1、351 Office of Assistant Secretary for Housing, HUD Pt. 235 PART 235MORTGAGE INSUR-ANCE AND ASSISTANCE PAY-MENTS FOR HOME OWNERSHIP AND PROJECT REHABILITATION Subpart AEligibility Requirements Homes for Lower Income Families Sec. 235.1 Applicability of regulations. Subpart BContract Rights and Obliga
2、-tionsHomes for Lower Income Fami-lies 235.201 Cross-reference. 235.202 Amount of initial MIP. 235.204 Amount of annual MIP. 235.205 Deed in lieu of foreclosure. 235.206 Substitute mortgagors. 235.215 Method of paying insurance benefits. 235.220 Condition of property. SPECIAL PROVISIONS APPLICABLE O
3、NLY TO MORTGAGES INVOLVING CONDOMINIUM UNITS 235.221 Waived title objections. 235.225 Changes in plan of apartment owner-ship. 235.230 Condition of multifamily structure. 235.235 Certificate or statement of condi-tion. 235.240 Assessment of taxes. 235.245 Certificate of tax assessment. 235.250 Cance
4、llation of property insurance. Subpart CAssistance PaymentsHomes for Lower Income Families 235.301 Definitions. 235.305 Contract for assistance payments. 235.310 Execution of assistance payment contract. 235.315 Qualified homeowners. 235.320 Limitation of sales price. 235.325 Qualified cooperative m
5、embers. 235.330 Cooperative unit eligible for assist-ance payments. 235.331 Increased maximum mortgage amount for physically handicapped per-sons. 235.335 Assistance payments and handling charges. 235.340 Time of payments. 235.345 Term of assistance contract. 235.350 Mortgagors required recertificat
6、ion. 235.355 Mortgagors optional recertification. 235.360 Adjustment in assistance payments. 235.361 Recovery of assistance payments. 235.365 Mortgagee records. 235.370 Effect of assignment of mortgage with an assistance payment contract. 235.375 Termination, suspension, or rein-statement of the ass
7、istance payments contract. 235.499 Effect of amendments. Subpart DRehabilitation Sales Projects 235.501 Applicability of regulations. Subparts EF Reserved Subpart GServicing Responsibilities Homes for Lower Income Families 235.1000 Cross-reference. 235.1001 Providing information. Subpart HEligibilit
8、y Requirements: Con-tract Rights and Obligations; Assist-ance Payments Contracts; Servicing ResponsibilitiesRefinancing Mort-gages Under Section 235(r) of the Na-tional Housing Act ELIGIBILITY REQUIREMENTS; DIRECT ENDORSEMENT 235.1200 Authority. 235.1202 Cross-reference. 235.1206 Definitions used in
9、 this subpart. 235.1208 Eligible mortgagors. 235.1210 Recapture of assistance payments. 235.1212 Mortgage provisions. 235.1214 Mortgage lien. 235.1216 Late charge. 235.1218 Additional eligibility requirements. 235.1220 Processing section 235(r) mortgages under the direct endorsement program. CONTRAC
10、T RIGHTS AND OBLIGATIONS 235.1222 Cross-reference. CONTRACT FOR ASSISTANCE PAYMENTS 235.1224 Cross-reference. 235.1226 Additional provisions of the assist-ance payment contracts for section 235(r). 235.1228 Termination of assistance pay-ments contracts on mortgages to be refi-nanced. 235.1230 Execut
11、ion of assistance payment contract. 235.1232 Eligibility for assistance payments. 235.1234 Term of assistance payment con-tract in connection with mortgages in-sured under section 235(r) of the Act. 235.1236 Recapture of assistance payments. SERVICING RESPONSIBILITIES 235.1238 Cross-reference. AUTHO
12、RITY: 12 U.S.C. 1715b and 1715z; 42 U.S.C. 3535(d). VerDate Mar2010 10:21 May 10, 2011 Jkt 223078 PO 00000 Frm 00361 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-,-,-352
13、 24 CFR Ch. II (4111 Edition) 235.1 Subpart AEligibility Require-mentsHomes for Lower In-come Families 235.1 Applicability of regulations. The regulations regarding eligibility requirements (including eligibility re-quirements for noncitizens) for homes for lower income families in force be-fore Dec
14、ember 8, 1995, will continue to govern the rights and obligations of mortgagors, mortgagees, and the De-partment of Housing and Urban Devel-opment with respect to loans insured under section 235(i) of the National Housing Act. 61 FR 13624, Mar. 27, 1996 Subpart BContract Rights and ObligationsHomes
15、for Lower Income Families SOURCE: 41 FR 1176, Jan. 6, 1976, unless oth-erwise noted. 235.201 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 insured under section 235 of th
16、e National Housing Act, except the fol-lowing provisions: Sec. 203.258 Substitute mortgagors. 203.259a Scope. 203.260 Amount of Mortgage Insurance Pre-mium (MIP). 203.269 Open-end insurance charge. 203.280 One-time MIP. 203.281 Calculation of one-time MIP. 203.282 Mortgagees late charge and inter-es
17、t. 203.283 Refund of one-time MIP. 203.357 Deed in lieu of foreclosure. 203.379 Adjustment for damage or neglect. 203.380 Certificate of property condition. 203.389 Waived title objections. 203.400 Method of payment. 203.420 Nature of Mutual Mortgage Insur-ance Fund. 203.421 Allocation of Mutual Mor
18、tgage In-surance Fund income or loss. 203.422 Rights 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.
