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12 U.S.C. § 1715h — Repealed. Pub. L. 100–242, title IV,
Federal law — U.S. Code and appendices · legal_authorities
Page 593
TITLE 12—BANKS AND BANKING
§ 1715i
this title and subchapter II, VI, VIII, or X of this
chapter, even though the permanent mortgage
financing may not be insured under this chapter,
and in the event the mortgage is not so insured
the Secretary is authorized to charge an addi-
tional application fee determined by him to be
reasonable. The Secretary is authorized to make
such rules and regulations as may be necessary
to carry out the provisions of this section.
(June 27, 1934, ch. 847, title II, § 215, as added Apr.
20, 1950, ch. 94, title I, § 115, 64 Stat. 56; amended
Sept. 1, 1951, ch. 378, title II, § 204, 65 Stat. 303;
Pub. L. 90–19, § 1(a)(3), May 25, 1967, 81 Stat. 17.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning act June 27, 1934, ch. 847, 48 Stat.
1246, which is classified principally to this chapter
(§ 1701 et seq.). For complete classification of this Act
to the Code, see Tables.
AMENDMENTS
1967—Pub. L. 90–19 substituted ‘‘Secretary’’ for ‘‘Com-
missioner’’ wherever appearing.
1951—Act Sept. 1, 1951, inserted a reference to sub-
chapter X of this chapter.
§ 1715g. Insurance of mortgage where mortgagor
is not occupant of property
The Secretary is hereby authorized to insure
any mortgage otherwise eligible for insurance
under any of the provisions of this chapter with-
out regard to any requirement with respect to
the occupancy of the mortgagor of the property
at the time of insurance, where the Secretary is
satisfied that the inability of the mortgagor to
meet such requirement is by reason of his entry
on active duty in a uniformed service subse-
quent to the filing of an application for insur-
ance and the mortgagor expresses an intent to
meet such requir
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Page 593
TITLE 12—BANKS AND BANKING
§ 1715i
this title and subchapter II, VI, VIII, or X of this
chapter, even though the permanent mortgage
financing may not be insured under this chapter,
and in the event the mortgage is not so insured
the Secretary is authorized to charge an addi-
tional application fee determined by him to be
reasonable. The Secretary is authorized to make
such rules and regulations as may be necessary
to carry out the provisions of this section.
(June 27, 1934, ch. 847, title II, § 215, as added Apr.
20, 1950, ch. 94, title I, § 115, 64 Stat. 56; amended
Sept. 1, 1951, ch. 378, title II, § 204, 65 Stat. 303;
Pub. L. 90–19, § 1(a)(3), May 25, 1967, 81 Stat. 17.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning act June 27, 1934, ch. 847, 48 Stat.
1246, which is classified principally to this chapter
(§ 1701 et seq.). For complete classification of this Act
to the Code, see Tables.
AMENDMENTS
1967—Pub. L. 90–19 substituted ‘‘Secretary’’ for ‘‘Com-
missioner’’ wherever appearing.
1951—Act Sept. 1, 1951, inserted a reference to sub-
chapter X of this chapter.
§ 1715g. Insurance of mortgage where mortgagor
is not occupant of property
The Secretary is hereby authorized to insure
any mortgage otherwise eligible for insurance
under any of the provisions of this chapter with-
out regard to any requirement with respect to
the occupancy of the mortgagor of the property
at the time of insurance, where the Secretary is
satisfied that the inability of the mortgagor to
meet such requirement is by reason of his entry
on active duty in a uniformed service subse-
quent to the filing of an application for insur-
ance and the mortgagor expresses an intent to
meet such requirement upon his release from ac-
tive duty.
(June 27, 1934, ch. 847, title II, § 216, as added
Sept. 1, 1951, ch. 378, title VI, § 607, 65 Stat. 315;
amended Pub. L. 90–19, § 1(a)(3), May 25, 1967, 81
Stat. 17; Pub. L. 91–621, § 7(a), Dec. 31, 1970, 84
Stat. 1865; Pub. L. 100–242, title IV, § 406(b)(8),
Feb. 5, 1988, 101 Stat. 1901.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning act June 27, 1934, ch. 847, 48 Stat.
