42 U.S.C. § 8108 — Warnings to homeowners of foreclosure

Page 7537 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8108 1 See References in Text note below. EXPANSION OF NATIONAL NEIGHBORHOOD HOUSING SERVICES NETWORK Pub. L. 101–625, title IX, § 917(a), (b), Nov. 28, 1990, 104 Stat. 4397, provided that: ‘‘(a) FINDINGS.—The Congress finds that— ‘‘(1) protecting the existing stock of unsubsidized privately held lower income housing through the re- habilitation and revitalization of declining neighbor- hoods is essential to a national housing policy that seeks to increase the availability of affordable hous- ing for low- and moderate-income families; ‘‘(2) the Neighborhood Reinvestment Corporation, the anchor of the national neighborhood housing services network, was chartered by Congress more than 10 years ago to revitalize neighborhoods for the benefit of current residents by mobilizing public, pri- vate, and community resources at the neighborhood level; ‘‘(3) the national neighborhood housing services network has proven its worth as a successful cost-ef- fective program relying largely on local initiative for the specific design of local programs; ‘‘(4) the national neighborhood housing services network has had more than 10 years of experience in revitalizing declining neighborhoods, creating hous- ing for low- and moderate-income families, and equip- ping residents with skills and resources required to maintain safe and healthy communities; and ‘‘(5) expanding upon the existing capabilities, re- sources, and potential of the national neighborhood housing services network is a cost-effective response to the affordable housing and neighborhood revital- ization needs confronting the Nation, and is a strong preventive measure in addressing the national trag- edy of homelessness. ‘‘(b) PURPOSE.—It is the purpose of this section [amending this section] to authorize appropriations for the Neighborhood Reinvestment Corporation for fiscal years 1991 and 1992 to permit the corporation— ‘‘(1) to carefully expand the capacities of the na- tional neighborhood housing services network; ‘‘(2) to begin to meet the urgent need for neighbor- hood housing services and mutual housing associa- tions in neighborhoods across the Nation as the effort to preserve affordable housing for low- and moderate- income American families increases; ‘‘(3) to increase and provide ongoing technical and capacity development assistance to neighborhood housing services and related public-private partner- ship-based nonprofit institutions involved in the revi- talization of neighborhoods for the benefit of current residents, rehabilitation, preservation of existing housing stock, and production of additional housing opportunities for low- and moderate-income families; ‘‘(4) to expand the loan purchase capacity of the na- tional neighborhood housing services secondary mar- ket, operated by Neighborhood Housing Services of America, for loans made by neighborhood housing services to residents who are unable to meet conven- tional lending standards, and other loans for commu- nity development purposes; ‘‘(5) to provide increased capacity development and matching grants to preserve existing privately held unsubsidized rental housing affordable to low- and moderate-income households and to create flexible strategies effective in the diverse economic and geo- graphic environments of the Nation; ‘‘(6) to make grants to provide incentives to extend low-income housing use in connection with properties subject to prepayment pursuant to the Low-Income Housing Preservation and Resident Ownership [Homeownership] Act of 1990 [12 U.S.C. 4101 et seq.]; ‘‘(7) to increase the resources available to neighbor- hood housing services network programs for the pur- chase of multifamily and single-family properties owned by the Secretary of Housing and Urban Devel- opment for rehabilitation (if necessary) and sale to low- and moderate-income families; ‘‘(8) to expand the national mutual housing associa- tion demonstration by providing technical assistance and matching grants to assist low- and moderate-in- come families to participate in such associations; ‘‘(9) to increase resources available to neighborhood housing services network programs for foreclosure intervention and prevention; and ‘‘(10) to create additional neighborhood housing services partnership organizations to serve rural communities, Native Americans, Native Hawaiians, and other communities in need.’’ § 8108. Warnings to homeowners of foreclosure rescue scams (a) Assistance to NRC Notwithstanding any other provision of law, of any amounts made available for any fiscal year pursuant to section 1701x(a)(4)(F) of title 12 (as added by section 1444),1 10 percent shall be used only for assistance to the Neighborhood Rein- vestment Corporation for activities, in consulta- tion with servicers of residential mortgage loans, to provide notice to borrowers under such loans who are delinquent with respect to pay- ments due under such loans that makes such borrowers aware of the dangers of fraudulent ac- tivities associated with foreclosure. (b) Notice The Neighborhood Reinvestment Corporation, in consultation with servicers of residential mortgage loans, shall use the amounts provided pursuant to subsection (a) to carry out activi- ties to inform borrowers under residential mort- gage loans— (1) that the foreclosure process is complex and can be confusing; (2) that the borrower may be approached during the foreclosure process by persons re- garding saving their home and they should use caution in any such dealings; (3) that there are Federal Government and nonprofit agencies that may provide informa- tion about the foreclosure process, including the Department of Housing and Urban Devel- opment; (4) that they should contact their lender im- mediately, contact the Department of Housing and Urban Development to find a housing counseling agency certified by the Department to assist in avoiding foreclosure, or visit the Department’s website regarding tips for avoid- ing foreclosure; and (5) of the telephone number of the loan servicer or successor, the telephone number of the Department of Housing and Urban Devel- opment housing counseling line, and