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12 U.S.C. § 4101General prepayment limitation

submitted 36 years ago by Pub. L. 100-242 to r/title-12-BANKS-AND-BANKING · 188 words · no verdicts yet

in plain englishAI-generated · not legal advice

Owners of eligible low-income housing may prepay mortgages, and mortgagees may accept prepayment, only under an approved plan or a specified section. Foreclosure requires transfer of title to the Secretary, and unauthorized prepayments or insurance termination are void.

(a) An eligible low-income housing owner may prepay, and a mortgagee may accept prepayment of, the housing’s mortgage only under a Secretary-approved plan or section 4114. Insurance on such housing may be terminated under section 1715t only under one of those authorities. (b) A mortgagee may foreclose or take a project by deed instead of foreclosure only if it also conveys the project’s title to the Secretary with an insurance-benefit claim. (c) An unauthorized mortgage prepayment or insurance termination is void, and the housing’s low-income affordability restrictions continue.
the actual law source: uscode.house.gov ↗public domain
(a) Prepayment and termination

An owner of eligible low-income housing may prepay, and a mortgagee may accept prepayment of, a mortgage on such housing only in accordance with a plan of action approved by the Secretary under this subchapter or in accordance with section 4114 of this title. An insurance contract with respect to eligible low-income housing may be terminated pursuant to section 1715t of this title only in accordance with a plan of action approved by the Secretary under this subchapter or in accordance with section 4114 of this title.

(b) Foreclosure

A mortgagee may foreclose the mortgage on, or acquire by deed in lieu of foreclosure, any eligible low-income housing project only if the mortgagee also conveys title to the project to the Secretary in connection with a claim for insurance benefits.

(c) Effect of unauthorized prepayment

Any prepayment of a mortgage on eligible low-income housing or termination of the mortgage insurance on such housing not in compliance with the provisions of this subchapter shall be null and void and any low-income affordability restrictions on the housing shall continue to apply to the housing.

Source credit: (Pub. L. 100–242, title II, § 211, as added Pub. L. 101–625, title VI, § 601(a), Nov. 28, 1990, 104 Stat. 4249.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 100-242 · 104 Stat. 4249

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-242 on 1990-11-28.

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