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Record of Proceedings

Public Hearing on Uniform Mortgage Modification Amendment Act of 2026 – September 30, 2026

Council of the District of Columbia — Wednesday, September 30, 2026
BodyWashington, District Of Columbia
SessionCouncil of the District of Columbia
DateWednesday, September 30, 2026
StatusFILED
Video Record
0:00 / 37:23

Transcript — VerbatimClick a line to jump · ⧉ to share it

Speaker numbers apply only to this recording.

Speaker 1

0:02

All righty.

Speaker 2

0:04

Good morning, DC.

Speaker 1

0:07

I'd like to call this public hearing of the Committee on Health to order.

0:10

Today is Thursday, September 30th, 2026.

0:12

The time is 10.04 a.m.

0:14

I'm at large councilmember Christina Henderson, Chair of the Committee on Health.

Unassigned speaker

0:19

We

Speaker 1

0:19

are in room 500 of the John A.

0:21

Wilson building, and this is a hybrid hearing with public witnesses testifying both uh in person and virtually, and our government witnesses testifying in person.

0:29

Today we will consider Bill 26-448, which is before the committee.

0:35

Um, and as just some background as to why folks might be wondering why the Committee on Health is dealing with this legislation.

0:44

Um, we got the jurisdiction for the Department of Insurance Securities and Banking added to our committee in January.

0:51

Bill 26-448, the Uniform Mortgage Modification Amendment Act of 2026 was introduced by Chairman Middlesense at the request of the Uniform Law Commission.

1:02

It would create safe harbors for lenders and borrowers when a mortgage is changed.

Unassigned speaker

1:07

The

Speaker 1

1:08

bill provides continuous security to ensure that mortgage would remain valid after being changed and priority protection allowing the mortgage to maintain its place ahead of other claims or liens.

1:21

Additionally, priority of the loan would be maintained even if the updates are not recorded and would not be considered as a novication or a new agreement.

1:32

Some examples of changes borrowers could pursue are to extend their loans, to request interest reductions, to change insurance or escrow requirements, and modify their payment amount or their payment schedule.

1:46

For the past six years, the DC housing market has experienced an increase in foreclosures.

1:52

As of March of this year, filings across the DC metropolitan area has jumped nearly 13% in comparison with the same time last year in 2025.

2:02

The district was reeling from the impacts to its economy due to the pandemic when it was hit by what used to be called and maybe still might exist, the Department of Government Efficiency, also known as Doge, reduction in federal government jobs last year.

2:18

Far too many district residents are having to make very hard choices, and the decision to keep their home should not be won.

2:25

This bill would create a pathway for homeowners to retain their mortgages during hard times by clarifying that modifications for lenders operating in the district under Disby's regulatory authority.

2:38

It would also limit junior lenders from demanding exorbitant fees to honor loan modification requests by main lenders.

2:45

I look forward to today's conversation.

2:48

And if any of my colleagues join, we'll certainly turn to them for an opening statement.

2:52

I'm gonna go ahead and proceed with our public witnesses.

2:55

We have one public witness testifying if well, that's not entirely accurate.

3:05

So uh Robert Vinson Branham from the DC Federation of Civic Associations.

3:13

Uh Chuck Berger

Unassigned speaker

3:15

is

Speaker 1

3:16

a member of the DC Association of Realtors, and I believe his testimony will be read by Sean Hilgendorf from the DC Realtors Association.

3:26

Patricia Stamper, who's an ANC commissioner.

3:32

Julie Forrester Rogers, Professor of Law at Southern Methodist University.

3:39

And uh Jane Sternecki, who is a legal counsel for the Uniform Law Commission.

3:48

Well, Sean, it seems that you are alone at the table.

3:53

But whenever you're ready.

Speaker 3

3:55

Thank you.

3:56

Uh for the record, my name is Sean Hilmendorf, Vice President of Government Affairs for the DC Association of Realtors.

4:02

Um, today I'm reading the testimony on behalf of Chuck Berger, a member of our public policy committee, who is also a resident of Ward 6 and a realtor with Coldwell Banker Realty license in DC, Maryland, and Virginia.

4:14

So I'll be reading this testimony on his behalf because of a last-minute closing, which is something my members have to adjust to all the time.

4:21

Um as you know, DCAR is the district's state association of realtors and serves as the premier voice of real estate in DC.

4:28

Our mission is to protect and promote the interests of our approximately 2,500 members and their clients who live and work in every ward of this of our city.

4:35

Through our advocacy, we represent real estate professionals, small housing providers, property managers, homeowners, and renters.

4:42

Councilmember Henderson, I want to start by thanking you for holding this hearing and advancing the Uniform Mortgage Modification Act or UMMA.

