12 U.S.C. § 1749aaa–1 — Premiums and other charges
submitted 92 years ago by Pub. L. 89-754 to r/title-12-BANKS-AND-BANKING · 257 words · no verdicts yet
This section sets the rules for premiums and other charges for mortgage insurance. It caps the regular premium, allows charges for review and inspection, and addresses adjusted premiums and refunds when a mortgage is paid early.
This section sets the rules for premiums and other charges for mortgage insurance. It caps the regular premium, allows charges for review and inspection, and addresses adjusted premiums and refunds when a mortgage is paid early.
The Secretary must set the premium for insurance under this subchapter at no more than 1 percent per year of the principal amount still owed. Late payments and prepayments are not counted in figuring that amount.
The Secretary may also charge and collect amounts that the Secretary considers reasonable for analyzing a proposed project and appraising and inspecting the property and improvements.
If a mortgage insured under this subchapter is paid in full before its maturity date, the Secretary may require the mortgagee to pay an adjusted premium. The Secretary decides what amount is fair. The amount may not be more than the total premiums the mortgagee would have had to pay if the mortgage had remained insured until its maturity date.
When that early payment happens, the Secretary may refund to the mortgagee, for the mortgagor's account, all or a fair portion of the current unearned premiums that had already been paid.
The mortgagee must pay the premiums set under this section either in cash or in debentures. The debentures are obligations of the General Insurance Fund and are accepted at face value plus accrued interest. The Secretary prescribes when and how payment must be made.
The Secretary shall fix premium charges for the insurance of mortgages under this subchapter, but such charges shall not be more than 1 per centum per annum of the amount of the principal obligation of the mortgage outstanding at any time, without taking into account delinquent payments or prepayments. In addition to the premium charge, the Secretary is authorized to charge and collect such amounts as he may deem reasonable for the analysis of a proposed project and the appraisal and inspection of the property and improvements. Where the principal obligation of any mortgage accepted for insurance under this subchapter is paid in full prior to the maturity date, the Secretary is authorized to require the payment by the mortgagee of an adjusted premium charge. This charge shall be in such amount as the Secretary determines to be equitable, but not in excess of the aggregate amount of the premium charges that the mortgagee would otherwise have been required to pay if the mortgage had continued to be insured until the maturity date. Where such prepayment occurs, the Secretary is authorized to refund to the mortgagee for the account of the mortgagor all, or such portion as he shall determine to be equitable, of the current unearned premium charges theretofore paid. Premium charges fixed under this section shall be payable by the mortgagee either in cash, or in debentures which are the obligation of the General Insurance Fund at par plus accrued interest, at such times and in such manner as may be prescribed by the Secretary.
Source credit: (June 27, 1934, ch. 847, title XI, § 1102, as added Pub. L. 89–754, title V, § 502(a), Nov. 3, 1966, 80 Stat. 1275.)
- 1934Enacted · Pub. L. 89-754 · 80 Stat. 1275
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-754 on 1934-06-27.
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