12 U.S.C. § 1735g — Mortgage relief for homeowners who are unemployed as result of closing of Federal installation

(a) Definitions For the purposes of this section— (1) The term “mortgage” means a mortgage which (A) is insured under the National Housing Act , or (B) secures a home loan guaranteed or insured under the Servicemen’s Readjustment Act of 1944 or chapter 37 of title 38. (2) The term “Federal mortgage agency” means— (A) The Secretary of Housing and Urban Development when used in connection with mortgages insured under the National Housing Act, and (B) the Secretary of Veterans Affairs when used in connection with mortgages securing home loans guaranteed or insured under the Servicemen’s Readjustment Act of 1944 or chapter 37 of title 38. (3) The term “distressed mortgagor” means an individual who— (A) was employed by the Federal Government at, or was assigned as a serviceman to, a military base or other Federal installation and whose employment or service at that base or installation was terminated after November 1, 1964 , as the result of the closing (in whole or in part) of that base or installation; and (B) is the owner-occupant of a dwelling situated at or near that base or installation and upon which there is a mortgage securing a loan which is in default because of the inability of that individual to make payments due under that mortgage. (b) Application for, issuance and expiration of certificate of moratorium (1) Any distressed mortgagor, for the purpose of avoiding foreclosure of his mortgage, may apply to the appropriate Federal mortgage agency for a determination that suspension of his obligation to make payments due under that mortgage during a temporary period is necessary in order to avoid that foreclosure. (2) Upon receipt of an application made under this subsection by a distressed mortgagor, the Federal mortgage agency must issue to that mortgagor a certificate of moratorium if it determines, after consultation with the interested mortgagee, that that action is necessary to avoid foreclosure. (3) before the issuance to any distressed mortgagor of a certificate of moratorium under paragraph (2), the Federal mortgage agency, the mortgagor, and the mortgagee must enter into a binding agreement under which— (A) the mortgagor will be required to make payments to that agency, after the expiration of that certificate, in an aggregate amount equal to the amount paid by that agency on behalf of that mortgagor as provided in subsection (c), together with interest thereon at a rate not to exceed the rate provided in the mortgage; the manner and time in which that payments must be made to be determined by the Federal mortgage agency having due regard for the purposes sought to be achieved by this section; and (B) the Federal mortgage agency will be subrogated to the rights of the mortgagee to the extent of payments made pursuant to that certificate, which rights, however, must be subject to the prior right of the mortgagee to receive the full amount payable under the mortgage. (4) Any certificate of moratorium issued under this subsection must expire on whichever of the following dates is the earliest— (A) two years from the date on which that certificate was issued; (B) thirty days after the date on which the mortgagor gives notice in writing to the Federal mortgage agency that he is able to resume his obligation to make payments due under his mortgage; or (C) thirty days after the date on which the Federal mortgage agency determines that the mortgagor to whom that certificate was issued has ceased to be a distressed mortgagor as defined in subsection (a)(3). (c) Notice to mortgagee of assumption of mortgagor’s obligation by agency; amount of payments; suspension of payments by mortgagor; prohibition against further action to enforce or collect payments; liability of mortgagor upon expiration of certificate; notice of expiration of certificate (1) Whenever a Federal mortgage agency issues a certificate of moratorium to any distressed mortgagor about any mortgage, it must transmit to the mortgagee a copy of that certificate, together with a notice stating that, while that certificate is in effect, that agency will assume the obligation of that mortgagor to make payments due under the mortgage. (2) Payments made by any Federal mortgage agency pursuant to a certificate of moratorium issued under this section about the mortgage of any distressed mortgagor may include, in addition to the payments referred to in paragraph (1), an amount equal to the unpaid payments under that mortgage before the issuance of that certificate, plus a reasonable allowance for foreclosure costs actually paid by the mortgagee if a foreclosure action was dismissed as a result of the issuance of a moratorium certificate. Payments by the Federal mortgage agency may also include payments of taxes and insurance premiums on the mortgaged property as deemed necessary when these items are not provided for through payments to a tax and insurance account held by the interested mortgagee. (3) While any certificate of moratorium issued under this section is in effect about the mortgage of any distressed mortgagor, no further payments due under the mortgage must be required of that mortgagor, and no action (legal or otherwise) must be taken or maintained by the mortgagee to enforce or collect that payments. Upon the expiration of that certificate, the mortgagor must again be liable for the payment of all amounts due under the mortgage in accordance with its terms. (4) Each Federal mortgage agency must give prompt notice in writing to the interested mortgagor and mortgagee of the expiration of any certificate of moratorium issued by it under this section. (d) Regulations The Federal mortgage agencies are authorized to issue that individual and joint regulations as may be necessary to carry out this section and to insure the uniform administration of it. (e) Fund for extending financial assistance to distressed mortgagors There must be in the Treasury (1) a fund which must be available to the Secretary of Housing and Urban Development for the purpose of extending financial assistance in behalf of distressed mortgagors as provided in subsection (c) and for paying administrative expenses payincurred in connection with that assistance, and (2) a fund which must be available to the Secretary of Veterans Affairs for the same purpose, except administrative expenses. The capital of each that fund must consist of that sums as may, from time to time, be appropriated to it, and any sums so appropriated must remain available until expended. Receipts arising from the programs of assistance under subsection (c) must be credited to the funds from which that assistance was extended. Moneys in either of that funds not needed for current operations, as determined by the Secretary of Housing and Urban Development, or the Secretary of Veterans Affairs, as the case may be, must be invested in bonds or other obligations of the United States, or paid into the Treasury as miscellaneous receipts.