4:50

I recognize that this may not be the highest profile thing you do this week, and it is not typical work of the health committee.

Unassigned speaker

5:00

Still, we feel this legislation is an important step to allow common loan modifications to move forward without time consuming and expensive paperwork or unnecessary disputes.

Speaker 3

5:07

As realtors, we're focused on advancing policy that not only makes homeownership attainable for more district residents, but also sustainable for the long run.

5:15

That's why we advocate for targeted tax relief and support for lower income homeowners who need property repairs, foreclosure prevention, and other assistance.

5:23

The UMMA furthers those same goals, allowing homeowners to sustain their mortgages and lenders to offer relief through lower interest rates, extended maturity dates, for given debt, or modified insurance requirements.

5:35

We should all want lenders to be able to provide those types of relief as easy as easily as possible.

5:42

Speaking on behalf of Chuck, as a realtor licensed in multiple jurisdictions, I also support broadly adopted uniform legislation wherever possible to ease real estate transactions across state lines.

5:54

The more we can align on non-controversial practices, the easier it is to do business and ultimately to attract new neighbors to the district.

6:02

While this uniform bill was only recently adopted and is still gaining traction around the country, we anticipate that it'll help set a standard that will reduce the legal complexity of our mortgage industry.

6:12

Councilmember Henderson, make no mistake that our housing market is suffering.

6:17

Mortgage rates are increasing again.

6:19

Many properties are sitting on the market due to our shrinking workforce, and inflation is hurting us all.

6:25

We need every tool in our toolbox that both helps struggling homeowners and to make it easier to do business right here in DC.

6:33

We believe this legislation is a small step in that direction, and we urge you to move it forward.

6:38

Thank you, Councilmember Henderson.

Discussion Breakdown — Share of Meeting
Housing█████████████████████████████████████████████52%
Mortgage Modification███████████████████████27%
Procedural█████████10%
Public Engagement███4%
Consumer Protection███4%
Public Health███3%
Summary of Proceedings

Public Hearing on Uniform Mortgage Modification Amendment Act of 2026 – September 30, 2026

Chair Christina Henderson opened the public hearing of the Committee on Health to consider Bill 26-448, the Uniform Mortgage Modification Amendment Act of 2026, which aims to clarify and modernize the law governing mortgage modifications by creating safe harbors for common modifications and ensuring priority protection for lenders and borrowers.

Public Comments & Testimony

  • Sean Hilgendorf (reading testimony for Chuck Berger, DC Association of Realtors) expressed strong support for the bill, stating it is an important step to allow common loan modifications without costly paperwork or disputes. He noted that the housing market is suffering from rising mortgage rates, shrinking workforce, and inflation, and that uniform legislation eases cross-state transactions.
  • Julie Forrester Rogers (Professor of Law, SMU) testified as the reporter for the Uniform Law Commission draft. She explained that the act addresses legal murkiness that often prevents lenders from agreeing to modifications, creating safe harbors for extending maturity, reducing interest rates, capitalizing unpaid interest, and forgiving debt. She stated that modifications not in the safe harbor are left to common law, providing certainty.
  • Jane Sterneck (Legislative Counsel, Uniform Law Commission) supported the bill, noting that modifications outside the safe harbor include releases of collateral, transfers, and changes to borrower/guarantor. She emphasized that the act builds on DC's existing mediation program.
  • Brian Flowers (Member, DC Uniform Law Commission) testified that the district has adopted over 100 uniform acts, and the Uniform Mortgage Modification Act has been enacted in five states and introduced in four more. He highlighted the importance of uniformity in the DMV region.

Government Witness

  • Ben Arnold (Foreclosure Prevention and Mediation Administrator, DISB) voiced strong support for the bill. He reported that DISB prevented 136 foreclosures in FY25, preserving nearly $76 million in home values. He noted that foreclosure filings in the DC metro area jumped nearly 13% compared to 2025. The bill reduces uncertainty, delays, and costs, and provides a uniform interstate framework. He confirmed existing CFPB guidelines for lenders are not contradicted, and that DISB has adequate enforcement powers including civil penalties and license suspension.

Discussion Items

  • Chair Henderson asked about the exclusion of condominium and cooperative housing association dues from the definition of mortgage. Professor Rogers explained that modifications of HOA liens are different because they require consent from other owners, and the act deals only with mortgage priority.
  • Chair asked about recording modifications. Professor Rogers noted that lenders can still require recording, but the act clarifies that failure to record does not affect priority.
  • Chair asked if any tweaks were needed based on other jurisdictions' experience. No issues were reported; the act was finalized in 2024 and is still new.
  • Chair noted the absence of commercial real estate testimony and encouraged written submission.
  • Chair asked about enforcement: Arnold stated DISB uses examination, CFPB complaint portal, and works with other agencies to track foreclosures and compliance.
  • Chair expressed concern that homeowners could lose homes over HOA fees, but clarified the act does not prevent modifications, only addresses priority.

