The Helping Families Save Their Homes Act of 2009 ( Pub. L. 111–22 (text) (PDF) ) is an enacted public law in the United States . On May 20, 2009, the Senate bill was signed into law by President Barack Obama . The stated purpose of the act, a product of the 111th United States Congress , was to allow bankruptcy judges to modify mortgages on primary residences, among other purposes; however, that provision was dropped in the Senate and is not included in the version that was eventually signed into law. In addition, the bill amends the Hope for Homeowners Program as well as provide additional provisions to help borrowers avoid foreclosure.
25-601: On May 20, 2009, President Obama signed the Homeless Emergency Assistance and Rapid Transition to Housing ( HEARTH ) Act into law ( Pub. L. 111–22 (text) (PDF) ), reauthorizing HUD 's Homeless Assistance programs. It was included as part of the Helping Families Save Their Homes Act of 2009. The HEARTH Act allows for the prevention of homelessness, rapid re-housing, consolidation of housing programs, and new homeless categories. In
50-490: A bill to become an act, the text must pass through both houses with a majority, then be either signed into law by the president of the United States , be left unsigned for ten days (excluding Sundays) while Congress remains in session, or, if vetoed by the president, receive a congressional override from 2 ⁄ 3 of both houses. In the United States, acts of Congress are designated as either public laws , relating to
75-472: A mortgage holder, whether that mortgage holder is a primary lender or an investor in a mortgage-backed security , with regard to delinquent mortgages on primary residences if the borrower has entered Chapter 13 bankruptcy proceedings. Among other modifications, the bill would allow bankruptcy judges to reduce the principal amount contractually owed by the borrower under the original mortgage. Proponents of cram down, chiefly Democrats, have cited studies saying that
100-602: A resolution, 224–198, which permitted the Speaker of the House to declare the House resolved into the Committee of the Whole House for exclusive consideration of the Helping Families Save Their Homes Act, waiving most points of order against consideration of the bill and all points of order against provisions of the bill. On February 26, the House considered the bill under the provisions of
125-471: Is promulgated , or given the force of law, in one of the following ways: The president promulgates acts of Congress made by the first two methods. If an act is made by the third method, the presiding officer of the house that last reconsidered the act promulgates it. Under the United States Constitution , if the president does not return a bill or resolution to Congress with objections before
150-413: Is a formal written enactment of a legislative body, a stage in the process of legislation . Typically, statutes command or prohibit something, or declare policy . Statutes are laws made by legislative bodies; they are distinguished from case law or precedent , which is decided by courts , regulations issued by government agencies , and oral or customary law . Statutes may originate with
175-542: Is deprecated by some dictionaries and usage authorities. However, the Bluebook requires "Act" to be capitalized when referring to a specific legislative act. The United States Code capitalizes "act". The term "act of Congress" is sometimes used in informal speech to indicate something for which getting permission is burdensome. For example, "It takes an act of Congress to get a building permit in this town." An act adopted by simple majorities in both houses of Congress
200-430: The 111th United States Congress . Public laws are also often abbreviated as Pub. L. No. X–Y. When the legislation of those two kinds are proposed, it is called public bill and private bill respectively. The word "act", as used in the term "act of Congress", is a common, not a proper noun . The capitalization of the word "act" (especially when used standing alone to refer to an act mentioned earlier by its full name)
225-594: The Constitution may be declared unconstitutional by the courts. A judicial declaration that an act of Congress is unconstitutional does not remove the act from the Statutes at Large or the United States Code; rather, it prevents the act from being enforced. However, the act as published in annotated codes and legal databases is marked with annotations indicating that it is no longer good law. Statute A statute
250-448: The Senate. On May 19, the House approved an amended version of S. 896 by a 367–54 vote, with one member voting "present". The Senate promptly approved the House's amendment, and President Obama signed the bill into law the next day. The Helping Families Save Their Homes Act will: H.R. 1106 contains a provision, frequently called " cram down ," which would allow judges to modify the rights of
275-647: The Statute of the International Court of Justice and the Rome Statute of the International Criminal Court . Statute is also another word for law. The term was adapted from England in about the 18th century. In the autonomous communities of Spain , an autonomy statute is a legal document similar to the constitution of a federated state , save that it is enacted by the national legislature, rather than
