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12 U.S.C. § 1735c — Experimental housing insurance

Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1735c — Experimental housing insurance

**(a) Purpose; authorization** (1) In order to assist in lowering housing costs and improving housing standards, quality, livability, or durability or neighborhood design through the utilization of advanced housing technology, or experimental property standards, the Secretary is authorized to insure and to make commitments to insure, under this section, mortgages (including home improvement loans, and including advances on mortgages during construction) secured by properties including dwellings involving the utilization and testing of advanced technology in housing design, materials, or construction, or experimental property standards for neighborhood design if the Secretary determines that (A) the property is an acceptable risk, giving consideration to the need for testing advanced housing technology or experimental property standards, (B) the utilization and testing of the advanced technology or experimental property standards involved will provide data or experience which the Secretary deems to be significant in reducing housing costs or improving housing standards, quality, livability, or durability, or improving neighborhood design, and (C) the mortgages are eligible for insurance under the provisions of this section and under any further terms and conditions which may be prescribed by the Secretary to establish the acceptability of the mortgages for insurance. (2) The Secretary is further authorized to insure and to make commitments to insure, under this section, mortgages (including advances on mortgages during construction) secured by properties in projects to be carried out in accordance with plans approved by the Secretary under [section 1701z of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1701z&num=0&edition=preli

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1735c

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Stable record: federal_law:legal_authorities:record_usc_f5b0f3451b7b84b9e3497337
Source file: Laws/federal/codes/united-states-code/title-12/section-1735c-experimental-housing-insurance--85f3cf0fb3.md
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Passage SHA-256: 92b6b556433a57966586e8db57daf2c928a579dd3613d2d6348a16a5ad31b260