1246, which is classified principally to this chapter
(§ 1701 et seq.). For complete classification of this Act
to the Code, see Tables.
AMENDMENTS
1988—Pub. L. 100–242 substituted ‘‘with respect to the
occupancy of the mortgagor’’ for ‘‘that the mortgagor
be the occupant’’ and ‘‘meet such requirement’’ for ‘‘oc-
cupy the property’’ wherever appearing.
1970—Pub. L. 91–621 substituted ‘‘on active duty in a
uniformed service’’ and ‘‘release from active duty’’ for
‘‘into military service’’ and ‘‘discharge from military
service’’.
1967—Pub. L. 90–19 substituted ‘‘Secretary’’ for ‘‘Com-
missioner’’ wherever appearing.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–242 applicable only with
respect to mortgages insured pursuant to conditional
commitment issued on or after Feb. 5, 1988, or in ac-
cordance with direct endorsement program (24 CFR
200.163), if approved underwriter of mortgagee signs ap-
praisal report for property on or after Feb. 5, 1988, see
section 406(d) of Pub. L. 100–242, set out as a note under
section 1709 of this title.
§ 1715h. Repealed. Pub. L. 100–242, title IV,
§ 401(a)(1), Feb. 5, 1988, 101 Stat. 1898
Section, act June 27, 1934, ch. 847, title II, § 217, as
added Sept. 1, 1951, ch. 378, title VI, § 607, 65 Stat. 315;
amended July 14, 1952, ch. 723, § 2, 66 Stat. 601; June 30,
1953, ch. 170, § 7, 67 Stat. 123; Aug. 2, 1954, ch. 649, title
I, § 121, 68 Stat. 596; Mar. 11, 1955, ch. 10, 69 Stat. 11; Aug.
11, 1955, ch. 783, title I, § 102(f), 69 Stat. 636; Aug. 7, 1956,
ch. 1029, title I, § 106, 70 Stat. 1094; June 4, 1958, Pub. L.
85–442, 72 Stat. 176; Sept. 23, 1959, Pub. L. 86–372, title I,
§ 107, 73 Stat. 657; May 25, 1961, Pub. L. 87–38, 75 Stat. 85;
June 30, 1961, Pub. L. 87–70, title VI, § 604(c), 75 Stat. 177;
Aug. 10, 1965, Pub. L. 89–117, title II, § 202(b), 79 Stat. 465;
Sept. 30, 1969, Pub. L. 91–78, § 2(b), 83 Stat. 125; Dec. 24,
1969, Pub. L. 91–152, title I, § 101(b), 83 Stat. 379; Oct. 2,
1970, Pub. L. 91–432, § 1(b), 84 Stat. 887; Oct. 21, 1970, Pub.
L. 91–473, § 1(b), 84 Stat. 1064; Dec. 1, 1970, Pub. L. 91–525,
§ 1(b), 84 Stat. 1384; Dec. 31, 1970, Pub. L. 91–609, title I,
§ 101(b), 84 Stat. 1770; Oct. 18, 1972, Pub. L. 92–503, § 1(b),
86 Stat. 906; Aug. 10, 1973, Pub. L. 93–85, § 1(b), 87 Stat.
220; Oct. 2, 1973, Pub. L. 93–117, § 1(b), 87 Stat. 421; Aug.
22, 1974, Pub. L. 93–383, title III, § 316(b), 88 Stat. 685;
June 30, 1977, Pub. L. 95–60, § 1(b), 91 Stat. 257; July 31,
1977, Pub. L. 95–80, § 1(b), 91 Stat. 339; Oct. 12, 1977, Pub.
L. 95–128, title III, § 301(b), 91 Stat. 1131; Sept. 30, 1978,
Pub. L. 95–406, § 1(b), 92 Stat. 879; Oct. 31, 1978, Pub. L.
95–557, title III, § 301(b), 92 Stat. 2096; Sept. 28, 1979, Pub.