Key Outcomes

  • All witnesses (public and government) supported the bill without suggesting amendments.
  • The hearing record will remain open until 5 p.m. on Wednesday, October 14, 2026, for written testimony.
  • Chair Henderson indicated the committee will work to move the bill forward before the end of the two-year council period.
  • No votes were taken. The hearing adjourned at 10:41 AM.

Meeting Transcript

All righty. Good morning, DC. I'd like to call this public hearing of the Committee on Health to order. Today is Thursday, September 30th, 2026. The time is 10.04 a.m. I'm at large councilmember Christina Henderson, Chair of the Committee on Health. We are in room 500 of the John A. Wilson building, and this is a hybrid hearing with public witnesses testifying both uh in person and virtually, and our government witnesses testifying in person. Today we will consider Bill 26-448, which is before the committee. Um, and as just some background as to why folks might be wondering why the Committee on Health is dealing with this legislation. Um, we got the jurisdiction for the Department of Insurance Securities and Banking added to our committee in January. Bill 26-448, the Uniform Mortgage Modification Amendment Act of 2026 was introduced by Chairman Middlesense at the request of the Uniform Law Commission. It would create safe harbors for lenders and borrowers when a mortgage is changed. The bill provides continuous security to ensure that mortgage would remain valid after being changed and priority protection allowing the mortgage to maintain its place ahead of other claims or liens. Additionally, priority of the loan would be maintained even if the updates are not recorded and would not be considered as a novication or a new agreement. Some examples of changes borrowers could pursue are to extend their loans, to request interest reductions, to change insurance or escrow requirements, and modify their payment amount or their payment schedule. For the past six years, the DC housing market has experienced an increase in foreclosures. As of March of this year, filings across the DC metropolitan area has jumped nearly 13% in comparison with the same time last year in 2025. The district was reeling from the impacts to its economy due to the pandemic when it was hit by what used to be called and maybe still might exist, the Department of Government Efficiency, also known as Doge, reduction in federal government jobs last year. Far too many district residents are having to make very hard choices, and the decision to keep their home should not be won. This bill would create a pathway for homeowners to retain their mortgages during hard times by clarifying that modifications for lenders operating in the district under Disby's regulatory authority. It would also limit junior lenders from demanding exorbitant fees to honor loan modification requests by main lenders. I look forward to today's conversation. And if any of my colleagues join, we'll certainly turn to them for an opening statement. I'm gonna go ahead and proceed with our public witnesses. We have one public witness testifying if well, that's not entirely accurate. So uh Robert Vinson Branham from the DC Federation of Civic Associations. Uh Chuck Berger is a member of the DC Association of Realtors, and I believe his testimony will be read by Sean Hilgendorf from the DC Realtors Association. Patricia Stamper, who's an ANC commissioner. Julie Forrester Rogers, Professor of Law at Southern Methodist University. And uh Jane Sternecki, who is a legal counsel for the Uniform Law Commission. Well, Sean, it seems that you are alone at the table. But whenever you're ready. Thank you. Uh for the record, my name is Sean Hilmendorf, Vice President of Government Affairs for the DC Association of Realtors. Um, today I'm reading the testimony on behalf of Chuck Berger, a member of our public policy committee, who is also a resident of Ward 6 and a realtor with Coldwell Banker Realty license in DC, Maryland, and Virginia. So I'll be reading this testimony on his behalf because of a last-minute closing, which is something my members have to adjust to all the time. Um as you know, DCAR is the district's state association of realtors and serves as the premier voice of real estate in DC. Our mission is to protect and promote the interests of our approximately 2,500 members and their clients who live and work in every ward of this of our city. Through our advocacy, we represent real estate professionals, small housing providers, property managers, homeowners, and renters. Councilmember Henderson, I want to start by thanking you for holding this hearing and advancing the Uniform Mortgage Modification Act or UMMA. I recognize that this may not be the highest profile thing you do this week, and it is not typical work of the health committee. Still, we feel this legislation is an important step to allow common loan modifications to move forward without time consuming and expensive paperwork or unnecessary disputes. As realtors, we're focused on advancing policy that not only makes homeownership attainable for more district residents, but also sustainable for the long run. That's why we advocate for targeted tax relief and support for lower income homeowners who need property repairs, foreclosure prevention, and other assistance. The UMMA furthers those same goals, allowing homeowners to sustain their mortgages and lenders to offer relief through lower interest rates, extended maturity dates, for given debt, or modified insurance requirements.

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