1、277 Office of Assistant Secretary for Housing, HUD 207.1 decision is affirmed or modified, the re-moval will be effective on the date of HUDs notice affirming or modifying the initial removal decision. (e) Maximum time period of removal. The maximum time period for removal from the Roster is 12 mont
2、hs from the effective date of removal for all re-moved counselors. A counselor who has been removed must apply for reinstate-ment on the Roster. (f) Placement on the Roster after re-moval. A counselor who has been re-moved from the Roster must apply for reinstatement on the Roster (in ac-cordance wi
3、th 206.304) after the period of the counselors removal from the Roster has expired. HUD may require the counselor to retake and pass the HECM exam for reinstatement when the reason for removal from the Roster was particularly egregious. Typically, the counselor will not be required to take and pass
4、the HECM exam; how-ever, HUD must be ensured by the counselor that the HECM counseling requirements are understood and will be followed. An application from a counselor for reinstatement on the Roster will be rejected if the period of the counselors removal from the Ros-ter has not expired. (g) Volu
5、ntary removal. A HECM coun-selor will be removed from the Roster upon HUDs receipt of a written re-quest from the counselor. (h) Other action. Nothing in this sec-tion prohibits HUD from taking such other action against a counselor or from seeking any other remedy against a counselor available to HU
6、D by stat-ute or other authority. 206.308 Continuing education re-quirements of counselors listed on the HECM Counselor Roster. A counselor listed on the Roster must receive, on a continuing basis, training, education, and technical as-sistance related to HECMs. The coun-selor must maintain evidence
7、 of the successful completion of such con-tinuing education, and such evidence must be made available to HUD upon request. HUD will consider a HECM counselors successful completion of a HECM course no less than once every 2 years as satisfying the requirements of this section. PART 207MULTIFAMILY HO
8、USING MORTGAGE INSURANCE Subpart AEligibility Requirements Sec. 207.1 Eligibility requirements. Subpart BContract Rights and Obligations 207.251 Definitions. PREMIUMS 207.252 First, second and third premiums. 207.252a Premiumsoperating loss loans. 207.252b Premiumsmortgages insured pur-suant to sect
9、ion 223(f) of the Act. 207.252c Premiumsmortgages insured pur-suant to Section 238(c) of the Act. 207.252d Mortgagees late charge. 207.252e Method of payment of mortgage in-surance premiums. 207.253 Termination by prepayment and vol-untary termination. 207.253a Termination of insurance contract 207.
10、254 Changes in premiums; manner of publication. RIGHTS AND DUTIES OF MORTGAGEE UNDER THE CONTRACT OF INSURANCE 207.255 Defaults. 207.256 Notice. 207.256a Reinstatement of defaulted mort-gage. 207.256b Modification of mortgage terms. 207.257 Commissioners right to require ac-celeration. 207.258 Insur
11、ance claim requirements. 207.258a Title requirements. 207.258b Partial payment of claim. 207.259 Insurance benefits. 207.259a Waiver of title objection; mort-gages formerly Commissioner-held. 207.260 Maintenance and inspection of prop-erty. RIGHTS IN HOUSING FUND 207.263 Responsibility for servicing
12、. AMENDMENTS 207.499 Effect of amendments. AUTHORITY: 12 U.S.C. 1701z-11(e), 1709(c)(1), 1713 and 1715b; 42 U.S.C. 3535(d). SOURCE: 36 FR 24537, Dec. 22, 1971, unless otherwise noted. Subpart AEligibility Requirements 207.1 Eligibility requirements. The eligibility requirements set forth in 24 CFR p
13、art 200, subpart A, apply to VerDate Mar2010 10:21 May 10, 2011 Jkt 223078 PO 00000 Frm 00287 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-,-,-278 24 CFR Ch. II (4111 Ed
14、ition) 207.251 multifamily project mortgages insured under section 207 of the National Hous-ing Act (12 U.S.C. 1713), as amended. 61 FR 14405, Apr. 1, 1996 Subpart BContract Rights and Obligations 207.251 Definitions. As used in this subpart: (a) The term Commissioner means the Federal Housing Commi
15、ssioner. (b) The term act means the National Housing Act, as amended. (c) The term mortgage means such a first lien upon real estate and other property as is commonly given to se-cure advances on, or the unpaid pur-chase price of, real estate under the laws of the State, district or territory in whi
16、ch the real estate is located, to-gether with the credit instrument or instruments, if any, secured thereby. In any instance where an operating loss loan is involved, the term shall in-clude both the original mortgage and the instrument securing the operating loss loan. (d) The term insured mortgage
17、 means a mortgage which has been insured by the endorsement of the credit instru-ment by the Commissioner, or his duly authorized representative. (e) The term contract of insurance means the agreement evidenced by such endorsement and includes the terms, conditions and provisions of this part and of
