1、309 Office of Assistant Secretary for Housing, HUD Pt. 220 the clients housing need or resolve the clients housing problem; (3) The agency attempts to, but is un-able to, locate the client; (4) The client does not follow the agreed-upon action plan; (5) The client otherwise terminates housing counse
2、ling; or (6) The client fails to appear for hous-ing counseling appointments. 214.317 Reporting. All participating agencies shall sub-mit to HUD activity reports, which may be required up to quarterly. The reports must be submitted in the for-mat, by the deadline, and in the man-ner prescribed by HU
3、D. Participating agencies that are also recipients of HUD grants or subgrants may be re-quired to submit additional reports, as described in their grant agreements and prescribed by HUD. Subpart EOther Federal Requirements 214.500 Audit. Housing counseling grant recipients and subrecipients shall be
4、 subject to the audit requirements contained in 24 CFR parts 84 and 85. HUD must be pro-vided a copy of the audit report within 30 days of completion. 214.503 Other requirements. In addition to the requirements of this part, the Housing Counseling pro-gram is subject to applicable federal requiremen
5、ts in 24 CFR 5.105. PART 219FLEXIBLE SUBSIDY PRO-GRAM FOR TROUBLED PROJECTS Sec. 219.1 Program operations. 219.2 Savings provision. AUTHORITY: 12 U.S.C. 1715z-1a; 42 U.S.C. 3535(d). SOURCE: 61 FR 14405, Apr. 1, 1996, unless otherwise noted. 219.1 Program operations. Effective May 1, 1996, the Flexib
6、le Subsidy Program for Troubled Projects will be governed and operate under the statutory provisions codified at 12 U.S.C. 1715z1a, under the administra-tive policies and procedures contained in any applicable HUD Handbooks, and other administrative bulletins and no-tices as the Department may issue
7、 from time to time. 219.2 Savings provision. Part 219, as it existed immediately before May 1, 1996, (contained in the April 1, 1995 edition of 24 CFR, parts 200 to 219) will continue to govern the rights and obligations of housing own-ers, tenants, and the Department of Housing and Urban Developmen
8、t with respect to units and projects assisted under the Flexible Subsidy Program for Troubled Projects prior to May 1, 1996. A list of any amendments to this part published after the CFR revision date is available from the Office of the Rules Docket Clerk, Department of Housing and Urban Development
9、, 451 Seventh Street, SW., Washington, DC 20410. PART 220MORTGAGE INSUR-ANCE AND INSURED IMPROVE-MENT LOANS FOR URBAN RE-NEWAL AND CONCENTRATED DEVELOPMENT AREAS Subpart A Reserved Subpart BContract Rights and ObligationsHomes Sec. 220.251 Cross-reference. 220.252 Forbearance of foreclosure and as-s
10、ignment of mortgage. 220.253 Substitute mortgagors. 220.275 Method of paying insurance benefits. INSURED HOME IMPROVEMENT LOANS 220.350 Cross-reference. Subpart CEligibility Requirements Projects 220.501 Eligibility requirements. Subpart DContract Rights and ObligationsProjects PROJECT MORTGAGE INSU
11、RANCE 220.751 Cross-reference. 220.753 Forbearance relief. 220.760 Payment of insurance benefits. 220.765 Special insurance benefitsforbear-ance relief cases. VerDate Mar2010 10:21 May 10, 2011 Jkt 223078 PO 00000 Frm 00319 Fmt 8010 Sfmt 8010 Y:SGML223078.XXX 223078WReier-Aviles on DSKGBLS3C1PROD wi
12、th CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-310 24 CFR Ch. II (4111 Edition) 220.251 INSURED PROJECT IMPROVEMENT LOANS 220.800 Definitions. 220.801 Initial insurance endorsement. 220.802 Final insurance endorsement. 220.803 Effect of insura
13、nce endorsement. 220.804 Insurance premiums. 220.804a Mortgagees late charge. 220.805 Termination of insurance. 220.806 Pro rata refund of insurance pre-mium. 220.810 Definition of default. 220.811 Date of default. 220.812 Notice of default. 220.813 Commissioners right to require ac-celeration. 220.
