HUD 24 CFR PART 203-2011 SINGLE FAMILY MORTGAGE INSURANCE《独户住房按揭保险》.pdf

1、141 Office of Assistant Secretary for Housing, HUD Pt. 203 shall be determined after accounting for the value of servicing rights gen-erated by making the loan and other income to the mortgagee related to the loan. Fees or costs must be fully docu-mented for each specific loan. (2) Area. For purpose

2、s of this section, an area is: (i) An area used by HUD for purposes of 203.18(a) of this chapter to deter-mine the median 1-family house price for an area; or (ii) The area served by a HUD field office but excluding any area included in paragraph (a)(2)(i) of this section. (3) Mortgage charges. Mort

3、gage charges include any charges under the mortgagees control and not collected for the benefit of third parties. Exam-ples are interest, discount points and origination fees. (4) Interest rate. Whenever a mort-gagee offers a particular interest rate for a mortgage type in an area, it may not restri

4、ct the availability of the rate in the area on the basis of the principal amount of the mortgage. A mortgagee may not direct mortgage applicants to any specific interest rate category on the basis of mortgage size. (5) Mortgage charge rate. The mort-gage charge rate is defined as the amount of mortg

5、age charges for a mortgage expressed as a percentage of the initial principal amount of the mortgage. (6) Determining excess variations. Vari-ation in mortgage charge rates for a mortgage type is determined by com-paring all mortgage charge rates of-fered by the mortgagee within an area for the mort

6、gage type for a designated day or other time period, including mortgage charge rates for all actual mortgage applications. (7) Mortgage type. A mortgage type for purposes of paragraph (a)(6) of this section will include those mortgages that are closely parallel in important characteristics affecting

7、 pricing and charges, such as level of risk or proc-essing expenses. The Secretary may de-velop standards and definitions regard-ing mortgage types. (8) Recordkeeping. Mortgagees are re-quired to maintain records on pricing information, satisfactory to the Sec-retary, that would allow for reasonable

8、 inspection by HUD for a period of at least 2 years. Additionally, many mort-gagees are required to maintain racial, ethnic, and gender data under the regu-lations implementing the Home Mort-gage Disclosure Act (12 U.S.C. 2801 2810). (b) Servicing. Any mortgagee that services mortgages must be appro

9、ved by the Secretary under 202.6, 202.7 or 202.10, or be specifically approved for servicing under 202.9(a). (c) Report and corrective plan require-ments. If a mortgagee approved for par-ticipation in Title II programs is noti-fied by the Secretary that it had a rate of defaults and claims on HUD-in

10、sured mortgages during the preceding year, or during recent years, which was high-er than the normal rate, it shall sub-mit a report, within 60 days, con-taining an explanation for the above- normal rate of defaults and claims, and, if required by the Secretary, a plan for corrective action with reg

11、ard to mortgages in default and its mort-gage processing system in general. 62 FR 20082, Apr. 24, 1997, as amended at 75 FR 20734, Apr. 20, 2010 PART 203SINGLE FAMILY MORTGAGE INSURANCE Subpart AEligibility Requirements and Underwriting Procedures DIRECT ENDORSEMENT, LENDER INSURANCE, AND COMMITMENT

12、S Sec. 203.1 Underwriting procedures. 203.3 Approval of mortgagees for Direct En-dorsement. 203.4 Approval of mortgagees for Lender In-surance. 203.5 Direct Endorsement process. 203.6 Lender Insurance process. 203.7 Commitment process. MISCELLANEOUS REGULATIONS 203.9 Disclosure regarding interest du

13、e upon mortgage prepayment. 203.10 Informed consumer choice for pro-spective FHA mortgagors. 203.12 Mortgage insurance on proposed or new construction. 203.14 Builders warranty. 203.15 Certification of appraisal amount. 203.16 Certificate and contract regarding use of dwelling for transient or hotel

14、 pur-poses. VerDate Mar2010 10:21 May 10, 2011 Jkt 223078 PO 00000 Frm 00151 Fmt 8010 Sfmt 8010 Y:SGML223078.XXX 223078WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-142 24 CFR Ch. II (4111 Edition) Pt. 203 20

