1、785 Asst. Secry., for Public and Indian Housing, HUD 1005.103 after corrective actions authorized under 1003.701 have been applied, the following actions may be taken pro-vided that reasonable notice and oppor-tunity for hearing is made to the grantee. (The Administrative Proce-dure Act (5 U.S.C. 55
2、1 et seq.), where applicable, shall be a guide in any situ-ation involving adjudications where the Secretary desires to take actions requiring reasonable notice and oppor-tunity for a hearing): (1) Terminate the grant to the grant-ee; (2) Reduce the grant to the grantee by an amount equal to the amo
3、unt which was not expended in accordance with this part; or (3) Limit the availability of funds to projects or activities not affected by such failure to comply; provided, how-ever, that the Secretary may on due notice revoke the grantees line of credit in whole or in part at any time if the Secreta
4、ry determines that such action is necessary to preclude the fur-ther expenditure of funds for activities affected by such failure to comply. (b) Secretarial referral to the Attorney General. If there is reason to believe that a grantee has failed to comply substantially with any provision of the Act
5、, the Secretary may refer the mat-ter to the Attorney General of the United States with a recommendation that an appropriate civil action be in-stituted. Upon such a referral, the At-torney General may bring a civil ac-tion in any United States district court having venue thereof for such relief as
6、may be appropriate, including an ac-tion to recover the amount of the as-sistance furnished under this part which was not expended in accordance with this part or for mandatory or in-junctive relief. PART 1004 RESERVED PART 1005LOAN GUARANTEES FOR INDIAN HOUSING Sec. 1005.101 What is the applicabili
7、ty and scope of these regulations? 1005.103 What definitions are applicable to this program? 1005.104 What lenders are eligible for par-ticipation? 1005.105 What are eligible loans? 1005.106 What is the Direct Guarantee pro-cedure? 1005.107 What is eligible collateral? 1005.109 What is a guarantee f
8、ee? 1005.111 What safety and quality standards apply? 1005.112 How do eligible lenders and eligible borrowers demonstrate compliance with applicable tribal laws? 1005.113 How does HUD enforce lender com-pliance with applicable tribal laws? AUTHORITY: 12 U.S.C. 1715z13a; 42 U.S.C. 3535(d). SOURCE: 61
9、 FR 9054, Mar. 6, 1996, unless oth-erwise noted. Redesignated at 63 FR 12349, Mar. 12, 1998. 1005.101 What is the applicability and scope of these regulations? Under the provisions of section 184 of the Housing and Community Develop-ment Act of 1992, as amended by the Native American Housing Assista
10、nce and Self-Determination Act of 1996 (12 U.S.C. 1715z13a), the Department of Housing and Urban Development (the Department or HUD) has the authority to guarantee loans for the construc-tion, acquisition, or rehabilitation of 1- to 4-family homes that are standard housing located on trust or restri
11、cted land or land located in an Indian or Alaska Native area. This part provides requirements that are in addition to those in section 184. 67 FR 19493, Apr. 19, 2002 1005.103 What definitions are appli-cable to this program? In addition to the definitions that ap-pear in Section 184 of the Housing
12、and Community Development Act of 1992, the following definitions are applicable to loan guarantees under Section 184 Default means the failure by a bor-rower to make any payment or to per-form any other obligation under the terms of a loan, and such failure con-tinues for a period of more than 30 da
13、ys. Holder means the holder of the guar-antee certificate and in this program is variously referred to as the lender holder, the holder of the certificate, the holder of the guarantee, and the mortgagee. Indian means any person recognized as being Indian or Alaska Native by an Indian tribe, the Fede
14、ral Government, VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00795 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-786 24 CFR Ch. IX (4111 Edition) 1005.104 or an
15、y State, and includes the term Native American. Mortgage means: (1)(i) A first lien as is commonly given to secure advances on, or the un-paid purchase price of, real estate under the laws of the jurisdiction where the property is located and may refer to a security instrument creating a lien, wheth
16、er called a mortgage, deed of trust, security deed, or another term used in a particular jurisdiction; or (ii) A loan secured by collateral as re-quired by 24 CFR 1005.107; and (2) The credit instrument, or note, se-cured thereby. Mortgagee means the same as Hold-er. Principal residence means the dw
17、elling where the mortgagor maintains (or will maintain) his or her permanent place of abode, and typically spends (or will spend) the majority of the calendar year. A person may have only one prin-cipal residence at any one time. Property means the property con-structed, acquired, or rehabilitated w
