24 C.F.R. § 203.369

Deficiency judgments

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(a) Mortgages insured on or after March 28, 1988. (1) For mortgages insured pursuant to firm commitments issued on or after March 28, 1988, or pursuant to direct endorsement processing where the credit worksheet was signed by the mortgagee's underwriter on or after March 28, 1988, the Secretary may require the mortgagee diligently to pursue a deficiency judgment in connection with any foreclosure. With respect to claims filed for insurance benefits on such mortgages, any judgment obtained by the mortgagee must be assigned to the Secretary.

(2) In cases where the Secretary requires the pursuit of a deficiency judgment and provides the mortgagee with the Secretary's estimate of the fair market value of the property, less adjustments, in accordance with § 203.368(e) of this part, the mortgagee must tender a bid at the foreclosure sale in that amount, and must take all other appropriate steps in accordance with State law to obtain a deficiency judgment.

(b) Mortgages insured before March 28, 1988. For mortgages insured pursuant to firm commitments issued before March 28, 1988, or pursuant to direct endorsement processing where the credit worksheet was signed by the mortgagee's underwriter before March 28, 1988, the Secretary may request that the mortgage diligently pursue a deficiency judgment in connection with the foreclosure. With respect to claims filed for insurance benefits on such mortgages, any judgment obtained by the mortgagee must be assigned to the Secretary.

(c) In cases where pursuit of a deficiency judgment is requested or required under this section, the Commissioner, where the Commissioner determines it appropriate under State law requirements, may extend the otherwise applicable period of time within which a deficiency judgment (and other claims against the mortgagor) and related credit documents must be assigned to the Commissioner under § 203.360, § 203.367 or § 203.368 of this subpart.

(d) In addition to meeting the requirements of § 203.356, in cases where the Commissioner determines it necessary because of State law requirements, the Commissioner may also require (or request, as the Commissioner may determine) the mortgagee to provide the Commissioner with notice of the mortgagee's intent to institute foreclosure proceedings a reasonable amount of time before proceedings are instituted, in order that the Commissioner may be able effectively to require or request the mortgagee, in appropriate cases, to seek a deficiency judgment.

(The information collection requirements contained in this section have been approved by the Office of Management and Budget under control number 2535-0093) [53 FR 4387, Feb. 16, 1988, as amended at 57 FR 47972, Oct. 20, 1992; 61 FR 36453, July 10, 1996]

Notes of Decisions

Cited in 4 cases, 1991–2017 · leading case: Laura Zuniga v. Pierce & Assocs., 849 F.3d 348 (7th Cir. 2017).

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Laura Zuniga v. Pierce & Assocs., 849 F.3d 348 (7th Cir. 2017). · cites it 2× “” 24 C.F.R. § 203.369 (a)(1) (emphasis added); see also 24 C.”

Platte Valley Mortg. Corp. v. Bickett, 916 P.2d 631 (Colo. Ct. App. 1996). · cites it 4× “Platte Valley filed a complaint in its own name which alleged, inter alia: The United States Department of Housing and Urban Development has requested Plaintiff to pursue this claim and Plaintiff shall assign the subsequent judgment, if any, to and for the benefit of HUD for…”

Platte Valley Sav. v. Crall, 821 P.2d 305 (Colo. Ct. App. 1991). “24 C.F.R. § 203.369 (b)(1991) authorizes a mortgagee to pursue a deficiency judgment against a defaulting mortgagor under appropriate circumstances.”

Citicorp Mortg., Inc. v. Younger, 856 P.2d 52 (Colo. Ct. App. 1993). · cites it 2× “Citicorp asserts that Crall is not controlling in this case because it has specifically relied on 24 C.F.R. § 203.369 (b) (1992), which provides that the Commissioner of HUD may, “request that the mortgagee diligently pursue a deficiency judgment in connection with the…”

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