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42 U.S.C. § 4527 — General powers of Secretary

submitted 56 years ago by Pub. L. 91-609 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 315 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary receives specified rulemaking, security-interest, foreclosure, property, and collection powers for this part.

The Secretary has, for this part’s functions and duties, the following additional powers: (1) the functions, powers, duties, and rulemaking authority in section 1749a of title 12, except subsections (c)(2), (c)(4), (d), and (f). However, section 1749a(a)(1) does not apply to functions and duties under section 4520 of this title. (2) Despite other law, for assistance under this part and before or after default, the Secretary may contract to extinguish, upon default, any redemption, equitable, legal, or other right, title, or interest of a private new-community developer or State land-development agency in an instrument held by or for the Secretary to protect United States security interests. (3) The Secretary may foreclose on property, bring an action to protect or enforce a legal, contractual, or other right, and bid for and buy property at a foreclosure or other sale connected with assistance under this part. After acquiring property, the Secretary may complete, administer, remodel, convert, dispose of, lease, or otherwise handle it despite laws governing United States real property. The Secretary may also pursue to final collection, by compromise or otherwise, all claims acquired through security, subrogation, or other rights obtained while administering this part.

the actual law source: uscode.house.gov ↗public domain

In the performance of, and with respect to, the functions, powers, and duties vested in him by this part, the Secretary, in addition to any authority otherwise vested in him, shall—

(1)

have the functions, powers, and duties (including the authority to issue rules and regulations) set forth in section 1749a,1 except subsections (c)(2), (c)(4), (d), and (f), of title 12: Provided, That subsection (a)(1) of section 1749a 1 of title 12 shall not apply with respect to functions, powers, and duties under section 4520 1 of this title;

(2)

have the power, notwithstanding any other provision of law, in connection with any assistance under this part, whether before or after any default, to provide by contract for the extinguishment upon default of any redemption, equitable, legal, or other right, title, or interest of the private new community developer or State land development agency in any mortgage, deed, trust, or other instrument held by or on behalf of the Secretary for the protection of the security interests of the United States; and

(3)

have the power to foreclose on any property or commence any action to protect or enforce any right conferred upon him by law, contract, or other agreement, and bid for and purchase at any foreclosure or other sale any property in connection with which he has provided assistance pursuant to this part. In the event of any such acquisition, the Secretary may, notwithstanding any other provision of law relating to the acquisition, handling, or disposal of real property by the United States, complete, administer, remodel and convert, dispose of, lease, and otherwise deal with, such property. Notwithstanding any other provision of law, the Secretary shall also have power to pursue to final collection by way of compromise or otherwise all claims acquired by him in connection with any security, subrogation, or other rights obtained by him in administering this part.

Source credit: (Pub. L. 91–609, title VII, § 726, Dec. 31, 1970, 84 Stat. 1801.)

history & why it existsrecord from the source credit
  • 1970Enacted · Pub. L. 91-609 · 84 Stat. 1801

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-609 on 1970-12-31.

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