19、203.436 Claim proceduregraduated pay-ment mortgages. 203.439 Mortgages on Hawaiian home lands insured pursuant to section 247 of the Na-tional 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. 20
20、3.440 Through 203.495 insured home im-provement loans. (b) The term property or each family dwelling unit as used in 203.251 through 203.435 of this chapter (part 203, subpart B) shall, when used in con-nection with a family unit in a condo-minium, be construed to include a one-family unit and the u
21、ndivided in-terest in the common areas and facili-ties. 41 FR 1176, Jan. 6, 1976, as amended at 41 FR 42949, Sept. 29, 1976; 42 FR 29306, June 8, 1977; 47 FR 30754, July 15, 1982; 48 FR 28807, June 23, 1983; 52 FR 8070, Mar. 16, 1987; 52 FR 28470, July 30, 1987; 52 FR 48205, Dec. 21, 1987; 53 FR 986
22、9, Mar. 28, 1988; 55 FR 34814, Aug. 24, 1990 235.202 Amount of initial MIP. (a) With respect to mortgages ap-proved for insurance under this part prior to January 5, 1976, the initial MIP shall be in an amount equal to one-half percent of the average outstanding principal obligation for the first ye
23、ar of amortization under the mortgage, without taking into account delin-quent payments or prepayments. (b) With respect to mortgages ap-proved for insurance under this part on and after January 5, 1976, the initial MIP shall be in an amount equal to seven-tenths of one percent of the aver-age outst
24、anding principal obligation for the first year of amortization under the mortgage, without taking into ac-count delinquent payments or prepay-ments. 235.204 Amount of annual MIP. (a) With respect to mortgages ap-proved for insurance under this part prior to January 5, 1976, after payment of the init
25、ial MIP an annual MIP shall be paid in an amount equal to one-half percent of the average outstanding principal obligation for the 12-month period preceding the date on which the premium becomes payable, without VerDate Mar2010 10:21 May 10, 2011 Jkt 223078 PO 00000 Frm 00362 Fmt 8010 Sfmt 8010 Y:SG
26、ML223078.XXX 223078WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-353 Office of Assistant Secretary for Housing, HUD 235.221 taking into account delinquent pay-ments or prepayments. (b) With respect to mortgag
27、es ap-proved for insurance under this part on and after January 5, 1976, after pay-ment of the initial MIP an annual MIP shall be paid in an amount equal to seven-tenths of one percent of the aver-age outstanding principal obligation for the 12-month period preceding the date on which the premium be
28、comes payable, without taking into account delinquent payments or prepayments. 235.205 Deed in lieu of foreclosure. All of the provisions of 203.357 of this chapter relating to the acceptance of a deed in lieu of foreclosure shall apply to mortgages insured under this part, except that where a famil
29、y unit in condominium is involved, the deed in lieu of foreclosure may be accepted only if the mortgagee establishes to the satisfaction of the Secretary that there are no unpaid assessments owed to the association or cooperative of owners. 235.206 Substitute mortgagors. (a) Selling mortgagor. The m
30、ortgagee 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 under this sec-tion. The Commissioner may release a mortgagor from personal liability on any second mortgage note it hold
31、s in connection with its approval of a sub-stitute mortgagor under this section. (b) Purchasing mortgagor. The Com-missioner may approve a substitute mortgagor with respect to any mort-gage insured under this part only if the mortgagor is to occupy the dwelling as a principal residence (as defined i
32、n 203.18(f)(1) of this chapter) and only if the mortgagor meets all applicable re-quirements of this part. (c) Applicabilitycurrent mortgagor. Paragraph (b) of this section applies to the Commissioners approval of a sub-stitute mortgagor only if the mortgage executed by the original mortgagor met th
33、e 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. (e) Definition. As used in this section, the term substitute mortgagor includes: (1
34、) 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; and (2) Persons who purchase without as-suming liability on the mortgage note, or purchase where no release is given by the
35、 mortgagee to the previous mort-gagor. 55 FR 34814, Aug. 24, 1990 235.215 Method of paying insurance benefits. If the application for insurance bene-fits is acceptable to the Secretary, the insurance claim shall be paid in cash, unless the mortgagee files a written re-quest with the application for
