprises') to manage risks associated with defects in property titles or the enforceability of liens. They must do this by using third-party products that are regulated by either a 'State insurance authority' or a 'State regulator,' as defined in existing federal law. This ensures that the products used for title protection are subject to state oversight.

GroupImpactMechanismScale
GroupFannie Mae and Freddie Mac (Enterprises)ImpactMandates specific risk management practices for conventional mortgages.MechanismAmends existing law to add a new requirement for prudential management.ScaleApplies to all conventional mortgages purchased by the Enterprises.
GroupState insurance authorities and regulatorsImpactReinforces their role in overseeing title protection products.MechanismExplicitly references their regulatory authority.ScaleAffects their oversight of products used in the secondary mortgage market.
GroupTitle insurance companies and other title protection product providersImpactEnsures their products, if used by Enterprises, must be state-regulated.MechanismCreates a preference or requirement for state-regulated products.ScalePotentially impacts market share or operational requirements for these providers.

Supporters argue

Supporters argue this provision strengthens consumer protection and financial stability by ensuring that critical title and lien risk management products are subject to robust state-level regulatory oversight, preventing potential losses from title defects.

Critics contend

Critics might argue that this provision could limit the types of risk management products the Enterprises can use, potentially stifling innovation or increasing costs if non-state-regulated alternatives are more efficient.

Tradeoffs

The provision balances the desire for robust risk management and consumer protection with potential impacts on market flexibility and cost.

Section 2(b)

Capital Surcharge for Mortgages Lacking State-Regulated Title Protection

prominently featuredstraightforward

This subsection directs the Director of the Federal Housing Finance Agency (FHFA) to require Fannie Mae and Freddie Mac to hold an additional 1.00 percent of the unpaid principal balance for any mortgage they purchase that does not comply with the requirement to use state-regulated third-party title protection products. This acts as a financial incentive for the Enterprises to adhere to the new risk management standards.

About this analysis. AI-Generated from the official bill text and available committee reports. Gaps in available data are noted explicitly. Verify important details with the official Congress.gov record.

On this page

  • Executive summary
  • Key provisions
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  • Implementation
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