18、ith the guaranteed loan, except when the context indicates that the term means other collateral for the loan. Section 184 means section 184 (enti-tled, Loan Guarantees for Indian Housing) of the Housing and Commu-nity Development Act of 1992 (12 U.S.C. 1515z-13a). Trust or restricted land has the me
19、an-ing given to trust land in section 184(k)(9) of the Housing and Commu-nity Development Act of 1992. 61 FR 9054, Mar. 6, 1996. Redesignated and amended at 63 FR 12349, 12372, Mar. 12, 1998; 63 FR 48990, Sept. 11, 1998 1005.104 What lenders are eligible for participation? Eligible lenders are those
20、 approved under and meeting the qualifications established in this subpart, except that loans otherwise insured or guaranteed by an agency of the United States, or made by an organization of Indians from amounts borrowed from the United States, shall not be eligible for guarantee under this part. Th
21、e fol-lowing lenders are deemed to be eligi-ble under this part: (a) Any mortgagee approved by HUD for participation in the single family mortgage insurance program under title II of the National Housing Act; (b) Any lender whose housing loans under chapter 37 of title 38, United States Code are aut
22、omatically guaran-teed pursuant to section 1802(d) of such title; (c) Any lender approved by the De-partment of Agriculture to make guar-anteed loans for single family housing under the Housing Act of 1949; (d) Any other lender that is super-vised, approved, regulated, or insured by any other agency
23、 of the United States; or (e) Any other lender approved by the Secretary under this part. 63 FR 12372, Mar. 12, 1998, as amended at 63 FR 48990, Sept. 11, 1998 1005.105 What are eligible loans? (a) In general. Only fixed rate, fixed term loans with even monthly pay-ments are eligible under the Secti
24、on 184 program. (b) Eligible borrowers. A loan guar-antee under section 184 may be made to: (1) An Indian family who will occupy the home as a principal residence and who is otherwise qualified under sec-tion 184; (2) An Indian Housing Authority or Tribally Designated Housing Entity; or (3) An India
25、n tribe. (c) Appraisal of labor value. The value of any improvements to the property made through the skilled or unskilled labor of the borrower, which may be used to make a payment on account of the balance of the purchase price, must be appraised in accordance with gen-erally acceptable practices
26、and proce-dures. (d) Construction advances. The Depart-ment may guarantee loans from which advances will be made during construc-tion. The Department will provide guarantees for advances made by the mortgagee during construction if all of the following conditions are satisfied: (1) The mortgagor and
27、 the mortgagee execute a building loan agreement, ap-proved by HUD, setting forth the terms and conditions under which advances will be made; (2) The advances may be made only as provided in the building loan agree-ment; VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00796 Fmt 8010 Sfmt
28、8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-787 Asst. Secry., for Public and Indian Housing, HUD 1005.107 (3) The principal amount of the mort-gage is held by the mortgagee in an in-tere
29、st bearing account, trust, or escrow for the benefit of the mortgagor, pend-ing advancement to the mortgagor or the mortgagors creditors as provided in the loan agreement; and (4) The mortgage shall bear interest on the amount advanced to the mort-gagor or the mortgagors creditors and on the amount
30、held in an account or trust for the benefit of the mortgagor. (e) Environmental compliance. (1) Sec-tion 1000.20 of this chapter applies to an environmental review in connection with a loan guarantee under this part. That section permits an Indian tribe to choose to assume environmental re-view resp
31、onsibility. (2) Before HUD issues a commitment to guarantee any loan, or before HUD guarantees a loan if there is no com-mitment, HUD must: (i) Comply with environmental re-view procedures to the extent applica-ble under part 50 of this title, in ac-cordance with 1000.20(a) and (c); or (ii) Approve
32、a Request for Release of Funds and certification from an Indian tribe, in accordance with part 58 of this title, if the Indian tribe has assumed environmental review responsibility. (3) If the loan involves proposed or new construction, HUD will require compliance with procedures com-parable to thos
33、e required by 203.12(b)(2) of this title for FHA mort-gage insurance. (f) Lack of access to private financial markets. In order to be eligible for a loan guarantee if the property is not on trust or restricted land, the borrower must certify that the borrower lacks access to private financial market