the Uni- form Resource Locators (URLs) for the De- partment of Housing and Urban Development Web sites for housing counseling and for tips for avoiding foreclosure. (Pub. L. 111–203, title XIV, § 1452, July 21, 2010, 124 Stat. 2177.) Editorial Notes REFERENCES IN TEXT Section 1444, referred to in subsec. (a), means section 1444 of Pub. L. 111–203. CODIFICATION Section was enacted as part of the Expand and Pre- serve Home Ownership Through Counseling Act and Page 7538 TITLE 42—THE PUBLIC HEALTH AND WELFARE §§ 8121 to 8124 also as part of the Mortgage Reform and Anti-Preda- tory Lending Act and as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act, and not as part of the Neighborhood Reinvestment Corporation Act which comprises this subchapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date on which final regula- tions implementing such section take effect, or on the date that is 18 months after the designated transfer date if such regulations have not been issued by that date, see section 1400(c) of Pub. L. 111–203, set out as an Effective Date of 2010 Amendment note under section 1601 of Title 15, Commerce and Trade. SUBCHAPTER II—NEIGHBORHOOD SELF- HELP DEVELOPMENT §§ 8121 to 8124. Repealed. Pub. L. 97–35, title III, § 313(a), Aug. 13, 1981, 95 Stat. 398 Section 8121, Pub. L. 95–557, title VII, § 702, Oct. 31, 1978, 92 Stat. 2119, set forth congressional findings and statement of purposes for neighborhood self-help devel- opment programs. Section 8122, Pub. L. 95–557, title VII, § 703, Oct. 31, 1978, 92 Stat. 2120, defined terms applicable to sub- chapter. Section 8123, Pub. L. 95–557, title VII, § 704, Oct. 31, 1978, 92 Stat. 2120; Pub. L. 96–153, title I, § 107(b), Dec. 21, 1979, 93 Stat. 1104, set forth provisions respecting grants and other forms of assistance. Section 8124, Pub. L. 95–557, title VII, § 705, Oct. 31, 1978, 92 Stat. 2121; Pub. L. 96–153, title I, § 107(a), Dec. 21, 1979, 93 Stat. 1104; Pub. L. 96–399, title I, § 115, Oct. 8, 1980, 94 Stat. 1623, related to authorization of appropria- tions for grants. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Sections 8121 to 8124 repealed effective Oct. 1, 1981, see section 371 of Pub. L. 97–35, set out as an Effective Date note under section 3701 of Title 12, Banks and Banking. SUBCHAPTER III—LIVABLE CITIES § 8141. Congressional findings The Congress finds and declares— (1) that artistic, cultural, and historic re- sources, including urban design, constitute an integral part of a suitable living environment for the residents of the Nation’s urban areas, and should be available to all residents of such areas, regardless of income; (2) that the development or preservation of such resources is a significant and necessary factor in restoring and maintaining the vital- ity of the urban environment, and can serve as a catalyst for improving decaying or deterio- rated urban communities and expanding eco- nomic opportunities, and for creating a sense of community identity, spirit, and pride; and (3) that the encouragement and support of local initiatives to develop or preserve such resources, particularly in connection with fed- erally assisted housing or community develop- ment activities or in communities with a high proportion of low-income residents, is an ap- propriate function of the Federal Government. (Pub. L. 95–557, title VIII, § 802, Oct. 31, 1978, 92 Stat. 2122.) Statutory Notes and Related Subsidiaries SHORT TITLE For short title of this subchapter as the ‘‘Livable Cit- ies Act of 1978’’, see section 801 of Pub. L. 95–557, set out as a note under section 8101 of this title. § 8142. Statement of purpose The primary purpose of this subchapter is to assist the efforts of States, local governments, neighborhood and other organizations to provide a more suitable living environment, expand cul- tural opportunities, and to the extent prac- ticable, stimulate economic opportunities, pri- marily for the low and moderate income resi- dents of communities and neighborhoods in need of conservation and revitalization, through the utilization, design or development of artistic, cultural, or historic resources. (Pub. L. 95–557, title VIII, § 803, Oct. 31, 1978, 92 Stat. 2122.) § 8143. Definitions For the purpose of this subchapter— (1) the terms ‘‘art’’ and ‘‘arts’’ include, but are not limited to, architecture (including preservation, restoration, or adaptive use of existing structures), landscape architecture, urban design, interior design, graphic arts, fine arts (including painting and sculpture), performing arts (including music, drama, and dance), literature, crafts, photography, com- munications media and film, as well as other similar activities which reflect the cultural heritage of the Nation’s communities and their citizens; (2) the term ‘‘nonprofit organization’’ means an organization in which no part of its net earnings inures to the benefit of any private stockholder or stockholders, individual or in- dividuals and, if a private entity, which is not disqualified for tax exemption under section 501(c)(3) of title 26 by reason of attempting to influence legislation and does not participate in or intervene in (including the publishing or distribution of statements) any political cam- paign on behalf of any candidate for public of- fice; such organizations may include States and units of local government (including pub- lic agencies or special authorities thereof), re- gional organizations of local governments and nonprofit societies, neighborhood groups, in- stitutions, organizations, associations or mu- seums; (3) the term ‘‘project’’ means a program or activity intended to carry out the purposes of this subchapter, including programs for neigh- borhood and community-based arts programs, urban design, user needs design, and the en- couragement of the preservation of historic or other structures which have neighborhood or community significance; (4) the term ‘‘Secretary’’ means the Sec- retary of Housing and Urban Development; (5) the term ‘‘Chairman’’ means the Chair- man of the National Endowment for the Arts; (6) the term ‘‘Department’’ means the De- partment of Housing and Urban Development; and (7) the term ‘‘Endowment’’ means the Na- tional Endowment for the Arts.