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12 U.S.C. § 3705 — Prerequisites to foreclosure
Federal law — U.S. Code and appendices · legal_authorities
Foreclosure by the Secretary under this chapter of a multifamily mortgage may be commenced, as provided in [section 3707 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3707&num=0&edition=prelim), upon the breach of a covenant or condition in the mortgage agreement for which foreclosure is authorized under the mortgage, except that no such foreclosure may be commenced unless any previously pending proceeding, judicial or nonjudicial, separately instituted by the Secretary to foreclose the mortgage other than under this chapter has been withdrawn, dismissed, or otherwise terminated. No such separately instituted foreclosure proceeding on the mortgage shall be instituted by the Secretary during the pendency of foreclosure pursuant to this chapter. Nothing in this chapter shall preclude the Secretary from enforcing any right, other than foreclosure, under applicable State law, including any right to obtain a monetary judgment. Nothing in this chapter shall preclude the Secretary from foreclosing under this chapter where the Secretary has obtained or is seeking any other remedy available pursuant to Federal or State law or under the mortgage agreement, including, but not limited to, the appointment of a receiver, mortgagee-in-possession status, relief under an assignment of rents, or transfer to a nonprofit entity pursuant to [section 1701q of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1701q&num=0&edition=prelim) or [section 8013 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8013&num=0&edition=prelim).
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Source file: Laws/federal/codes/united-states-code/title-12/section-3705-prerequisites-to-foreclosure--4591e581bb.md
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Source location: Title 12, Chapter 38, § 3705; chapter-038-multifamily-mortgage-foreclosure.md
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Foreclosure by the Secretary under this chapter of a multifamily mortgage may be commenced, as provided in [section 3707 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3707&num=0&edition=prelim), upon the breach of a covenant or condition in the mortgage agreement for which foreclosure is authorized under the mortgage, except that no such foreclosure may be commenced unless any previously pending proceeding, judicial or nonjudicial, separately instituted by the Secretary to foreclose the mortgage other than under this chapter has been withdrawn, dismissed, or otherwise terminated. No such separately instituted foreclosure proceeding on the mortgage shall be instituted by the Secretary during the pendency of foreclosure pursuant to this chapter. Nothing in this chapter shall preclude the Secretary from enforcing any right, other than foreclosure, under applicable State law, including any right to obtain a monetary judgment. Nothing in this chapter shall preclude the Secretary from foreclosing under this chapter where the Secretary has obtained or is seeking any other remedy available pursuant to Federal or State law or under the mortgage agreement, including, but not limited to, the appointment of a receiver, mortgagee-in-possession status, relief under an assignment of rents, or transfer to a nonprofit entity pursuant to [section 1701q of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1701q&num=0&edition=prelim) or [section 8013 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8013&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose** The purpose of this section is to enable persons with disabilities to live with dignity and independence within their communities by expanding the supply of supportive housing that—
(1) is designed to accommodate the special needs of such persons;
(2) makes available supportive services that address the individual health, mental health, and other needs of such persons; and
(3) promotes and facilitates community integration for people with significant and long-term disabilities.
**(b) Authority to provide assistance** The Secretary is authorized to take the following actions:
(1) **Tenant-based assistance** — To provide tenant-based rental assistance to eligible persons with disabilities, in accordance with subsection (d)(4).
(2) **Capital advances** — To provide assistance to private, nonprofit organizations to expand the supply of supportive housing for persons with disabilities, which shall be provided as—
(A) capital advances in accordance with subsection (d)(1), and
(B) contracts for project rental assistance in accordance with subsection (d)(2);
assistance under this paragraph may be used to finance the acquisition, acquisition and moderate rehabilitation, construction, reconstruction, or moderate or substantial rehabilitation of housing, including the acquisition from the Resolution Trust Corporation, to be used as supportive housing for persons with disabilities and may include real property acquisition, site improvement, conversion, demolition, relocation, and other expenses that the Secretary determines are necessary to expand the supply of supportive housing for persons with disabilities.
(3) **Project rental assistance**
(A) *In general* — To offer additional methods of financing supportive housing for non-elderly adults with
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8013
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act June 27, 1934, ch. 847, title VIII, § 804, as added Aug. 8, 1949, ch. 403, § 1, 63 Stat. 575; amended Aug. 11, 1955, ch. 783, title IV, § 401, 69 Stat. 650, provided for disposition and use of excess moneys in Armed Services Housing Mortgage Insurance Fund, issue and cancellation of debentures, and receipt and payment of credits and charges.
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1701q
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** If the Secretary as holder of a multifamily mortgage determines that the prerequisites to foreclosure set forth in [section 3705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3705&num=0&edition=prelim) are satisfied, the Secretary may request the foreclosure commissioner to commence foreclosure of the mortgage. Upon such request, the foreclosure commissioner shall commence foreclosure of the mortgage, by commencing service of a notice of default and foreclosure sale in accordance with [section 3708 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3708&num=0&edition=prelim).
**(b)** Subsequent to commencement of a foreclosure under this chapter, the Secretary may designate a substitute foreclosure commissioner at any time up to forty-eight hours prior to the time of foreclosure sale, and the foreclosure shall continue without prejudice, unless the substitute commissioner, in his or her sole discretion, finds that continuation of the foreclosure sale will unfairly affect the interests of the mortgagor. In the event that the substitute commissioner makes such a finding, the substitute commissioner shall cancel the foreclosure sale, or adjourn such sale in the manner provided in [section 3710(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3710/c&num=0&edition=prelim). Upon designation of a substitute foreclosure commissioner, a copy of the written notice of such designation referred to in [section 3704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3704&num=0&edition=prelim) shall be served upon the persons set forth in [section 3708(1) of this title](https://uscode.house.gov/view.xhtml?req
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 3707
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Federal law — U.S. Code and appendices · legal_authorities
Page 1557
TITLE 12—BANKS AND BANKING
§ 3706
section 3706(b) of this title may be applied at the
discretion of the Secretary.
(Pub. L. 97–35, title III, § 364, Aug. 13, 1981, 95
Stat. 423; Pub. L. 98–181, title I [title IV, § 471],
Nov. 30, 1983, 97 Stat. 1237.)
Editorial Notes
AMENDMENTS
1983—Pub. L. 98–181 inserted provision relating to ap-
plication of section 3706(b) of this title in event of fore-
closure under other foreclosure procedures.
§ 3704. Foreclosure commissioner; designation,
duties, etc.
A foreclosure commissioner or commissioners
designated pursuant to this chapter shall have a
nonjudicial power of sale as provided in this
chapter. Where the Secretary is the holder of a
multifamily mortgage, the Secretary may des-
ignate a foreclosure commissioner and, with or
without cause, may designate a substitute fore-
closure commissioner to replace a previously
designated foreclosure commissioner, by exe-
cuting a duly acknowledged, written designation
stating the name and business or residential ad-
dress of the commissioner or substitute commis-
sioner. The designation shall be effective upon
execution. Except as provided in section 3707(b)
of this title, a copy of the designation shall be
mailed with each copy of the notice of default
and foreclosure sale served by mail in accord-
ance with section 3708(1) of this title. The fore-
closure commissioner, if a natural person, shall
be a resident of the State in which the security
property is located and, if not a natural person,
the foreclosure commissioner must be duly au-
thorized to transact business under the laws of
the State in which the security property is lo-
cated. The foreclosure commissioner shall be a
person who is responsible, financially sound and
competent to conduct the
Source: Supplied 2024 U.S. Code historical extraction · 12 U.S.C. § 3705
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