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12 U.S.C. § 198Purchase by receiver of property of bank; request to Comptroller

submitted 140 years ago by ch. 28 to r/title-12-BANKS-AND-BANKING · 175 words · no verdicts yet

in plain englishAI-generated · not legal advice

A bank receiver may ask the Comptroller of the Currency for permission to buy property being sold in a lawsuit. This applies when the bank's trust has a legal claim on that property, such as from a mortgage. The receiver must first certify the facts and the property's value to the Comptroller, and request permission to use trust money for the purchase.

Whenever a receiver of a national bank — duly appointed by the Comptroller of the Currency, and who has duly qualified and begun the receiver's duties — decides it is necessary, in order to fully protect and benefit the trust, to protect any equity the trust has in property (real or personal) because of a bond, mortgage, assignment, or other valid legal claim on it, and that property is about to be sold under an execution, foreclosure decree, or other proper court order, the receiver may act. The receiver must certify the facts of the case, along with the receiver's opinion of the property's value and the value of the trust's equity in it, to the Comptroller of the Currency. Along with that certification, the receiver must request the right and authority to use enough of the trust's money to purchase that property at the sale.
the actual law source: uscode.house.gov ↗public domain

Whenever the receiver of any national bank duly appointed by the Comptroller of the Currency, and who shall have duly qualified and entered upon the discharge of his trust, shall find it in his opinion necessary, in order to fully protect and benefit his said trust, to the extent of any and all equities that such trust may have in any property, real or personal, by reason of any bond, mortgage, assignment, or other proper legal claim attaching thereto, and which said property is to be sold under any execution, decree of foreclosure, or proper order of any court of jurisdiction, he may certify the facts in the case, together with his opinion as to the value of the property to be sold, and the value of the equity his said trust may have in the same, to the Comptroller of the Currency, together with a request for the right and authority to use and employ so much of the money of said trust as may be necessary to purchase such property at such sale.

Source credit: (Mar. 29, 1886, ch. 28, § 1, 24 Stat. 8.)

history & why it existsrecord from the source credit
  • 1886Enacted · Act of Mar. 29, 1886, ch. 28 · 24 Stat. 8

A history note hasn’t been published yet. The record shows enactment by ch. 28 on 1886-03-29.

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