12-U.S.C.-1715Z-17
§1715Z-17 – §1715Z-17. Shared Appreciation Mortgages For Single Family Housing
Pathway
Title 12 > Chapter 13 > Subchapter II > Section 1715z-17
Details
- Reference: Section 1715z-17
- Legend: §1715Z-17 – §1715Z-17. Shared Appreciation Mortgages For Single Family Housing
- USCode Year: 2013
Provision Content
(a) One- to four-family dwellings; requirements
Notwithstanding any provision of this subchapter that is inconsistent with this section, the Secretary may insure, under any provision of this subchapter providing for insurance of mortgages on properties upon which there is located a dwelling designed principally for occupancy by one to four families, a mortgage secured by a first lien on such a property or on the stock allocated to a dwelling unit in a residential cooperative housing corporation, which—
(1) provides for the mortgagee to share in a predetermined percentage of the propertys or stocks net appreciated value;
(2) bears interest at a rate which meets criteria prescribed by the Secretary;
(3) provides for amortization over a period of not to exceed 30 years, but the actual term of the mortgage (excluding any refinancing) may be not less than 10 nor more than 30 years, and contains such provisions relating to refinancing of the principal balance of the mortgage and any contingent deferred interest as the Secretary may provide; and
(4) meets such other conditions as the Secretary may require by regulation.
(b) Payment of mortgagees share of net appreciated value; net appreciated value defined
The mortgagees share of a propertys or stocks net appreciated value shall be payable upon sale or transfer (as defined by the Secretary) of the property or stock or payment in full of the mortgage, whichever occurs first. For purposes of this section, the term net appreciated value means the amount by which the sales price of the property or stock (less the mortgagors selling costs) exceeds the value of the property or stock at the time the commitment to insure is issued (with adjustments for capital improvements stipulated in the loan contract). If there has been no sale or transfer at the time the mortgagees share of net appreciated value becomes payable, the sales price for purposes of this section shall be determined by means of an appraisal conducted in accordance with procedures approved by the Secretary and provided for in the mortgage.
(c) Entitlement of mortgagee upon default
In the event of a default, the mortgagee shall be entitled to receive the benefits of insurance in accordance with section 1710(a) of this title, but such insurance benefits shall not include the mortgagees share of net appreciated value. The term original principal obligation of the mortgage as used in section 1710 of this title shall not include the mortgagees share of net appreciated value.
(d) Inapplicability of State constitution, statute, etc., limiting or prohibiting increases in outstanding loan balance
Mortgages insured pursuant to this section which contain provisions for sharing appreciation or which otherwise require or permit increases in the outstanding loan balance which are authorized under this section or under applicable regulations shall not be subject to any State constitution, statute, court decree, common law, rule, or public policy limiting or prohibiting increases in the outstanding loan balance after execution of the mortgage.
(e) Encouraged use of insurance by low and moderate income families
In carrying out the provisions of this section, the Secretary shall encourage the use of insurance under this section by low and moderate income tenants who would otherwise be displaced by the conversion of their rental housing to condominium or cooperative ownership.
(f) Consumer protections and disclosure requirements
The Secretary shall prescribe adequate consumer protections and disclosure requirements with respect to mortgages insured under this section, and may prescribe such other terms and conditions as may be appropriate to carry out the provisions of this section.
(g) Number of mortgages and loans
The aggregate number of mortgages and loans insured under this section and section 1715z–10(c) of this title in any fiscal year may not exceed 10 percent of the aggregate number of mortgages and loans insured by the Secretary under this subchapter during the preceding fiscal year.
(June 27, 1934, ch. 847, title II, §252, as added Pub. L. 98–181, title I [title IV, §444], Nov. 30, 1983, 97 Stat. 1225; amended Pub. L. 100–242, title IV, §415(b)(2), Feb. 5, 1988, 101 Stat. 1907.)
References in Text
Section 1715z–10(c) of this title, referred to in subsec. (g), was repealed by Pub. L. 110–289, div. B, title I, §2120(a)(7), July 30, 2008, 122 Stat. 2835.
Amendments
1988—Subsec. (g). Pub. L. 100–242 struck out reference to section 1715z–16 of this title.
U.S. Encyclopedia of Law Coverage
12-U.S.C.-1715Z-13A in the Legal Encyclopedia: Banking Law
In this entry about 12-U.S.C.-1715Z-13A, find legal reference material, bibliographies and premiere content related to banking law in the American Encyclopedia of Law, presenting a comprehensive view of the United States banking law-specific issues, written by authorities in the field.
12-U.S.C.-1715X in the Legal Encyclopedia: Mortgage
In this entry about 12-U.S.C.-1715X, find legal reference material, bibliographies and premiere content related to mortgage in the American Encyclopedia of Law, presenting a comprehensive view of the United States mortgage-specific issues, written by authorities in the field.
12-U.S.C.-1715V in the Legal Encyclopedia: Housing
In this entry about 12-U.S.C.-1715V, find legal reference material, bibliographies and premiere content related to housing in the American Encyclopedia of Law, presenting a comprehensive view of the United States housing-specific issues, written by authorities in the field.
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