C.F.R. » Title 24 » CHAPTER II—OFFICE OF ASSISTANT SECRETARY FOR HOUSING—FEDERAL HOUSING COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT › SUBCHAPTER B—MORTGAGE AND LOAN INSURANCE PROGRAMS UNDER NATIONAL HOUSING ACT AND OTHER AUTHORITIES › PART 203—SINGLE FAMILY MORTGAGE INSURANCE › Subpart A—Eligibility Requirements and Underwriting Procedures

24 C.F.R. § 203.31

Mortgagor of a principal residence in military service cases

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(a) A mortgage that is otherwise eligible for insurance under any of the provisions of this part may be insured without regard to any requirement contained in this part that the mortgagor occupy the dwelling as a principal residence (as defined in § 203.18(f)(1)) at the time of insurance, or that the mortgagor meet loan-to-value or comparable limitations based on the failure of the mortgagor to meet an occupancy requirement, if:

(1) The Commissioner is satisfied that the inability of the mortgagor to meet the occupancy requirement is by reason of his or her entry into military service after the filing of an application for insurance; and

(2) The mortgagor expresses an intent (in such form as the Commissioner may prescribe), to meet the occupancy requirement upon his or her discharge from the service.

(b) A serviceperson will also be considered to meet the occupancy requirement referred to in paragraph (a) of this section for mortgage insurance purposes, if the following conditions are satisfied:

(1) The serviceperson and his or her family expect to meet the occupancy requirement referred to in paragraph (a) of this section for two or more years. The Commissioner may shorten this period to one year, if (i) the serviceperson's family will occupy the property for at least one year and (ii) the serviceperson is assigned to a combat zone or other hazardous duty area where the family cannot accompany him or her; and

(2) The property is located in an area in which the prospects of resale are reasonable.

(Approved by the Office of Management and Budget under control number 2502-0059) [55 FR 34804, Aug. 24, 1990]
Notes of Decisions
Cited in 1 case, 1978–1978 · leading case: Fed. Nat'l Mortg. Ass'n v. Bryant, 378 N.E.2d 333 (Ill. App. Ct. 1978).
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Fed. Nat'l Mortg. Ass'n v. Bryant, 378 N.E.2d 333 (Ill. App. Ct. 1978). “Title 24 C.F.R. 203.31 provides: “For the purpose of this subpart, the date of default shall be considered as 30 days after— (a) The first uncorrected failure to perform any obligation under the mortgage; or (b) The first failure to make a monthly payment which subsequent…”
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