18、 the National Housing Act. (f) The term mortgagor means the original borrower under a mortgage and its successors and such of its as-signs as are approved by the Commis-sioner. (g) The term mortgagee means the original lender under a mortgage its successors and such of its assigns as are approved by
19、 the Commissioner, and includes the holders of the credit in-struments issued under a trust inden-ture, mortgage or deed of trust pursu-ant to which such holders act by and through a trustee therein named. PREMIUMS 207.252 First, second and third pre-miums. The mortgagee, upon the initial en-dorseme
20、nt of the mortgage for insur-ance, shall pay to the Commissioner a first mortgage insurance premium equal to not less than one-fourth of one percent nor more than one percent as the Secretary shall determine of the original face amount of the mortgage. The specific premium to be charged will be set
21、forth in FEDERAL REGISTER notice. (a) If the date of the first principal payment is more than one year fol-lowing the date of such initial insur-ance endorsement, the mortgagee, upon the anniversary of such insurance date, shall pay a second premium equal to not less than one-fourth of one per-cent
22、nor more than one percent as the Secretary shall determine of the origi-nal face amount of the mortgage. On the date of the first principal payment, the mortgagee shall pay a third pre-mium equal to not less than one-fourth of one percent nor more than one per-cent of the average outstanding prin-ci
23、pal obligation of the mortgage for the following year which shall be ad-justed so as to accord with such date and so that the aggregate of the said three premiums shall equal the sum of: (1) One percent of the average out-standing principal obligation of the mortgage for the year following the date
24、of initial insurance endorsement; and (2) Not less than one-fourth of one percent nor more than one percent per annum as the Secretary shall deter-mine of the average outstanding prin-cipal obligation of the mortgage for the period from the first anniversary of the date of initial insurance endorse-
25、ment to one year following the date of the first principal payment. (b) If the date of the first principal payment is one year, or less than one year following the date of such initial insurance endorsement, the mortgagee, upon such first principal payment date, shall pay a second premium equal to n
26、ot less than one-fourth of one percent nor more than one percent as the Sec-retary shall determine of the average outstanding principal obligation of the mortgage for the following year which shall be adjusted so as to accord with such date and so that the aggregate of the said two premiums shall eq
27、ual the sum of: VerDate Mar2010 10:21 May 10, 2011 Jkt 223078 PO 00000 Frm 00288 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-,-,-279 Office of Assistant Secretary for H
28、ousing, HUD 207.252b (1) One percent per annum of the av-erage outstanding principal obligation of the mortgage for the period from the date of initial insurance endorsement to the date of first principal payment; and (2) Not less than one-fourth of one percent nor more than one percent as the Secre
29、tary shall determine of the average outstanding principal obliga-tion of the mortgage for the year fol-lowing the date of the first principal payment. (c) Where the credit instrument is initially and finally endorsed for insur-ance pursuant to a Commitment to In-sure Upon Completion, the mortgagee o
30、n the date of the first principal pay-ment shall pay a second premium equal to not less than one-fourth of one per-cent nor more than one percent as the Secretary shall determine of the aver-age outstanding principal obligation of the mortgage for the year following such first principal payment date
31、 which shall be adjusted so as to accord with such date and so that the aggre-gate of the said two premiums shall equal the sum of not less than one- fourth of one percent nor more than one percent per annum as the Sec-retary shall determine of the average outstanding principal obligation of the mor
32、tgage for the period from the date of the insurance endorsement to one year following the date of the first principal payment. (d) Until the mortgage is paid in full, or until receipt by the Commissioner of an application for insurance benefits, or until the contract of insurance is otherwise termin
33、ated with the consent of the Commissioner, the mortgagee, on each anniversary of the date of the first principal payment, shall pay an annual mortgage insurance premium equal to not less than one-fourth of one percent nor more than one percent as the Secretary shall determine of the average outstand
