24 C.F.R. § 291.1

Purpose and general requirements

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(a) Purpose. (1) This part governs the acquisition, possession, and disposition of one-to-four family properties acquired by the Federal Housing Administration (FHA) through foreclosure of an insured or Secretary-held mortgage or loan under the National Housing Act, or acquired by HUD under section 204(g) of the National Housing Act (12 U.S.C. 1710(g)). HUD will issue detailed policies and procedures that must be followed in specific areas.

(2) The purpose of the property disposition program is to dispose of properties in a manner that expands homeownership opportunities, strengthens neighborhoods and communities, and ensures a maximum return to the mortgage insurance funds.

(b) Nondiscrimination policy. The requirements set forth in 24 CFR parts 5 and 110 apply to the administration of any activity under this part. In addition, in accordance with 24 CFR 9.155(a), HUD must ensure that its policies and practices in conducting the single family property disposition program do not discriminate on the basis of disability.

[64 FR 6479, Feb. 9, 1999, as amended at 81 FR 53002, Aug. 11, 2016]

Notes of Decisions

Cited in 10 cases (3 in the last 5 years), 2000–2025 · leading case: Sec'y of Hous. & Urban Dev. v. Sky Meadow Ass'n, 117 F. Supp. 2d 970 (C.D. Cal. 2000).

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Sec'y of Hous. & Urban Dev. v. Sky Meadow Ass'n, 117 F. Supp. 2d 970 (C.D. Cal. 2000). · cites it 2× “24 C.F.R. § 291.1 (a)(2). Under the National Housing Act, the Secretary of HUD is authorized to establish a Mutual Mortgage Insurance Fund in order to pay claims to mortgagees (private lenders) who have foreclosed on defaulted FHA-insured loans.”

Guild Mortg. Co. v. Prestwick Court Trust, 293 F. Supp. 3d 1228 (D. Nev. 2018). “See 24 C.F.R. § 291.1 . However, the instant case is distinguishable from these cases in that, here, FHA is not a named party.”

Bank of Am., N.A. v. Hollow De Oro Homeowners Ass'n, 307 F. Supp. 3d 1121 (D. Nev. 2018). “See 24 C.F.R. § 291.1 . At least two courts in this district, including this court, have previously held that the Nevada foreclosure statutes directly conflict with the FHA insurance program, and are therefore preempted.”

Renfroe Vs. Lakeview Loan Serv., LLC, 2017 NV 50 (Nev. 2017). · cites it 2× “" 24 C.F.R. § 291.1 (a)(2) (2015). However, the FHA has repeatedly indicated that its goal remains to "help[ I borrowers retain homeownership while protecting the FHA Insurance Fund from unnecessary losses.”

Renfroe Vs. Lakeview Loan Serv., LLC, 2017 NV 50 (Nev. 2017). “" 24 C.F.R. § 291.1 (a)(2) (2015). However, the FHA has repeatedly indicated that its goal remains to "help[ I borrowers retain homeownership while protecting the FHA Insurance Fund from unnecessary losses.”

Green Tree Servicing LLC v. SFR Investments Pool 1, LLC, 237 F. Supp. 3d 1068 (D. Nev. 2017). “See 24 C.F.R. § 291.1 . Allowing an HOA foreclosure to wipe out a first deed of trust on a federally-insured property thus'interferes with the purposes of the FHA insurance program.”

Bank of Am., N.A. v. Tapestry at Town Ctr. Homeowners Ass'n, 263 F. Supp. 3d 1063 (D. Nev. 2017). “See 24 C.F.R. § 291.1 . Allowing an HOA foreclosure to wipe out a first deed of trust on a federally-insured property thus interferes with the purposes of the FHA insurance program.”

Perkins v. HUD-U.S. Dep't of Hous. & Urban Dev. (E.D. Mich. 2024). “See 24 C.F.R. § 291.1 ; 81 Fed. Reg. 52998 -01, at 52998 (2016).”

Philadelphia Cmty. Dev. Coalition, Inc. v. Wells (E.D. Pa. 2025). “24 C.F.R. § 291.1 (a)(2); see also Sec’y of HUD v.”

— 24 C.F.R. § 291.1(a)(2) — 1 case

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