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12 U.S.C. § 1422Definitions

submitted 94 years ago by ch. 522 to r/title-12-BANKS-AND-BANKING · 618 words · no verdicts yet

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This section defines terms used in the Federal Home Loan Bank chapter. It covers Banks, the Bank System, States, members, home mortgage loans and mortgages, unpaid principal, amortized loans, savings associations, insured institutions, community financial institutions, the Director, and the Agency.

For this chapter: (1)(A) "Federal Home Loan Bank" or "Bank" means a bank established under this chapter. (B) "Federal Home Loan Bank System" means the Federal Home Loan Banks supervised by the Director. (2) "State" includes the United States States, District of Columbia, Guam, Puerto Rico, United States Virgin Islands, American Samoa, and Northern Mariana Islands. (3) "Member" means an institution that subscribed for Federal Home Loan Bank stock. (4) "Home mortgage loan" means a member's loan secured by a home mortgage. (5) "Home mortgage" means a fee-simple real-estate mortgage or a leasehold mortgage under a renewable lease of at least 99 years, or a lease with at least 50 years remaining when the mortgage is made, on real estate containing or comprising one or more homes or dwelling units. The Director may define such homes or units. The term also includes, besides first mortgages, classes of first liens commonly used to secure real-estate advances by institutions authorized to be members under the law of the State where the real estate lies, together with any secured credit instruments. (6) For a home-mortgage-secured loan, "unpaid principal" means principal minus (1) principal payments and (2), when shares or stock secure the loan, payments on those shares or stock plus earnings or dividends credited to them. (7) An amortized or installment home mortgage loan is one repaid in at least eight years through regular weekly, monthly, or quarterly payments directly reducing the debt or paid on pledged stock or shares securing repayment. (8) "Savings association" has the meaning in section 3 of the Federal Deposit Insurance Act. (9) "Insured depository institution" means (A) an insured depository institution as defined in that Act and (B), except in sections 1441a-1 and 1441b, an insured credit union as defined in section 1752. (10)(A) "Community financial institution" means a member whose deposits are insured under the Federal Deposit Insurance Act and whose average total assets, averaged over the three years before the transaction date, are under $1 billion as of that date. (B) The Director annually adjusts the $1 billion limit by any annual percentage increase in the Consumer Price Index for all urban consumers published by the Labor Department. (11) "Director" means the Federal Housing Finance Agency Director. (12) "Agency" means the Federal Housing Finance Agency established under section 4511.
the actual law source: uscode.house.gov ↗public domain

As used in this chapter—

(1)
(A)Bank.—

The term “Federal Home Loan Bank” or “Bank” means a bank established under the authority of this chapter.

(B)Bank system.—

The term “Federal Home Loan Bank System” means the Federal Home Loan Banks under the supervision of the Director.

(2)State.—

The term “State”, in addition to the States of the United States, includes the District of Columbia, Guam, Puerto Rico, the United States Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands.

(3)

The term “member” means any institution which has subscribed for the stock of a Federal Home Loan Bank.

(4)

The term “home mortgage loan” means a loan made by a member upon the security of a home mortgage.

(5)

The term “home mortgage” means a mortgage upon real estate, in fee simple, or on a leasehold (1) under a lease for not less than ninety-nine years which is renewable or (2) under a lease having a period of not less than fifty years to run from the date the mortgage was executed, upon which is located, or which comprises or includes, one or more homes or other dwelling units, all of which may be defined by the Director and shall include, in addition to first mortgages, such classes of first liens as are commonly given to secure advances on real estate by institutions authorized under this chapter to become members, under the laws of the State in which the real estate is located, together with the credit instruments, if any, secured thereby.

(6)

The term “unpaid principal,” when used in respect of a loan secured by a home mortgage means the principal thereof less the sum of (1) payments made on such principal, and (2) in cases where shares or stock are pledged as security for the loan, the payments made on such shares or stock plus earnings or dividends apportioned or credited thereon.

(7)

An “amortized” or “installment” home mortgage loan shall, for the purposes of this chapter, be a home mortgage loan to be repaid or liquidated in not less than eight years by means of regular weekly, monthly, or quarterly payments made directly in reduction of the debt or upon stock or shares pledged as collateral for the repayment of such loan.

(8)Savings association.—

The term “savings association” has the meaning given to such term in section 3 of the Federal Deposit Insurance Act [12 U.S.C. 1813].

(9)Insured depository institution.—

The term “insured depository institution” means—

(A)

an insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act [12 U.S.C. 1813]), and

(B)

except as used in sections 1441a 1 and 1441b of this title, an insured credit union (as defined in section 1752 of this title).

(10)Community financial institution.—
(A)In general.—

The term “community financial institution” means a member—

(i)

the deposits of which are insured under the Federal Deposit Insurance Act [12 U.S.C. 1811 et seq.]; and

(ii)

that has, as of the date of the transaction at issue, less than $1,000,000,000 in average total assets, based on an average of total assets over the 3 years preceding that date.

(B)Adjustments.—

The $1,000,000,000 limit referred to in subparagraph (A)(ii) shall be adjusted annually by the Director, based on the annual percentage increase, if any, in the Consumer Price Index for all urban consumers, as published by the Department of Labor.

(11)Director.—

The term “Director” means the Director of the Federal Housing Finance Agency.

(12)Agency.—

The term “Agency” means the Federal Housing Finance Agency, established under section 4511 of this title.

Source credit: (July 22, 1932, ch. 522, § 2, 47 Stat. 725; June 27, 1934, ch. 847, § 507, 48 Stat. 1264; May 28, 1935, ch. 150, § 1, 49 Stat. 293; July 14, 1952, ch. 723, § 10(c), 66 Stat. 604; Pub. L. 86–70, § 9(a), June 25, 1959, 73 Stat. 142; Pub. L. 86–624, § 5(a), July 12, 1960, 74 Stat. 411; Pub. L. 87–779, § 2(a), Oct. 9, 1962, 76 Stat. 779; Pub. L. 101–73, title VII, §§ 701(a), 710(b)(1), Aug. 9, 1989, 103 Stat. 411, 418; Pub. L. 106–102, title VI, § 602, Nov. 12, 1999, 113 Stat. 1450; Pub. L. 110–289, div. A, title II, §§ 1203, 1204(8), (10), 1211(a), July 30, 2008, 122 Stat. 2785, 2786, 2790.)

history & why it existsrecord from the source credit
  • 1932Enacted · Act of July 22, 1932, ch. 522 · 47 Stat. 725
  • 1934Amended · Act of June 27, 1934, ch. 847 · 48 Stat. 1264
  • 1935Amended · Act of May 28, 1935, ch. 150 · 49 Stat. 293
  • 1952Amended · Act of July 14, 1952, ch. 723 · 66 Stat. 604
  • 1959Amended · Pub. L. 86-70 · 73 Stat. 142
  • 1960Amended · Pub. L. 86-624 · 74 Stat. 411
  • 1962Amended · Pub. L. 87-779 · 76 Stat. 779
  • 1989Amended · Pub. L. 101-73 · 103 Stat. 411, 418
  • 1999Amended · Pub. L. 106-102 · 113 Stat. 1450
  • 2008Amended · Pub. L. 110-289 · 122 Stat. 2785, 2786, 2790

A history note hasn’t been published yet. The record shows enactment by ch. 522 on 1932-07-22.

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