24 C.F.R. § 203.675

Notice to occupants of pending acquisition

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) At least 60 days, but not more than 90 days, before the date on which the mortgagee reasonably expects to acquire title to the property, the mortgagee shall notify the mortgagor and each head of household who is actually occupying a unit of the property of its potential acquisition by HUD. The mortgagee shall send a copy of this notification to the appropriate HUD Field Office.

(b) The notice shall provide a brief summary of the conditions under which continued occupancy is permissible and advise them that:

(1) Potential acquisition of the property by the Secretary is pending;

(2) The Secretary requires that properties be vacant at the time of conveyance to the Secretary, unless the mortgagor or other occupant can meet the conditions for continued occupancy in § 203.670, the habitability criteria in § 203.673, and the eligibility criteria in § 203.674;

(3) An occupant may request permission to remain in occupancy in the event of acquisition of the property by the Secretary by notifying the HUD Field Office in writing, with any required documentation, within 20 days of the date of the mortgagee's notice to the occupant;

(4) If an occupant seeks to qualify for continued occupancy under the illness or injury provisions of § 203.674(a), the occupant shall provide to the HUD Field Office, at the time of the occupant's request for permission to remain in occupancy, documentation to support this claim. Documentation shall include an estimate of the time when the patient could be moved without severely aggravating the illness or injury, and a statement by a State-certified physician establishing the validity of the occupant's claim. HUD may require more than one medical opinion or may arrange an examination by a physician approved by HUD; and

(5) If an occupant fails to make a timely request, the property must be vacated before the scheduled time of acquisition.

(Approved by the Office of Management and Budget under control number 2502-0268) [53 FR 875, Jan. 14, 1988, and 53 FR 8626, Mar. 16, 1988, as amended at 58 FR 54246, Oct. 20, 1993]

Notes of Decisions

Cited in 5 cases, 2012–2015 · leading case: Estep v. Manley Deas Kochalski, LLC, 942 F. Supp. 2d 758 (S.D. Ohio 2013).

Sort: Relevance Newest Treatment

Estep v. Manley Deas Kochalski, LLC, 942 F. Supp. 2d 758 (S.D. Ohio 2013). · cites it 3× “See 24 C.F.R. § 203.675 . These regulations further HUD’s “policy to reduce the inventory of acquired properties in a manner that expands home-ownership opportunities, strengthens neighborhoods and communities, and ensures a maximum return to the mortgage insurance fund.”

Jerry Estep v. Manley Deas Kochalski, LLC, 552 F. App'x 502 (6th Cir. 2014). · cites it 2× “24 C.F.R. § 203.675 (a). The Esteps contend that MDK sent the letter more than ninety days before they reasonably expected Wells Fargo to acquire title.”

Njema v. Wells Fargo Bank, N.A., 124 F. Supp. 3d 852 (D. Minnesota 2015). · cites it 2× “Count 2 alleged that Wells Fargo failed to mail a Notice of Pending Acquisition to Njema, as required by HUD regulations, 24 C.F.R. § 203.675 . 2 Id, ¶¶ 34-36. Njema alleged that if he had received this notice, he would have submitted a Request for Continued Occupancy to HUD,…”

Shelton v. Wells Fargo Bank, N.A. (In re Shelton), 481 B.R. 22 (Bankr. W.D. Mo. 2012). · cites it 2× “Shelton of her right to request an “occupied conveyance” of her Home, in violation of 24 CFR § 203.675 . 15 Wells Fargo asserts that both the breach of contract and breach of the duty of good faith and fair dealing claims, which are based on alleged violations of HUD…”

Annette Clark v. Shapiro & Pickett, LLP, 452 F. App'x 890 (11th Cir. 2012). “On December 6, 2006, pursuant to HUD regulation 24 C.F.R. § 203.675 , S & P sent a letter addressed to the “Occupant” of the *895 mortgaged property.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.