14、814 Election of action. 220.820 Maximum claim period. 220.821 Items to be filed on submitting claim. 220.822 Claim computation; items included. 220.823 Claim computation; items deducted. 220.830 Debenture interest rate. 220.832 Maturity of debentures. 220.834 Registration of debentures. 220.836 Form
15、 and amounts of debentures. 220.838 Redemption of debentures. 220.840 Issue date of debentures. 220.842 Cash adjustment. 220.850 Assignment of insured loans. Subpart EServicing Responsibilites Homes 220.900 Cross-reference. AUTHORITY: 12 U.S.C. 1713, 1715b, 1715k; 42 U.S.C. 3535(d). SOURCE: 36 FR 24
16、573, Dec. 22, 1971, unless otherwise noted. Subpart A Reserved Subpart BContract Rights and ObligationsHomes 220.251 Cross-reference. (a) All of the provisions of subpart B, part 203 of this chapter covering mort-gages insured under section 203 of the National Housing Act apply to mort-gages coverin
17、g 1- to 11-family dwellings insured under section 220 of the Na-tional Housing Act, except the fol-lowing: Sec. 203.258 Substitute mortgagors. 203.259 Scope. 203.280 One-time MIP. 203.281 Calculation of one-time MIP. 203.282 Mortgagees late charge and inter-est. 203.283 Refund of one-time MIP. 203.3
18、40 Conditions of special forbearance re-lief. 203.342 Recasting of mortgage. 203.343 Partial release, addition or substi-tution of security. 203.350 Assignment of defaulted mortgage ingeneral. 203.350a Assignment of defaulted mortgage. 203.351 Application for insurance benefits and fiscal data. 203.
19、353 Certification by mortgagee. 203.400 Method of payment. 203.402a Reimbursement for uncollected in-terest. 203.420 Nature of Mutual Mortgage Insur-ance Fund. 203.421 Allocation of Mutual Mortgage In-surance Fund income or loss. 203.422 Right and liability under Mutual Mortgage Insurance Fund. 203.
20、423 Distribution of distributive shares 203.424 Maximum amount of distributive shares. 203.425 Finality of determination. 203.438 Mortgages on Indian land insured pursuant to section 248 of the National Housing Act. 203.439 Mortgages on Hawaiian home lands insured pursuant to section 247 of the Na-t
21、ional Housing Act. 203.439a Mortgages on property in Allegany Reservation of Seneca Nation of Indians authorized by section 203(q) of the Na-tional Housing Act. (b) For the purposes of this subpart, all references in part 203 of this chapter to section 203 of the act shall be con-strued to refer to
22、section 220 of the act, and all references to the Mutual Mort-gage Insurance Fund shall be construed to refer to the General Insurance Fund. 36 FR 24573, Dec. 22, 1971, as amended at 42 FR 29304, June 8, 1977; 48 FR 28807, June 23, 1983; 51 FR 21874, June 16, 1986; 52 FR 8069, Mar. 16, 1987; 52 FR 2
23、8470, July 30, 1987; 52 FR 48203, Dec. 21, 1987; 53 FR 9869, Mar. 28, 1988; 55 FR 34808, Aug. 24, 1990 220.252 Forbearance of foreclosure and assignment of mortgage. All of the provisions of 203.340 through 203.342, 203.350, 203.352 and 203.353 of this chapter shall apply to mortgages insured under
24、this subpart, except that the provisions relating to forbearance of foreclosure, recasting of the mortgage and assignment of a de-faulted mortgage, shall be applicable only to a mortgage covering a property having not more than four dwelling units. VerDate Mar2010 10:21 May 10, 2011 Jkt 223078 PO 00
25、000 Frm 00320 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-,-,-311 Office of Assistant Secretary for Housing, HUD 220.501 220.253 Substitute mortgagors. (a) Selling mort
26、gagor. The mortgagee may effect the release of a mortgagor from personal liability on the mort-gage note only if it obtains the Com-missioners approval of a substitute mortgagor, as provided by this section. (b) Purchasing mortgagor. (1) The Commissioner may approve a sub-stitute mortgagor with resp
27、ect to any mortgage insured under subpart A of this part, if the substitute mortgagor is to occupy the dwelling as a principal residence or a secondary residence (as these terms are defined in 220.30(d). (2) The Commissioner may approve as a substitute mortgagor an eligible non- occupant mortgagor (
28、as defined in 220.30(d) with respect to any mort-gage insured under this part, only if the outstanding balance of the mort-gage does not exceed the Commis-sioners estimate of: (i) The replacement cost of the prop-erty as of the date the mortgage was originally accepted for insurance, or the date the
29、 substitute mortgagor is approved by the Commissioner, which ever is greater, in the case of a dwell-ing described in 220.30(a) (1) or (2); or (ii) The cost of repair or rehabilita-tion, plus the Commissioners estimate of the replacement cost of the property as of either the date the mortgage was or
30、iginally accepted for insurance, or the date the substitute mortgagor is approved by the Commissioner, which-ever is greater, in the case of a dwell-ing described in 220.30(a) (3) or (4). (c) Applicabilitycurrent mortgagor. Paragraph (b) of this section applies to the Commissioners approval of a sub
31、-stitute mortgagor, only if the mort-gage executed by the original mort-gagor met the conditions of 203.258(c) of this chapter. (d) Applicabilityearlier mortgagor. The occupancy and similar require-ments set forth in 203.258(d) of this chapter apply to mortgages insured under subpart A of this part.