36、payment in debentures. 59 FR 49817, Sept. 30, 1994 235.220 Condition of property. All of the provisions of 203.379 relat-ing to the adjustment of the insurance claim for damage or neglect and all of the provisions of 203.380 of this chap-ter requiring the mortgagee to certify as to the condition of
37、the property shall apply to mortgages insured under this subpart with the exception of mortgages involving condominium units. Sections 235.230 and 235.235 con-tain the comparable provisions applica-ble to mortgages involving condo-minium units. 41 FR 1176, Jan. 6, 1976, as amended at 42 FR 29306, Ju
38、ne 8, 1977 SPECIAL PROVISIONS APPLICABLE ONLY TO MORTGAGES INVOLVING CONDO-MINIUM UNITS 235.221 Waived title objections. (a) General provisions. All of the pro-visions of 203.389 of this chapter (re-lating to the waiver by the Secretary of objections to title) shall apply to mortgages insured under
39、this subpart, with the exception of mortgages in-volving condominium units. VerDate Mar2010 10:21 May 10, 2011 Jkt 223078 PO 00000 Frm 00363 Fmt 8010 Sfmt 8010 Y:SGML223078.XXX 223078WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without
40、license from IHS-,-,-354 24 CFR Ch. II (4111 Edition) 235.225 (b) Provisions applicable to con-dominiums. Where the mortgage in-volves a condominium unit, the Sec-retary shall not object to title by rea-son of the following matters: (1) Violations of a restriction based on race, color or creed, even
41、 where such restriction provides for a penalty of reversion or forfeiture of title or a lien for liquidated damage. (2) Easements for public utilities along one or more of the property lines, provided the exercise of the rights thereunder do not interfere with any of the buildings or improvements lo
42、cated on the subject property. (3) Encroachments on the subject property by improvements on adjoining property, provided such encroachments do not interfere with the use of any im-provements on the subject property. (4) Variations between the length of the subject property lines as shown on the appl
43、ication for insurance and as shown by the record or possession lines, provided such variations do not interfere with the use of any of the im-provements on the subject property. (5) Customary buildings or use re-strictions for breach of which there is no reversion and which have not been violated to
44、 a material extent. (6) Federal tax liens and rights of re-demption arising thereform if the fol-lowing conditions are observed. If the mortgagee acquired the property by foreclosure the mortgagee shall give notice to the Internal Revenue Service (IRS) of the foreclosure action. The Commissioner wil
45、l not object to an outstanding right of redemption in IRS if (i) the Federal tax lien was perfected subsequent to the date of the mortgage lien, and (ii) the mortgagee has bid an amount sufficient to make the mort-gagee whole if the property is in fact redeemed by the IRS. 41 FR 1176, Jan. 6, 1976,
46、as amended at 42 FR 29306, June 8, 1977 235.225 Changes in plan of apart-ment ownership. The mortgagee shall notify the Sec-retary of any change in the plan of apartment ownership and in the admin-istration of the property. Such notifi-cation shall be given either at the time of the conveyance of th
47、e property or at the time of the assignment of the mortgage. Any change in such plan shall require approval by the Sec-retary. 235.230 Condition of multifamily structure. (a) When a family unit is conveyed or a mortgage is assigned to the Sec-retary, the family unit and the com-mon areas and facilit
48、ies (including re-stricted common areas and facilities) designated for the particular unit shall be undamaged by fire, flood, earth-quake, tornado, or boiler explosion, or, as to mortgages insured on or after June 8, 1977, due to failure of the mort-gagee to take action as required by 203.377. If th
49、e property has been dam-aged, either of the following actions shall be taken: (1) The property may be repaired prior to its conveyance or prior to the assignment of the mortgage to the Sec-retary. (2) With the prior approval of the Secretary, the property may be con-veyed or the mortgage assigned to the Secretary without repairing the dam-age. In such instances, the Secretary shall deduct from the insurance bene-fits e
