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42 U.S.C. § 2362Financing by Commission

submitted 71 years ago by ch. 543 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 429 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Commission may accept mortgage-backed notes as part of the price of residential or commercial property when outside financing on reasonable terms is unavailable. It may also finance certain improvements and sell or service the notes.

(a) If the Commission finds that reasonable financing is unavailable from other sources, it may help sell residential property under this chapter by accepting, as part of the purchase price, notes secured by first mortgages, on terms it considers appropriate. For houses and apartment buildings, the loan term and the percentage of appraised value may not exceed the limits in 12 U.S.C. § 1715n(a). The interest rate must equal the rate, plus any premium and authorized periodic service charge, charged under that provision for similar property when the notes and mortgages take effect. (b) For residential property financed under subsection (a), the Commission may advance money to priority purchasers for needed repairs or for rehabilitating, modernizing, rebuilding, or enlarging single-family and duplex homes. The advances may be added to the mortgage note. (c) If the Commission finds that reasonable financing is unavailable from other sources, it may help sell commercial property under this chapter by accepting, as part of the price, commercial-property notes secured by first mortgages, on terms it considers appropriate. (d) The Commission may sell notes and mortgages acquired under (a) and (c) on terms it sets. Despite other law and without following 41 U.S.C. § 6101, it may set terms for (1) contracts to service acquired notes and mortgages and (2) sales, or contracts to sell, notes and mortgages to a servicer that has a servicing contract with the Commission. For sales under (2), however, the Commission must follow § 6101 unless it decides that doing so is not feasible.
the actual law source: uscode.house.gov ↗public domain
(a) Acceptance of residential property notes

In the event that the Commission finds that financing on reasonable terms is not available from other sources, the Commission may, in order to facilitate the sale of residential property under subchapter IV of this chapter, accept, in partial payment of the purchase price of any such property notes secured by first mortgages on such terms and conditions as the Commission shall deem appropriate. In the case of houses and apartment buildings, the maturity and percentage of appraised value in connection with such notes and mortgages shall not exceed those prescribed under section 1715n(a) of title 12, and the interest rate shall equal the interest rate plus the premium being charged (and any periodic service charge being authorized by the Secretary of Housing and Urban Development for properties of similar character) under section 1715n(a) of title 12, at the effective date of such notes and mortgages.

(b) Advances

In connection with the sale of residential property financed under subsection (a) of this section, the Commission is authorized to make advances for necessary repairs, or for the rehabilitation, modernization, rebuilding or enlargement of single and duplex residential properties to priority purchasers, and to include such advances in the amount of the note secured by the mortgage on such property.

(c) Acceptance of commercial property notes

In the event that the Commission finds that financing on reasonable terms is not available from other sources, the Commission may, in order to facilitate the sale of commercial property under subchapter IV of this chapter, accept, in partial payment of the purchase price of any commercial property notes secured by first mortgages on such terms and conditions as the Commission shall deem appropriate.

(d) Sale of notes and mortgages

The Commission may sell any notes and mortgages acquired under subsections (a) and (c) of this section on terms set by the Commission. Notwithstanding any other provisions of law and without regard to the provisions of section 6101 of title 41, the Commission may, in accordance with such terms and conditions as it may prescribe, (1) enter into contracts for servicing any of the notes and mortgages it has acquired, and (2) sell or enter into contracts to sell to a servicer any notes and mortgages with respect to which a servicing contract has been entered into by the servicer with the Commission: Provided, That with respect to sales of notes and mortgages under (2) the Commission shall comply with section 6101 of title 41 unless it determines that such compliance would not be feasible.

Source credit: (Aug. 4, 1955, ch. 543, ch. 6, § 62, 69 Stat. 478; July 25, 1956, ch. 731, § 2, 70 Stat. 653; Pub. L. 87–719, §§ 15, 16, Sept. 28, 1962, 76 Stat. 665; Pub. L. 90–19, § 11, May 25, 1967, 81 Stat. 23.)

history & why it existsrecord from the source credit
  • 1955Enacted · Act of Aug. 4, 1955, ch. 543 · 69 Stat. 478
  • 1956Amended · Act of July 25, 1956, ch. 731 · 70 Stat. 653
  • 1962Amended · Pub. L. 87-719 · 76 Stat. 665
  • 1967Amended · Pub. L. 90-19 · 81 Stat. 23

A history note hasn’t been published yet. The record shows enactment by ch. 543 on 1955-08-04.

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