34、ing principal obliga-tion of the mortgage for the year fol-lowing the date on which such pre-mium becomes payable. (e) The premiums payable on and after the date of the first principal pay-ment shall be calculated in accordance with the amortization provisions with-out taking into account delinquent
35、 payments or prepayments. (f) Premiums shall be payable in cash or in debentures at par plus accrued in-terest. All premiums are payable in ad-vance and no refund can he made of any portion thereof except as herein-after provided in this subpart. (g) Any change in mortgage insur-ance premiums pursua
36、nt to this sec-tion will apply to new commitments issued or reissued on or after August 1, 2001 and any notice setting mortgage insurance premiums issued pursuant to this section. 66 FR 35072, July 2, 2001 207.252a Premiumsoperating loss loans. (a) The mortgagee, upon the insur-ance endorsement of t
37、he increase loan credit instrument covering the oper-ating loss loan, shall pay to the Com-missioner a first mortgage insurance premium of not less than one-fourth of one percent nor more than one percent as the Secretary shall determine of the original amount of the loan. (b) The provisions of para
38、graphs (d), (e), (f) and (g) of Sec. 207.252 shall apply to operating loss loans. 66 FR 35073, July 2, 2001 207.252b Premiumsmortgages in-sured pursuant to section 223(f) of the Act. (a) The mortgagee, upon the initial- final endorsement of the mortgage for insurance pursuant to a Commitment to Insu
39、re Upon Completion issued in accordance with 207.32a, shall pay to the Commissioner a first mortgage in-surance premium equal to one percent of the original face amount of the mortgage. (b) The mortgagee, on the date of the first principal payment, shall pay a second premium equal to one percent of
40、the average outstanding principal obligation of the mortgage for the year following such first principal payment date which shall be adjusted as of that date so that the aggregate of the first and second premiums shall equal the sum of one percent per annum of the average outstanding principal oblig
41、a-tion of the mortgage for the period from the date of the insurance endorse-ment to one year following the date of the first principal payment. VerDate Mar2010 10:21 May 10, 2011 Jkt 223078 PO 00000 Frm 00289 Fmt 8010 Sfmt 8010 Y:SGML223078.XXX 223078WReier-Aviles on DSKGBLS3C1PROD with CFRProvided
42、 by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-280 24 CFR Ch. II (4111 Edition) 207.252c (c) The provisions of paragraphs (d), (e) and (f) of 207.252 shall apply to mortgages insured pursuant to section 223(f) of the Act. 40 FR 10177, Mar. 5, 1975 207.252c
43、Premiumsmortgages in-sured pursuant to section 238(c) of the Act. All of the provisions of 207.252 and 207.252a governing mortgage insurance premiums shall apply to mortgages in-sured under this subpart pursuant to section 238(c) of the Act except that all mortgage insurance premiums due on such mor
44、tgages in accordance with 207.252 and 207.252a shall be cal-culated on the basis of one percent. 42 FR 59674, Nov. 18, 1977 207.252d Mortgagees late charge. Mortgage insurance premiums which are paid to the Commissioner more than 15 days after the billing date or due date, whichever is later, shall
45、in-clude a late charge of 4 percent of the amount of the payment due, except that no late charge shall be required with respect to any case for which HUD fails to render a proper billing to the mortgagee. 43 FR 60154, Dec. 26, 1978. Correctly des-ignated at 44 FR 23067, Apr. 18, 1979 207.252e Method
46、 of payment of mort-gage insurance premiums. In the cases that the Commissioner deems appropriate, the Commissioner may require, by means of instructions communicated to all affected mortga-gees, that mortgage insurance pre-miums be remitted electronically. 63 FR 1303, Jan. 8, 1998 207.253 Terminati
47、on by prepayment and voluntary termination. All rights under the insurance con-tract and all obligations to pay future insurance premiums shall terminate on the following conditions: (a) Termination by prepayment. Notice of the prepayment in full of the mort-gage or loan shall be given to the Com-mi
48、ssioner, on a form prescribed by the Commissioner, within 30 days from the date of prepayment. The insurance con-tract shall terminate, effective as of the date of prepayment. No adjusted premium charge shall be due the Com-missioner on account of such termi-nation by prepayment. (b) Termination by
49、voluntary agree-ment. Receipt by the Commissioner of a written request, by the mortgagor and mortgagee or lender for termination of the insurance on the mortgage or loan, on a form prescribed by the Commis-sioner, accompanied by the original credit instrument for cancellation of the insurance endorsement and the re-mittance of all sums to which the Com-missioner is entitled. The termination shall become effective as of the date the