15、3.16a Mortgagor and mortgagee require-ment for maintaining flood insurance coverage. ELIGIBLE MORTGAGES 203.17 Mortgage provisions. 203.18 Maximum mortgage amounts. 203.18a Solar energy system. 203.18b Increased mortgage amount. 203.18c One-time or up-front mortgage in-surance premium excluded from

16、limita-tions on maximum mortgage amounts. 203.18d Minimum principal loan amount. 203.19 Reserved 203.20 Agreed interest rate. 203.21 Amortization provisions. 203.22 Payment of insurance premiums or charges; prepayment privilege. 203.23 Mortgagors payments to include other charges. 203.24 Application

17、 of payments. 203.25 Late charge. 203.26 Mortgagors payments when mort-gage is executed. 203.27 Charges, fees or discounts. 203.28 Economic soundness of projects. 203.29 Eligible mortgages in Alaska, Guam, Hawaii, or the Virgin Islands. 203.30 Certificate of nondiscrimination by mortgagor. 203.31 Mo

18、rtgagor of a principal residence in military service cases. ELIGIBLE MORTGAGORS 203.32 Mortgage lien. 203.33 Relationship of income to mortgage payments. 203.34 Credit standing. 203.35 Disclosure and verification of Social Security and Employer Identification Numbers. 203.36 Reserved ELIGIBLE PROPER

19、TIES 203.37 Nature of title to realty. 203.37a Sale of property. 203.38 Location of dwelling. 203.39 Standards for buildings. 203.40 Location of property. 203.41 Free assumability; exceptions. 203.42 Rental properties. 203.43 Eligibility of miscellaneous type mortgages. 203.43a Eligibility of mortga

20、ges covering housing in certain neighborhoods. 203.43b Reserved 203.43c Eligibility of mortgages involving a dwelling unit in a cooperative housing development. 203.43d Eligibility of mortgages in certain communities. 203.43e Eligibility of mortgages covering houses in federally impacted areas. 203.

21、43f Eligibility of mortgages covering manufactured homes. 203.43g Eligibility of mortgages in certain communities. 203.43h Eligibility of mortgages on Indian land insured pursuant to section 248 of the National Housing Act. 203.43i Eligibility of mortgages on Hawaiian Home Lands insured pursuant to

22、section 247 of the National Housing Act. 203.43j Eligibility of mortgages on Allegany Reservation of Seneca Nation of Indians. 203.44 Eligibility of advances. 203.45 Eligibility of graduated payment mortgages. 203.47 Eligibility of growing equity mort-gages. 203.49 Eligibility of adjustable rate mor

23、t-gages. 203.50 Eligibility of rehabilitation loans. 203.51 Applicability. 203.52 Acceptance of individual residential water purification equipment. INSURED TEN-YEAR PROTECTION PLANS (PLAN) 203.200 Definitions. 203.201 Scope. 203.202 Plan acceptability and acceptance renewal criteriageneral. 203.203

24、 Issuance and nature of insured 10 year protection plans. 203.204 Requirements and limitations of a plan. 203.205 Plan coverage. 203.206 Housing performance standards or criteria. 203.207 Designated area. 203.208 Insurance backing criteria. 203.209 Payments under a plan. EFFECTIVE DATE 203.249 Effec

25、t of amendments. Subpart BContract Rights and Obligations DEFINITIONS 203.251 Definitions. ENDORSEMENT AND CONTRACT OF INSURANCE 203.255 Insurance of mortgage. 203.256 Insurance of open-end advance. 203.257 Creation of the contract. 203.258 Substitute mortgagors. MORTGAGE INSURANCE PREMIUMSIN GENERA

26、L 203.259 Method of payment of MIP. 203.259a Scope. MORTGAGE INSURANCE PREMIUMSPERIODIC PAYMENT 203.260 Amount of mortgage insurance pre-mium (periodic MIP). 203.261 Calculation of periodic MIP. 203.262 Due date of periodic MIP. 203.264 Payment of periodic MIP. VerDate Mar2010 10:21 May 10, 2011 Jkt

