24 C.F.R. § 206.140

Inspection and preservation of properties

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The mortgagee, upon learning that a property subject to a mortgage insured under this part is vacant or abandoned, shall be responsible for the inspection of such property at least monthly, if the loan is in a due and payable status. When a mortgage is in due and payable status and efforts to reach the borrower or applicable party by telephone within that period have been unsuccessful, the mortgagee shall be responsible for a visual inspection of the security property to determine whether the property is vacant. The mortgagee shall take reasonable action to protect and preserve such security property when it is determined or should have been determined to be vacant or abandoned until assigned to the Commissioner or an application for insurance benefits is filed, if such action does not constitute an illegal trespass. “Reasonable action” includes the commencement of foreclosure within the time required by § 206.125.

Notes of Decisions

Cited in 2 cases (2 in the last 5 years), 2023–2025 · leading case: Harris v. United States (E.D. Mich. 2025).

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Harris v. United States (E.D. Mich. 2025). · cites it 2× “94 (citing 24 C.F.R. § 206.140 ). In conclusory fashion, they also assert that “[a] private Michigan property owner who allowed such dangerous conditions would be liable in negligence.”

Nassar v. Fin. of Am. (5th Cir. 2023). “See 24 C.F.R. §§ 206.140 , 206.207(a)(1)(ii).”

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