12 U.S.C. § 1715z–4 — Modifications in terms of mortgages covering multifamily projects; requests for extensions to cure defaults or for modification of mortgage terms; regulations
submitted 92 years ago by Pub. L. 90-448 to r/title-12-BANKS-AND-BANKING · 216 words · no verdicts yet
The Secretary may approve an extension to cure a default or a change in the terms of a multifamily-housing mortgage only under regulations issued under this section. Those regulations generally require surplus rents and other property income to be held in trust and distributed only with the Secretary's consent.
The Secretary may not consent to a request to extend the time for curing a default under a mortgage covering “multifamily housing,” as the Secretary's regulations define that term, or to change that mortgage's terms, unless the request follows regulations issued under this section. The regulations must generally make the following a condition of approval: during the extension or modification, the mortgagor must hold in trust any rent or other money received from the property that is not needed for the property's actual and necessary operating expenses, including mortgage amortization. The mortgagor may distribute that money only with the Secretary's consent. The Secretary may allow an exception for a case or class of cases if, in the Secretary's judgment, the exception would not endanger the interests of the United States.
The Secretary shall not consent to any request for an extension of the time for curing a default under any mortgage covering multifamily housing, as defined in the regulations of the Secretary, or for a modification of the terms of such mortgage, except in conformity with regulations prescribed by the Secretary in accordance with the provisions of this section. Such regulations shall require, as a condition to the granting of any such request, that, during the period of such extension or modification, any part of the rents or other funds derived by the mortgagor from the property covered by the mortgage which is not required to meet actual and necessary expenses arising in connection with the operation of such property, including amortization charges under the mortgage, be held in trust by the mortgagor and distributed only with the consent of the Secretary; except that the Secretary may provide for the granting of consent to any request for an extension of the time for curing a default under any mortgage covering multifamily housing, or for a modification of the term of such mortgage, without regard to the foregoing requirement, in any case or class of cases in which an exemption from such requirement does not (as determined by the Secretary) jeopardize the interests of the United States.
Source credit: (June 27, 1934, ch. 847, title II, § 239, as added Pub. L. 90–448, title III, § 302, Aug. 1, 1968, 82 Stat. 506; amended Pub. L. 100–242, title IV, § 416(c), Feb. 5, 1988, 101 Stat. 1908.)
- 1934Enacted · Pub. L. 90-448 · 82 Stat. 506
- 1988Amended · Pub. L. 100-242 · 101 Stat. 1908
A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-448 on 1934-06-27.
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