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42 U.S.C. § 12808Second mortgage assistance for first-time homebuyers

submitted 36 years ago by Pub. L. 101-625 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 321 words · no verdicts yet

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This model program gives first-time homebuyers deferred-payment second-mortgage loans. Buyers must also get homeownership counseling before and after purchase. Payment is deferred five years, then repaid over 15 years at 4% interest or more.

(a) In general: The Secretary must offer a model program where local governments give loans, secured by second mortgages, with deferred interest and principal payments, to first-time homebuyers. (b) Homeownership counseling: The program must provide counseling to assisted first-time homebuyers, covering (1) counseling before and after buying the property, (2) help finding suitable, affordable properties, (3) financial management help, (4) help understanding mortgage transactions and sales contracts, and (5) help fixing credit problems that could block the purchase. (c) Eligibility requirements: A deferred second-mortgage loan may be given if (1) the buyer is a first-time homebuyer, (2) the property is a single-family home and the buyer's main residence, and (3) the loan's principal does not exceed 30% of the buyer's purchase price. (d) Payment terms: (1) Period of deferral — principal and interest payments are deferred for at least 5 years starting when the buyer acquires the residence. (2) Interest rate — the rate on the unpaid balance must be at least 4%. (3) Repayment period — the loan is repaid over 15 years, starting when the deferral period ends. (e) Security: A deferred payment loan under this section must be secured by a lien on the property, and that lien must rank below the first mortgage.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The Secretary shall make available a model program under which units of general local government provide loans (secured by second mortgages) with deferred payment of interest and principal to first-time homebuyers.

(b) Homeownership counseling

The program under this section shall provide for homeownership counseling to first-time homebuyers assisted, which shall include—

(1)

counseling before and after purchase of the property;

(2)

assisting first-time homebuyers in identifying the most suitable and affordable properties;

(3)

providing homebuyers with financial management assistance;

(4)

assisting homebuyers in understanding mortgage transactions and home sales contracts; and

(5)

assisting homebuyers with eliminating any credit problems that may prevent the homebuyers from purchasing the property.

(c) Eligibility requirements

Deferred payment loans secured by second mortgages may be provided under the model program under this section if—

(1)

the homebuyer assisted is a first-time homebuyer;

(2)

the property secured by the second mortgage is a single-family residence and is the principal residence of the homebuyer; and

(3)

the principal obligation of the deferred payment loan secured by a second mortgage does not exceed 30 percent of the acquisition price of the residence to the homebuyer.

(d) Payment terms
(1) Period of deferral

The payment of any principal and interest on a loan under this section shall be deferred for not less than the 5-year period beginning on the date of the acquisition of the residence by the homebuyer.

(2) Interest rate

The interest rate on the unpaid balance of a loan under this section shall be at least 4 percent.

(3) Repayment period

A deferred payment loan secured by a second mortgage shall be repayable over the 15-year period beginning at the end of the deferral period.

(e) Security

A deferred payment loan assisted with amount 1 provided under a grant under this section shall be secured by a lien on the property involved, which lien shall be subordinate to the first mortgage on the property.

Source credit: (Pub. L. 101–625, title II, § 258, Nov. 28, 1990, 104 Stat. 4123.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-625 · 104 Stat. 4123

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-625 on 1990-11-28.

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