27、 223078 PO 00000 Frm 00152 Fmt 8010 Sfmt 8010 Y:SGML223078.XXX 223078WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-143 Office of Assistant Secretary for Housing, HUD Pt. 203 203.265 Mortgagees late charge and

28、 inter-est. 203.266 Period covered by periodic MIP. 203.267 Duration of periodic MIP. 203.268 Pro rata payment of periodic MIP. 203.269 Method of payment of periodic MIP. OPEN-END INSURANCE CHARGESALL MORTGAGES 203.270 Open-end insurance charges. MORTGAGE INSURANCE PREMIUMSONE-TIME PAYMENT 203.280 O

29、ne-time or Up-front MIP. 203.281 Calculation of one-time MIP. 203.282 Mortgagees late charge and inter-est. 203.283 Refund of one-time MIP. CALCULATION OF MORTGAGE INSURANCE PREMIUM ON OR AFTER JULY 1, 1991 203.284 Calculation of up-front and annual MIP on or after July 1, 1991. 203.285 Fifteen-year

30、 mortgages: Calculation of up-front and annual MIP on or after December 26, 1992. ADJUSTED MORTGAGE INSURANCE PREMIUM 203.288 Discontinuance of adjusted premium charge. VOLUNTARY TERMINATION 203.295 Voluntary termination. TERMINATION OF INSURANCE CONTRACT 203.315 Termination by conveyance to other t

31、han Commissioner. 203.316 Termination by prepayment of mort-gage. 203.317 Termination by voluntary agree-ment. 203.318 Notice of termination by mortgagee. 203.319 Pro rata payment of premiums and charges. 203.320 Notice and date of termination by Commissioner. 203.321 Effect of termination. DEFAULT

32、UNDER MORTGAGE 203.330 Definition of delinquency and re-quirement for notice of delinquency to HUD. 203.331 Definition of default, date of default, and requirement of notice of default to HUD. 203.332 Reserved 203.333 Reinstatement of defaulted mort-gage. CONTINUATION OF INSURANCE 203.340 Special fo

33、rbearance. 203.341 Partial claim. 203.342 Mortgage modification. 203.343 Partial release, addition or substi-tution of security. FOREBEARANCE RELIEF FOR MILITARY PERSONNEL 203.345 Postponement of principal pay-mentsmortgagors in military service. 203.346 Postponement of foreclosuremort-gagors in mil

34、itary service. ASSIGNMENT OF MORTGAGE 203.350 Assignment of mortgage. 203.351 Application for insurance benefits and fiscal data. 203.353 Certification by mortgagee. CLAIM PROCEDURE 203.355 Acquisition of property. 203.356 Notice of foreclosure and pre-fore-closure sale; reasonable diligence re-quir

35、ements. 203.357 Deed in lieu of foreclosure. 203.358 Direct conveyance of property. 203.359 Time of conveyance to the Sec-retary. 203.360 Notice of property transfer or pre- foreclosure sale and application for in-surance benefits. 203.361 Acceptance of property by Commis-sioner. 203.362 Conditions

36、for withdrawal of appli-cation for insurance benefits. 203.363 Effect of noncompliance with regula-tions. 203.364 Mortgagees liability for property expenditures. 203.365 Documents and information to be furnished the Secretary; claims review. 203.366 Conveyance of marketable title. 203.367 Contents o

37、f deed and supporting doc-uments. 203.368 Claims without conveyance proce-dure. 203.369 Deficiency judgments. 203.370 Pre-foreclosure sales. 203.371 Partial claim. CONDITION OF PROPERTY 203.375203.376 Reserved 203.377 Inspection and preservation of prop-erties. 203.378 Property condition. 203.379 Ad