L. 96–71, § 1(b), 93 Stat. 501; Nov. 8, 1979, Pub. L. 96–105,
§ 1(b), 93 Stat. 794; Dec. 21, 1979, Pub. L. 96–153, title III,
§ 301(b), 93 Stat. 1111; Oct. 3, 1980, Pub. L. 96–372, § 1(b),
94 Stat. 1363; Oct. 8, 1980, Pub. L. 96–399, title III,
§ 301(b), 94 Stat. 1638; Aug. 13, 1981, Pub. L. 97–35, title
III, § 331(b), 95 Stat. 412; Oct. 6, 1982, Pub. L. 97–289,
§ 1(b), 96 Stat. 1230; May 26, 1983, Pub. L. 98–35, § 1(b), 97
Stat. 197; Oct. 1, 1983, Pub. L. 98–109, § 1(b), 97 Stat. 745;
Nov. 30, 1983, Pub. L. 98–181, title I [title IV, § 401(b)], 97
Stat. 1207; Oct. 17, 1984, Pub. L. 98–479, title II,
§ 204(a)(5), 98 Stat. 2232; Oct. 8, 1985, Pub. L. 99–120, § 1(b),
99 Stat. 502; Nov. 15, 1985, Pub. L. 99–156, § 1(b), 99 Stat.
815; Dec. 26, 1985, Pub. L. 99–219, § 1(b), 99 Stat. 1730; Mar.
27, 1986, Pub. L. 99–267, § 1(b), 100 Stat. 73; Apr. 7, 1986,
Pub. L. 99–272, title III, § 3007(b), 100 Stat. 104; May 2,
1986, Pub. L. 99–289, § 1(b), 100 Stat. 412; June 24, 1986,
Pub. L. 99–345, § 1, 100 Stat. 673; Sept. 30, 1986, Pub. L.
99–430, 100 Stat. 986; Sept. 30, 1987, Pub. L. 100–122, § 1,
101 Stat. 793; Nov. 5, 1987, Pub. L. 100–154, 101 Stat. 890;
Nov. 17, 1987, Pub. L. 100–170, 101 Stat. 914; Dec. 3, 1987,
Pub. L. 100–179, 101 Stat. 1018; Dec. 21, 1987, Pub. L.
100–200, 101 Stat. 1327, prohibited (except with respect to
insurance of a loan or mortgage pursuant to section
1703, 1715l, 1715z, 1715z–1, 1715z–9, or 1715z–10 of this title
or subchapter VIII, IX–A, or IX–B of this chapter (sub-
ject to any limitations thereunder on the time of such
insurance)) the insurance of any loan or mortgage
under this chapter after Mar. 15, 1988, except pursuant
to a commitment to insure before such date.
§ 1715i. Repealed. Pub. L. 86–372, title I, § 108,
Sept. 23, 1959, 73 Stat. 657
Section, act June 27, 1934, ch. 847, title II, § 218, as
added July 14, 1952, ch. 723, § 8, 66 Stat. 603, authorized
a credit for application fees paid in cases where an ap-
plication for mortgage insurance under section 1743 of
this title was received on or before March 1, 1950, and
the mortgagee applied for insurance of a mortgage
under section 1713 of this title with respect to the same
property or project.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The penalties set forth in this section shall be in addition to any other available civil remedy or criminal penalty, and may be imposed whether or not the Secretary imposes other administrative sanctions. The Secretary may not impose penalties under this section for violations a material cause of which are the failure of the Department, an agent of the Department, or a public housing agency to comply with existing agreements.
**(b) Penalty for violation of agreement as condition of transfer of physical assets, flexible subsidy loan, capital improvement loan, modification of mortgage terms, or workout agreement**
(1) **In general** — Whenever a mortgagor of property that includes 5 or more living units and that has a mortgage held pursuant to [section 1701q of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1701q&num=0&edition=prelim), who has agreed in writing, as a condition of a transfer of physical assets, a flexible subsidy loan, a capital improvement loan, a modification of the mortgage terms, or a workout agreement, to use nonproject income to make cash contributions for payments due under the note and mortgage, for payments to the reserve for replacements, to restore the project to good physical condition, or to pay other project liabilities, knowingly and materially fails to comply with any of these commitments, the Secretary may impose a civil money penalty on the mortgagor in accordance with the provisions of this section.
(2) **Amount** — The amount of the penalty, as determined by the Secretary, for a violation of this subsection may not exceed the amount of the loss the Secretary would incur at a foreclosure sale, or sale after foreclosure, with respect to the property involved.
**(c) Violation
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