12 U.S.C. § 1706f

Prohibition against kickbacks and unearned fees

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(a) In general

Except as provided in subsection (b), the provisions of sections 2602, 2607, 2614, 2615, 2616, and 2617 of this title shall apply to each sale of a manufactured home financed with an FHA-insured loan or extension of credit, as well as to services rendered in connection with such transactions.

(b) Authority of the Secretary

The Secretary is authorized to determine the manner and extent to which the provisions of sections 2602, 2607, 2614, 2615, 2616, and 2617 of this title may reasonably be applied to the transactions described in subsection (a), and to grant such exemptions as may be necessary to achieve the purposes of this section.

(c) DefinitionsFor purposes of this section—(1) the term “federally related mortgage loan” as used in sections 2602, 2607, 2614, 2615, 2616, and 2617 of this title shall include an FHA-insured loan or extension of credit made to a borrower for the purpose of purchasing a manufactured home that the borrower intends to occupy as a personal residence; and(2) the term “real estate settlement service” as used in sections 2602, 2607, 2614, 2615, 2616, and 2617 of this title shall include any service rendered in connection with a loan or extension of credit insured by the Federal Housing Administration for the purchase of a manufactured home.(d) Unfair and deceptive practices

In connection with the purchase of a manufactured home financed with a loan or extension of credit insured by the Federal Housing Administration under this subchapter, the Secretary shall prohibit acts or practices in connection with loans or extensions of credit that the Secretary finds to be unfair, deceptive, or otherwise not in the interests of the borrower.

(June 27, 1934, ch. 847, title I, § 10, as added Pub. L. 110–289, div. B, title I, § 2149, July 30, 2008, 122 Stat. 2847.)

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2025–2025 · leading case: Nat'l Ass'n of Indus. Bankers v. Weiser (10th Cir. 2025).

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Nat'l Ass'n of Indus. Bankers v. Weiser (10th Cir. 2025). “See 12 U.S.C. §§ 1706f(c)(1) (“loan or extension of credit made to a borrower”), 1715z-13b(c)(1) (“loan is made only to a borrower”), 1828(o)(3) (“the loan is made to .”

— 12 U.S.C. § 1706f(c)(1) — 1 case

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