38、justment for damage or neglect. 203.380 Certificate of property condition. 203.381 Occupancy of property. 203.382 Cancellation of hazard insurance. PROPERTY TITLE TRANSFERS AND TITLE WAIVERS 203.385 Types of satisfactory title evidence. 203.386 Coverage of title evidence. 203.387 Acceptability of cu

39、stomary title evi-dence. 203.389 Waived title objections. 203.390 Waiver of titlemortgages or prop-erty formerly held by the Secretary. 203.391 Title objection waiver with reduced insurance benefits. VerDate Mar2010 10:21 May 10, 2011 Jkt 223078 PO 00000 Frm 00153 Fmt 8010 Sfmt 8010 Y:SGML223078.XXX

40、 223078WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-144 24 CFR Ch. II (4111 Edition) Pt. 203 PAYMENT OF INSURANCE BENEFITS 203.400 Method of payment. 203.401 Amount of paymentconveyed and non-conveyed proper

41、ties. 203.402 Items included in paymentcon-veyed and non-conveyed properties. 203.402a Reimbursement for uncollected in-terest. 203.403 Items deducted from paymentcon-veyed and non-conveyed properties. 203.404 Amount of paymentassigned mort-gages. 203.405 Debenture interest rate. 203.406 Maturity of

42、 debentures. 203.407 Registration of debentures. 203.408 Form and amounts of debentures. 203.409 Redemption of debentures. 203.410 Issue date of debentures. 203.411 Cash adjustment. 203.412 Payment for foreclosure alternative actions. 203.413 Reserved 203.414 Amount of paymentpartial claims. CERTIFI

43、CATE OF CLAIM 203.415 Delivery of certificate of claim. 203.416 Amount and items of certificate of claim. 203.417 Rate of interest of certificate of claim. MUTUAL MORTGAGE INSURANCE FUND AND DISTRIBUTIVE SHARES 203.420 Nature of Mutual Mortgage Insur-ance Fund. 203.421 Allocation of Mutual Mortgage

44、In-surance Fund income or loss. 203.422 Right and liability under Mutual Mortgage Insurance Fund. 203.423 Distribution of distributive shares. 203.424 Maximum amount of distributive shares. 203.425 Finality of determination. 203.426 Inapplicability to housing in older declining urban areas. 203.427

45、Statute of limitations on payment of distributive shares. SALE, ASSIGNMENT AND PLEDGE OF INSURED MORTGAGE 203.430 Sale of interests in insured mort-gages. 203.431 Sale of insured mortgage to ap-proved mortgagee. 203.432 Effect of sale of insured mortgage. 203.433 Assignments, pledges and transfers b

46、y approved mortgagee. 203.434 Declaration of trust. 203.435 Transfers of partial interests. GRADUATED PAYMENT MORTGAGES 203.436 Claim proceduregraduated pay-ment mortgages. COOPERATIVE UNIT MORTGAGES 203.437 Mortgages involving a dwelling unit in a cooperative housing development. MORTGAGES ON PROPE

47、RTY LOCATED ON INDIAN LAND 203.438 Mortgages on Indian land insured pursuant to section 248 of the National Housing Act. MORTGAGES ON PROPERTY LOCATED ON HAWAIIAN HOME LANDS 203.439 Mortgages on Hawaiian home lands insured pursuant to section 247 of the Na-tional Housing Act. MORTGAGES ON PROPERTY I

48、N ALLEGANY RESERVATION OF SENECA INDIANS 203.439a Mortgages on property in Allegany Reservation of Seneca Nation of Indians authorized by section 203(q) of the Na-tional Housing Act. REHABILITATION LOANS 203.440 Definitions. 203.441 Insurance of loan. 203.442 Contract created by Insurance Cer-tifica

49、te or by endorsement. 203.443 Insurance premium. 203.457 Voluntary termination of contract. 203.458 Termination by prepayment of loan. 203.459 Notice of termination by lender. 203.462 Pro rata payment of premium before termination. 203.463 Notice and date of termination by Commissioner. 203.464 Effect of termination. 203.466 Definition of delinquency and re-quirement for notice of delinquency to HUD. 203.467 Definition of default, date of default, and r