Source location: Title 12, Chapter 13, § 1735c; chapter-013-national-housing.md

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**(a) Purpose; authorization** (1) In order to assist in lowering housing costs and improving housing standards, quality, livability, or durability or neighborhood design through the utilization of advanced housing technology, or experimental property standards, the Secretary is authorized to insure and to make commitments to insure, under this section, mortgages (including home improvement loans, and including advances on mortgages during construction) secured by properties including dwellings involving the utilization and testing of advanced technology in housing design, materials, or construction, or experimental property standards for neighborhood design if the Secretary determines that (A) the property is an acceptable risk, giving consideration to the need for testing advanced housing technology or experimental property standards, (B) the utilization and testing of the advanced technology or experimental property standards involved will provide data or experience which the Secretary deems to be significant in reducing housing costs or improving housing standards, quality, livability, or durability, or improving neighborhood design, and (C) the mortgages are eligible for insurance under the provisions of this section and under any further terms and conditions which may be prescribed by the Secretary to establish the acceptability of the mortgages for insurance. (2) The Secretary is further authorized to insure and to make commitments to insure, under this section, mortgages (including advances on mortgages during construction) secured by properties in projects to be carried out in accordance with plans approved by the Secretary under [section 1701z of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1701z&num=0&edition=prelim). **(b) Eligibility for insurance; conditions; limits** To be eligible for insurance under this section, a mortgage shall meet the requirements of one of the other sections or subchapters of this chapter; except that, in lieu of determining the appraised value or the replacement cost of the property in cases involving new construction or the estimated cost of repair and rehabilitation or improvement in cases involving existing properties, the Secretary shall estimate the cost of replacing the property using comparable conventional design, materials, and construction, and any limitation upon the maximum mortgage amount available to a nonoccupant owner shall not, in the discretion of the Secretary, be applicable to mortgages insured under this section. **(c) Contracts, agreements, and financial undertakings with mortgagor** The Secretary may enter into such contracts, agreements, and financial undertakings with the mortgagor and others as he deems necessary or desirable to carry out the purposes of this section, and may expend available funds for such purposes, including the correction (when he determines it necessary to protect the occupants), at any time subsequent to insurance of a mortgage, of defects or failures in the dwellings which the Secretary finds are caused by or related to the advanced housing technology utilized in their design or construction or experimental property standards. Any authority which the Secretary may exercise in connection with a mortgage, or property covered by a mortgage, insured under any other section of this subchapter (including payments to reduce rentals for, or to facilitate homeownership by, lower income families) may be exercised in connection with a mortgage, or property covered by a mortgage, meeting the requirements of such other section (except as specified in subsection (b)), which is insured under this section to the same extent and in the same manner as if the mortgage insured under this section was insured under such other section. **(d) Investigations and analysis of data; publication and distribution of reports** The Secretary may make such investigations and analyses of data, and publish and distribute such reports, as he determines to be necessary or desirable to assure the most beneficial use of the data and information to be acquired as a result of this section. **(e) Entitlement to insurance benefits** Any mortgagee or lender under a mortgage insured under subsection (b) shall be entitled to insurance benefits determined in the same manner as such benefits would be determined if such mortgage or loan were insured under the section or subchapter of this chapter for which it otherwise would have been eligible except for the experimental feature of the property involved. **(f) Defaults; payment in cash or debentures; acquisition of mortgage** Notwithstanding the provisions of subsection (e) of this section, in the case of default on any mortgage insured under this section, the Secretary in his discretion, in accordance with such regulations as he may prescribe, may make payments pursuant to such subsections in cash or in debentures (as provided in the mortgage insurance contract), or may acquire the mortgage loan and the security therefor upon payment to the mortgagee in cash or in debentures (as provided in the mortgage insurance contract) of a total amount equal to the unpaid principal balance of the loan plus any accrued interest and any advances approved by the Secretary made previously by the mortgagee under the provisions of the mortgage. After the acquisition of the mortgage by the Secretary the mortgagee shall have no further rights, liabilities, or obligations with respect to the mortgage. The appropriate provisions of sections 1710 and 1713 of this title relating to the issuance of debentures shall apply with respect to debentures issued under this subsection, and the appropriate provisions of sections 1710 and 1713 of this title relating to the rights, liabilities, and obligations of a mortgagee shall apply with respect to the Secretary when he has acquired an insured mortgage under this subsection, in accordance with and subject to regulations (modifying such provisions to the extent necessary to render their application for such purposes appropriate and effective) which shall be prescribed by the Secretary, except that as applied to mortgages insured under this section (1) all references in [section 1710 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1710&num=0&edition=prelim) to the Mutual Mortgage Insurance Fund or the Fund shall be construed to refer to the General Insurance Fund, and (2) all references in [section 1710 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1710&num=0&edition=prelim) to [section 1709 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1709&num=0&edition=prelim) shall be construed to refer to this section. If the insurance payment is made in cash, there shall be added to such payment an amount equivalent to the interest which the debentures would have earned, computed to a date to be established pursuant to regulations issued by the Secretary.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1710 — Repealed. Aug. 2, 1954, ch. 649, title VIII, § 813, 68 Stat. 647

### Statutory Notes Section, acts Apr. 20, 1950, ch. 94, title V, § 504, 64 Stat. 81; Sept. 1, 1951, ch. 378, title VI, § 613(a), 65 Stat. 316; June 30, 1953, ch. 170, § 23, 67 Stat. 127, related to control of charges and fees, imposed by lenders upon builders and purchasers in connection with home loans, by the Federal Housing Commissioner and the Administrator of Veterans’ Affairs.

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1710

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1713 — Right to redeem property on which United States has lien

The right to redeem provided for by [section 2410(c) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2410/c&num=0&edition=prelim), shall not arise in any case in which the subordinate lien or interest of the United States derives from the issuance of insurance under the National Housing Act, as amended [[12 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1701&num=0&edition=prelim) et seq.].

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1713

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1701z — Payment of insurance benefits

The mortgagee shall be entitled to receive the benefits of the insurance under this subchapter in the manner provided in subsection (g) of [section 1713 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1713&num=0&edition=prelim) with respect to mortgages insured under that section. For such purpose the provisions of subsections (g), (h), (i), (j), (k), (l), and (n) of such section 1713 shall apply to mortgages insured under this subchapter and all references in such subsections to such section 1713 shall be deemed to refer to this subchapter.