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#1733085062084300-504: The autonomous community it governs. The autonomy statutes in Spain have the rank of ley orgánica (organic law), a category of special legislation reserved only for the main institutions and issues and mentioned in the constitution (the highest ranking legal instrument in Spain). Leyes orgánicas rank between the constitution and ordinary laws. The name was chosen, among others, to avoid confusion with
325-477: The code will thenceforth reflect the current cumulative state of the statutory law in that jurisdiction. In many nations statutory law is distinguished from and subordinate to constitutional law . The term statute is also used to refer to an International treaty that establishes an institution , such as the Statute of the European Central Bank , a protocol to the international courts as well, such as
350-622: The eighteen months after the bill's signing, HUD must make regulations implementing this new McKinney program. In late 2009, some homeless advocacy organizations, such as the National Coalition for the Homeless , reported and published perceived problems with the HEARTH Act of 2009 as a HUD McKinney-Vento Reauthorization bill, especially with regard to privacy, definitional ineligibility, community roles, and restrictions on eligible activities. In
375-508: The exigencies of the moment. Eventually, persons trying to find the law are forced to sort through an enormous number of statutes enacted at various points in time to determine which portions are still in effect. The solution adopted in many countries is to organize existing statutory law in topical arrangements (or "codified" ) within publications called codes , then ensure that new statutes are consistently drafted so that they add, amend, repeal or move various code sections. In turn, in theory,
400-458: The general public, or private laws , relating to specific institutions or individuals. Since 1957, all Acts of Congress have been designated as "Public Law X–Y" or "Private Law X–Y", where X is the number of the Congress and Y refers to the sequential order of the bill (when it was enacted). For example, P. L. 111–5 ( American Recovery and Reinvestment Act of 2009 ) was the fifth enacted public law of
425-437: The government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications have a habit of starting small but growing rapidly over time, as new statutes are enacted in response to
450-570: The law is accomplished by the president, or the relevant presiding officer in the case of an overridden veto, delivering the act to the archivist of the United States . The archivist provides for its publication as a slip law and in the United States Statutes at Large after receiving the act. Thereafter, the changes are published in the United States Code . Through the process of judicial review , an act of Congress that violates
475-423: The legislative body of a country, state or province, county, or municipality . The word "statute" is derived from the late Latin word "statutum", which means 'law', 'decree'. In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by
500-487: The loss from the loan modification. Opposition to cram down stalled H.R. 1106 and led to the introduction of S.896, which does not include cram down, in its place. Act of Congress#Public law, private law, designation An act of Congress is a statute enacted by the United States Congress . Acts may apply only to individual entities (called private laws ), or to the general public ( public laws ). For
525-444: The provision could have helped 20% of homeowners facing foreclosures stay in their homes. This provision drew extensive criticism because it would have allowed borrowers to abdicate their contractual obligation to repay the full amount of their loan. Many argued that cram down would have made it more costly for other individuals to purchase a home because lenders would have had to increase interest rates and down payments to supplement
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#1733085062084550-413: The resolution passed the previous day, which provided for one hour of general debate. With Rep. José Serrano (D- New York ) designated as chairman of the committee, the House debated the bill for one hour and then left it as unfinished business. On March 5, the House voted to pass the bill, 234–191, with most Democrats supporting the bill and most Republicans opposing it. The engrossed House legislation
575-430: The time limit expires, then the bill automatically becomes an act; however, if the Congress is adjourned at the end of this period, then the bill dies and cannot be reconsidered (see pocket veto ). If the president rejects a bill or resolution while the Congress is in session, a two-thirds vote of both houses of Congress is needed for reconsideration to be successful. Promulgation in the sense of publishing and proclaiming
600-709: The wake of the bursting of the United States housing bubble and the collapse of the American subprime mortgage industry, this bill was introduced by Rep. John Conyers ( D - Michigan ) on February 23, 2009. It was then referred to the House Financial Services Committee , the House Judiciary Committee , and the House Veterans' Affairs Committee . However, on February 25, the House passed
625-477: Was referred to the Senate Committee on Banking, Housing and Urban Affairs on March 11, 2009. Similar legislation, S. 895 and S. 896 were both introduced on April 27, 2009, since then. On May 6, the Senate passed S.896 on a vote of 91–5. The key difference between H.R.1106 and S.896 is that the latter does not include a controversial cram down provision, which failed to garner majority support in
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