34、s. Borrower certification is the only cer-tification required by HUD. 61 FR 9054, Mar. 6, 1996. Redesignated and amended at 63 FR 12349, 12372, Mar. 12, 1998; 63 FR 48990, Sept. 11, 1998; 67 FR 19493, Apr. 19, 2002 1005.106 What is the Direct Guar-antee procedure? (a) General. A loan may be processe
35、d under a Direct Guarantee procedure ap-proved by the Department, under which the Department does not issue commitments to guarantee or review applications for loan guarantees before mortgages are executed by lenders ap-proved for Direct Guarantee proc-essing. The Department will approve a loan befo
36、re the loan is guaranteed. (b) Mortgagee sanctions. Depending on the nature and extent of the non-compliance with the requirements ap-plicable to the Direct Guarantee proce-dure, as determined by the Depart-ment, the Department may take such actions as are deemed appropriate and in accordance with p
37、ublished guide-lines. 63 FR 48990, Sept. 11, 1998 1005.107 What is eligible collateral? (a) In general. A loan guaranteed under section 184 may be secured by any collateral authorized under and not prohibited by Federal, state, or tribal law and determined by the lend-er and approved by the Departme
38、nt to be sufficient to cover the amount of the loan, and may include, but is not limited to, the following: (1) The property and/or improve-ments to be acquired, constructed, or rehabilitated, to the extent that an in-terest in such property is not subject to the restrictions against alienation appl
39、icable to trust or restricted land; (2) A first and/or second mortgage on property other than trust land; (3) Personal property; or (4) Cash, notes, an interest in securi-ties, royalties, annuities, or any other property that is transferable and whose present value may be determined. (b) Leasehold o
40、f trust or restricted land as collateral. If a leasehold interest in trust or restricted land is used as col-lateral or security for the loan, the fol-lowing additional provisions apply: (1) Approved Lease. Any land lease for a unit financed under Section 184 must be on a form approved by both HUD a
41、nd the Bureau of Indian Affairs, U.S. Department of Interior. (2) Assumption or sale of leasehold. The lease form must contain a provision re-quiring tribal consent before any as-sumption of an existing lease, except where title to the leasehold interest is obtained by the Department through foreclo
42、sure of the guaranteed mortgage or a deed in lieu of foreclosure. A mort-gagee other than the Department must obtain tribal consent before obtaining title through a foreclosure sale. Tribal VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00797 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080ero
43、we on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-788 24 CFR Ch. IX (4111 Edition) 1005.109 consent must be obtained on any subse-quent transfer from the purchaser, in-cluding the Department, at foreclosure sale. The lease
44、may not be terminated by the lessor without HUDs approval while the mortgage is guaranteed or held by the Department. (3) The mortgagee or HUD shall only pursue liquidation after offering to transfer the account to an eligible trib-al member, the Indian tribe, or the In-dian housing authority servic
45、ing the Indian tribe or the TDHE servicing the Indian tribe. The mortgagee or HUD shall not sell, transfer, or otherwise dispose of or alienate the property ex-cept to one of these three entities. (4) Priority of loan obligation. Any tribal government whose courts have jurisdiction to hear foreclosu
46、res must enact a law providing for the satisfac-tion of a loan guaranteed or held by the Department before other obliga-tions (other than tribal leasehold taxes against the property assessed after the property is mortgaged) are satisfied. (5) Eviction procedures. Before HUD will guarantee a loan sec
47、ured by trust land, the tribe having jurisdiction over such property must notify the Depart-ment that it has adopted and will en-force procedures for eviction of de-faulted mortgagors where the guaran-teed loan has been foreclosed. (i) Enforcement. If the Department de-termines that the tribe has fa
48、iled to enforce adequately its eviction proce-dures, HUD will cease issuing guaran-tees for loans for tribal members ex-cept pursuant to existing commit-ments. Adequate enforcement is dem-onstrated where prior evictions have been completed within 60 days after the date of the notice by HUD that fore
49、-closure was completed. (ii) Review. If the Department ceases to issue guarantees in accordance with paragraph (b)(5)(i) of this section, HUD will notify the tribe of the reasons for such action and that the tribe may, within 30 days after notification of HUDs action, file a written appeal with the Director, Office of Loan Guar-antee (OLG), Office of Native American Programs (ONAP). Within 30 days after notification of an adverse decision