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1701z

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1709 — Transfer of New Communities Fund assets and liabilities

The Secretary shall transfer all assets and liabilities of the fund established pursuant to section 717 of the Housing and Urban Development Act of 1970, as amended ([42 U.S.C. 4518](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4518&num=0&edition=prelim)), to the Revolving fund (liquidating programs) established pursuant to title II of the Independent Offices Appropriation Act, 1955, as amended ([12 U.S.C. 1701g–5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1701g-5&num=0&edition=prelim)).

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1709

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1701b — Authorization of appropriations for General and Special Risk Insurance Funds

There are authorized to be appropriated such sums as may be necessary for each of fiscal years 1994 and 1995, to be allocated in any manner that the Secretary determines appropriate, for the following costs incurred in conjunction with programs authorized under the General Insurance Fund, as provided by [section 1735c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1735c&num=0&edition=prelim), and the Special Risk Insurance Fund, as provided by [section 1715z–3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1715z-3&num=0&edition=prelim): (1) The cost to the Government, as defined in section 661a 11 See References in Text note below. of title 2, of new insurance commitments. (2) The cost to the Government, as defined in section 661a 1 of title 2, of modifications to existing loans, loan guarantees, or insurance commitments. (3) The cost to the Government, as defined in section 661a 1 of title 2, of loans provided under [section 1701z–11(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1701z–11/f&num=0&edition=prelim). (4) The costs of the rehabilitation of multifamily housing projects (as defined in [section 1701z–11(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1701z–11/b&num=0&edition=prelim)) upon disposition by the Secretary.

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1701b

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1701d–1, 1701d–2 — Repealed. Pub. L. 89–117, title XI, § 1108(aa), Aug. 10, 1965, 79 Stat. 507

### Statutory Notes Section, act June 27, 1934, ch. 847, title VI, § 602, as added Mar. 28, 1941, ch. 31, § 1, 55 Stat. 55; amended May 26, 1942, ch. 319, § 14(b) 56 Stat. 305; June 30, 1947, ch. 166, title II, § 206(l), 61 Stat. 208; 1947 Reorg. Plan No. 3, § 3, eff. July 27, 1947, 12 F.R. 4981, 61 Stat. 954; Apr. 20, 1950, ch. 94, title I, § 122, 64 Stat. 59, created the War Housing Insurance Fund. For establishment of the General Insurance Fund, see [section 1735c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1735c&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1701d–1, 1701d–2

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1701d–4 — Mortgage insurance benefits

**(a) Conveyance and assignment by mortgagee after foreclosure; debentures and certificates of claim; cost of foreclosure** In any case in which the mortgagee under a mortgage insured under [section 1738 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1738&num=0&edition=prelim) shall have foreclosed and taken possession of the mortgaged property, in accordance with regulations of, and within a period to be determined by, the Secretary, or shall, with the consent of the Secretary, have otherwise acquired such property from the mortgagor after default, the mortgagee shall be entitled to receive the benefit of the insurance as hereinafter provided, upon (1) the prompt conveyance to the Secretary of title to the property which meets the requirements of rules and regulations of the Secretary in force at the time the mortgage was insured, and which is evidenced in the manner prescribed by such rules and regulations; and (2) the assignment to him of all claims of the mortgagee against the mortgagor or others, arising out of the mortgage transaction or foreclosure proceedings, except such claims as may have been released with the consent of the Secretary. Upon such conveyance and assignment the obligation of the mortgagee to pay the premium charges for insurance shall cease and the Secretary shall, subject to the cash adjustment hereinafter provided, issue to the mortgagee debentures having a total face value equal to the value of the mortgage and a certificate of claim, as hereinafter provided. For the purposes of this subsection, the value of the mortgage shall be determined, in accordance with rules and regulations prescribed by the Secretary, by adding to the amount of the original principal obligation of the mortgage which was unp