32、 (e) Mortgagees approved for partici-pation in the Direct Endorsement pro-gram under 203.3 may, subject to limi-tations established by the Commis-sioner, themselves approve an appro-priate substitute mortgagor under this section for mortgages which they own or service, and need not obtain further sp
33、ecific approval from the Commis-sioner. (f) Definition. As used in this section, the term substitute mortgagor includes: (1) Persons who, upon the release by a mortgagee of a previous mortgagor from personal liability on the mort-gage note, assume this liability and agree to pay the mortgage debts;
34、and (2) persons who purchase without as-suming liability on the mortgage note, or purchase where no release is given by the mortgagee to the previous mort-gagor. 55 FR 34808, Aug. 24, 1990, as amended at 57 FR 58351, Dec. 9, 1992 220.275 Method of paying insurance benefits. If the application for in
35、surance bene-fits is acceptable to the Commissioner, all of the insurance claim shall be paid in cash unless the mortgagee files a written request with the application for payment in debentures. If such a re-quest is made, all of the claim shall be paid by issuing debentures and by mak-ing a cash pa
36、yment adjusting any dif-ferences between the total amount of the claim and the amount of the deben-tures issued. INSURED HOME IMPROVEMENT LOANS 220.350 Cross-reference. (a) All of the provisions of 203.440 through 203.495 of this chapter covering insured home improvement loans under section 203(k) o
37、f the Act shall apply to home improvement loans on one-to- four family dwellings under section 220(h) of the Act, except as set out in paragraph (b). (b) The provisions of 203.473(a) shall not be applicable to home improve-ment loans on one-to-four family dwellings under section 220(h) of the Act. 5
38、2 FR 1330, Jan. 13, 1987 Subpart CEligibility RequirementsProjects 220.501 Eligibility requirements. The requirements set forth in 24 CFR part 200, subpart A, apply to multi-family project mortgages insured under VerDate Mar2010 10:21 May 10, 2011 Jkt 223078 PO 00000 Frm 00321 Fmt 8010 Sfmt 8010 Y:S
39、GML223078.XXX 223078WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-312 24 CFR Ch. II (4111 Edition) 220.751 section 220 of the National Housing Act (12 U.S.C. 1715k), as amended. 61 FR 14405, Apr. 1, 1996 Subp
40、art DContract Rights and ObligationsProjects PROJECT MORTGAGE INSURANCE 220.751 Cross-reference. (a) All of the provisions of subpart B, part 207 of this chapter, covering mort-gages insured under section 207 of the National Housing Act, apply with full force and effect to multifamily project mortga
41、ges insured under section 220 of the National Housing Act, except the following provisions: Sec. 207.259 Insurance benefits. 207.256b Modification of mortgage terms. (b) For the purposes of the portion of this subpart, covering multifamily project mortgages, all references in part 207 of this chapte
42、r to section 207 of the National Housing Act shall be deemed to refer to section 220 of the National Housing Act. 220.753 Forbearance relief. (a) In a case where the mortgage is in default, the mortgagor and the mort-gagee may enter into a forbearance agreement for the reduction or suspen-sion of re
43、gular mortgage payments for a specified period of time, if the fol-lowing requirements are met: (1) The mortgage was endorsed for in-surance on or after July 7, 1961. (2) The Commissioner determines that the default was due to cir-cumstances beyond the mortgagors control and that the mortgage prob-a
44、bly will be restored to good standing within a reasonable period of time and evidences such determination by writ-ten approval of the forbearance agree-ment. (b) The time specified in 207.258(a) of this chapter, within which a mortgagee shall give the Commissioner written notice of its intention to
45、file an insur-ance claim, shall be suspended for the period of time specified in the forbear-ance agreement as long as the mort-gagor complies with the requirements of such agreement. (c) If the mortgagor fails to meet the requirements of a forbearance agree-ment or to cure the default under the mor
46、tgage at the expiration of the for-bearance period, and such failure con-tinues for a period of 30 days, the mort-gagee shall notify the Commissioner of such failure. Within 45 days thereafter, unless a modification or extension of the forbearance agreement has been ap-proved by the Commissioner, th
47、e mort-gagee shall notify the Commissioner of its election to file an insurance claim and of its decision to either assign the mortgage to the Commissioner or ac-quire and convey title to the property to the Commissioner. If the mortgage is assigned to the Commissioner, the special insurance benefit
48、s prescribed in 220.765 shall be applicable. 220.760 Payment of insurance bene-fits. All of the provisions of 207.259 of this chapter relating to insurance ben-efits apply to multifamily project mortgages insured under this subpart, except that all of the insurance claim shall be paid in cash unless
49、 the mort-gagee files a written request with the application for payment in debentures. If such a request is made, all of the claim shall be paid by issuing deben-tures and by making a cash payment adjusting any differences between the total amount of the claim and the amount of the debentures issued. 220.765 Special insurance benefits forbearance relief cases. (a) Upon a failure of the mortgagor to m
