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12 U.S.C. § 1715z–5 — Purchase of fee simple title from lessors

submitted 92 years ago by Pub. L. 90-448 to r/title-12-BANKS-AND-BANKING · 334 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section authorizes insurance for loans that homeowners use to buy the fee-simple title to the land under their homes. It defines the eligible lender and homeowner and sets limits on the property, amount, term, interest, and other conditions of the loan.

(a) The Secretary may, on terms and conditions the Secretary sets, commit to insure and insure loans made by financial institutions to finance a homeowner's purchase of fee-simple title to the property on which the home sits.

(b) In this section:

(1) “Financial institution” means a lender the Secretary has approved as eligible for insurance under section 1703 of this title, or a mortgagee approved under section 1709(b)(1) of this title.

(2) “Homeowner” means a lessee under a long-term ground lease.

(c) A loan qualifies for insurance only if it:

(1) concerns property containing a dwelling principally designed for one, two, three, or four families;
(2) is no more than the cost of buying the fee-simple title or $10,000 per family unit ($30,000 per family unit if the property is in Hawaii), whichever is less;
(3) is limited so that, when added to the property's outstanding debt as the Secretary determines it, total outstanding debt does not exceed the applicable mortgage limit in section 1709(b);
(4) bears an interest rate agreed on by the mortgagor and mortgagee;
(5) has a maturity acceptable to the Secretary, but no longer than 20 years from the start of loan amortization; and
(6) meets any other terms, conditions, and restrictions the Secretary sets.

(d) Paragraphs (3), (5), (6), (7), (8), and (10) of section 1715k(h) apply to loans insured under this section. For those paragraphs, references to “home improvement loans” and “this subsection” mean loans under this section.

the actual law source: uscode.house.gov ↗public domain
(a) Authorization to insure loans for purpose of financing purchases

The Secretary is authorized, upon such terms and conditions as he may prescribe, to make commitments to insure and to insure loans made by financial institutions for the purpose of financing purchases by homeowners of the fee simple title to property on which their homes are located.

(b) Definitions

As used in this section—

(1)

the term “financial institution” means a lender approved by the Secretary as eligible for insurance under section 1703 of this title or a mortgagee approved under section 1709(b)(1) of this title; and

(2)

the term “homeowner” means a lessee under a long-term ground lease.

(c) Eligibility for insurance

To be eligible for insurance under this section, a loan shall—

(1)

relate to property on which there is located a dwelling designed principally for a one-, two-, three-, or four-family residence;

(2)

not exceed the cost of purchasing the fee simple title, or $10,000 ($30,000, if the property is located in Hawaii) per family unit, whichever is the lesser;

(3)

be limited to an amount which when added to any outstanding indebtedness related to the property (as determined by the Secretary) creates a total outstanding indebtedness which does not exceed the applicable mortgage limit prescribed in section 1709(b) of this title;

(4)

bear interest at such rate as may be agreed upon by the mortgagor and the mortgagee;

(5)

have a maturity satisfactory to the Secretary, but not to exceed twenty years from the beginning of amortization of the loan; and

(6)

comply with such other terms, conditions, and restrictions as the Secretary may prescribe.

(d) Applicability of other provisions of law

The provisions of paragraphs (3), (5), (6), (7), (8), and (10) of section 1715k(h) of this title shall be applicable to loans insured under this section and, as applied to loans insured under this section, references in those paragraphs to “home improvement loans” and “this subsection” shall be construed to refer to loans under this section.

Source credit: (June 27, 1934, ch. 847, title II, § 240, as added Pub. L. 90–448, title III, § 304(a), Aug. 1, 1968, 82 Stat. 507; amended Pub. L. 95–557, title III, § 314, Oct. 31, 1978, 92 Stat. 2099; Pub. L. 96–399, title III, § 333(f), Oct. 8, 1980, 94 Stat. 1653; Pub. L. 98–181, title I [title IV, § 404(b)(13)], Nov. 30, 1983, 97 Stat. 1210; Pub. L. 98–479, title II, § 204(a)(10), Oct. 17, 1984, 98 Stat. 2232.)

history & why it existsrecord from the source credit
  • 1934Enacted · Pub. L. 90-448 · 82 Stat. 507
  • 1978Amended · Pub. L. 95-557 · 92 Stat. 2099
  • 1980Amended · Pub. L. 96-399 · 94 Stat. 1653
  • 1983Amended · Pub. L. 98-181 · 97 Stat. 1210
  • 1984Amended · Pub. L. 98-479 · 98 Stat. 2232

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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