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1701d–4

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1701g–4 — Insurance of mortgages

**(a) Additional authorization; advances during construction** In addition to mortgages insured under [section 1738 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1738&num=0&edition=prelim), the Secretary is authorized to insure mortgages as defined in [section 1736 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1736&num=0&edition=prelim) (including advances on such mortgages during construction) which are eligible for insurance as hereinafter provided. **(b) Eligibility requirements** To be eligible for insurance under this section a mortgage shall meet the following conditions: (1) The mortgaged property shall be held by a mortgagor approved by the Secretary. The Secretary may, in his discretion, require such mortgagor to be regulated or restricted as to rents or sales, charges, capital structure, rate of return, and methods of operation. The Secretary may make such contracts with, and acquire for not to exceed $100 stock or interest in any such mortgagor, as the Secretary may deem necessary to render effective such restriction or regulation. Such stock or interest shall be paid for out of the General Insurance Fund, and shall be redeemed by the mortgagor at par upon the termination of all obligations of the Secretary under the insurance. (2) Preference or priority of opportunity in the occupancy of the mortgaged property for veterans of World War II and their immediate families, and for hardship cases as defined by the Secretary, shall be provided under such regulations and procedures as may be prescribed by the Secretary. (3) The mortgage shall involve a principal obligation in an amount— (A) not to exceed $5,000,000; and (B) not to exceed 90 per centum of the amount wh

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1701g–4

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1701j–3 — Payment of claims; assignment of benefits by investors

If in any operating year the net income of a project insured under this subchapter is less than the aggregate of the minimum annual amortization charge and the insured annual return, the Secretary, upon submission by the investor of a claim for the payment of the amount of the difference between such net income and the aggregate of the minimum annual amortization charge and the insured annual return and after proof of the validity of such claim, shall pay to the investor, in cash from the General Insurance Fund, the amount of such difference, as determined by the Secretary, but not exceeding, in any event, an amount equal to the aggregate of the minimum annual amortization charge and the insured annual return. Nothing contained in this subchapter or any other provision of law shall be construed as preventing or restricting an investor from assigning, pledging, or otherwise transferring or disposing of, subject to rules and regulations of the Secretary, any or all rights, claims, or other benefits under any insurance contract made pursuant to this subchapter to an assignee, pledgee, or other transferee, including the holders (or the trustee for such holders) of any debentures issued by the investor in connection with the project to which such insurance contract relates, and the Secretary is authorized to pay claims or issue debentures in accordance with the provisions of this section and [section 1747g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1747g&num=0&edition=prelim) to any such assignee, pledgee, or other transferee.

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1701j–3

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1701k — Debentures

**(a) Acquisition of project by Secretary; issuance of debentures** If the aggregate of the amounts paid to the investor pursuant to [section 1747f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1747f&num=0&edition=prelim) with respect to a project insured under this subchapter shall at any time equal or exceed 15 per centum of the established investment, the Secretary thereafter shall have the right, after written notice to the investor of his intentions so to do, to acquire, as of the first day of any operating year, such project in consideration of the issuance and delivery to the investor of debentures having a total face value equal to 90 per centum of the outstanding investment for such operating year. In any such case the investor shall be obligated to convey to said Secretary title to the project which meets the requirements of the rules and regulations of the Secretary in force at the time the insurance contract was executed and which is evidenced in the manner prescribed by such rules and regulations, and, in the event that the investor fails so to do, said Secretary may, at his option, terminate the insurance contract. **(b) Relinquishment of project by investor** If in any operating year the aggregate of the differences between the operating expenses (exclusive of any premium charges previously waived hereunder) and the gross income for the preceding operating years, less the aggregate of any deficits in such operating expenses reimbursed from excess earnings as hereinbefore provided, shall at any time equal or exceed 5 per centum of the established investment, the investor shall thereafter have the right, after written notice to the Secretary of his intention so to do, to convey to the Secretary, as of the first

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1701k

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