12 U.S.C. § 1707
Definitions
2008—Subsec. (a). Pub. L. 110–289, § 2117(b), inserted “(A)” before “a first mortgage”, substituted “(B) a first mortgage on a leasehold on real estate (i)” for “or on a leasehold (1)” and “, or (ii)” for “or (2)”, and inserted “, or (C) a first mortgage given to secure the unpaid purchase price of a fee interest in, or long-term leasehold interest in, real estate consisting of a one-family unit in a multifamily project, including a project in which the dwelling units are attached, or are manufactured housing units, semi-detached, or detached, and an undivided interest in the common areas and facilities which serve the project” before semicolon.
Subsec. (d). Pub. L. 110–289, § 2120(c), substituted “the Commonwealth of the Northern Mariana Islands” for “the Trust Territory of the Pacific Islands”.
Subsec. (g). Pub. L. 110–289, § 2117(c), added subsec. (g).
1996—Subsecs. (e), (f). Pub. L. 104–204 added subsecs. (e) and (f).
1983—Subsec. (d). Pub. L. 98–181 inserted “American Samoa,” after “Pacific Islands,”.
1980—Subsec. (a). Pub. L. 96–399 substituted “ten years to run beyond the maturity date of the mortgage” for “fifty years to run from the date the mortgage was executed”.
1969—Subsec. (d). Pub. L. 91–152 inserted “the Trust Territory of the Pacific Islands” after “Guam”.
1967—Subsec. (b). Pub. L. 90–19 substituted “Secretary” for “Commissioner”.
1960—Subsec. (d). Pub. L. 86–624 struck out “Hawaii,” before “Puerto Rico”.
1959—Subsec. (d). Pub. L. 86–70 struck out “Alaska,” before “Hawaii”.
1952—Subsec. (d). Act
1950—Act
1941—Subsec. (a). Act
Subsec. (d). Act
1938—Subsec. (a)(2). Act
Subsec. (c). Act
Pub. L. 102–550, title V, subtitle C,
Section 541 of Pub. L. 102–550 was transferred and is set out as a note under section 1701 of this title;
Section 542 of Pub. L. 102–550 was transferred to section 1715z–22 of this title;
Section 543 of Pub. L. 102–550, as amended by Pub. L. 111–203, title III, § 371,
Section 544 of Pub. L. 102–550 was transferred to section 1715z–22a of this title.
Notes of Decisions
Cited in 33
cases, 1948–2019 · leading case: Commonwealth State Employees' Ret. Fund v. Roane, 14 B.R. 542 (E.D. Pa. 1981).
Commonwealth State Employees' Ret. Fund v. Roane, 14 B.R. 542 (E.D. Pa. 1981). “The mortgage was federally insured by the FHA under the National Housing Act, 12 U.S.C. §§ 1707 to 1715z-ll. Fidelity thereafter assigned the mortgage to Retirement Fund.”
United States v. Stadium Apts., Inc., 425 F.2d 358 (9th Cir. 1970). “2d 380, 381 , arising under the National Housing Act, Title II, 12 U.S.C. § 1707 ff. we held: “But we do find it to be clear that the source of the law governing the relations between the United States and the parties to the mortgage here involved is federal.”
Aetna Cas. & Sur. Co. v. United States, 228 Ct. Cl. 146 (Ct. Cl. 1981). “§§ 1715z-l(j)(2)(C) and 1715z-3(a)(2) (second sentence), which together indicate the relevant definition is that of 12 U.S.C. § 1707 (b). That definition, if anything, provides further support for our conclusion for it requires the Secretary to approve all successor mortgagees.”
Paz v. Pennsylvania Hous. Fin. Agency, 722 A.2d 762 (Pa. Commw. Ct. 1999). “The mortgage originated as insured by the Federal Housing Authority (FHA) under Title II of the National Housing Act, 12 U.S.C. §§ 1707 - 1715z-18. The FHA falls within the authority of the Department of Housing and Urban Development (HUD).”
Am. Fid. Fire Ins. v. Construcciones Werl, Inc., 407 F. Supp. 164 (D.V.I. 1975). “9 This definition, it should be noted, in fact mirrors the definition of “mortgagee” found in 12 U.S.C. §§ 1707 , 1713(a) and 1715z-l(j) (2) (C), and the regulations issued thereunder, to wit: 24 C.”
United States of Am., & Cross-Appellee v. Ekelman & Assocs., Inc., & Ekelman & Assocs., Inc., Cross-Appellants, 532 F.2d 545 (6th Cir. 1976). “, as well as the insurance by the Federal Housing Administration (“FHA”) of another loan pursuant to the National Housing Act, as amended, 12 U.S.C. § 1707 et seq. Allegedly, the loans went into default causing the VA and FHA to expend funds in fulfilling the obligations which…”
Travelers Indem. Co. v. First Nat'l State Bank, 328 F. Supp. 208 (D.N.J. 1971). “Title 12 U.S.C. § 1707 (b) provides: “The term ‘mortgagee’ includes the original lender under a mortgage, and his successors and assigns approved by the Secretary; and the term ‘mortgagor’ includes the original borrower under the mortgage and his successors and assigns.”
Bennett Constr. Co. Inc. v. Allen Gardens, Inc., 433 F. Supp. 825 (W.D. Mo. 1977). “” It should also be noted that the definition of “mortgagee” in 12 U.S.C. §§ 1707 and 1713(a) encompasses the original lender and his successors and assigns.”
Commonwealth of Pennsylvania State Employes' Ret. Fund v. Roane (In Re Roane), 8 B.R. 997 (Bankr. E.D. Pa. 1981). “See 12 U.S.C. § 1707 et seq. Apparently, FHA loans are now handled by the Department of Housing and Urban Development.”
Martin v. North Carolina Hous. Corp., 175 S.E.2d 665 (N.C. 1970). “True, the 1969 Act contemplates federal assistance under certain of the various provisions for federal mortgage insurance ( 12 U.S.C.A. §§ 1707 -1715z) and perchance the purchase by some federal corporation or agency of the Corporation's tax-exempt bonds.”
Amt Cadc Venture, LLC v. 455 Cpw, L.L.C., 45 Misc. 3d 176 (N.Y. Sup. Ct. 2013). “” ( 12 USC § 1707 [a].) If Real Property Law § 339-z’s legislative terms were ambiguous, then principles of statutory construction would dictate reading Real Property Law § 339-z together with 12 USC § 1707 (a), relating to the same subject, unless clear legislative intent…”
Shirk v. JPmorgan Chase Bank, N.A. (In Re Shirk), 437 B.R. 592 (Bankr. S.D. Ohio 2010). “2005) (no express or implied right of action under 12 U.S.C. § 1707 et seq.); Mertan v. Am. Home Mortg.”
Fralin & Waldron, Inc. v. City of Martinsville, Virginia, 493 F.2d 481 (4th Cir. 1974). “12 U.S.C. § 1707 et seq. The detailed facts of this case, as well as the controlling law, are ably discussed in the opinion of the learned trial judge, and we agree with it entirely.”
Jean Caramico, Plaintiffs-Appellants-Appellees v. The Sec'y of the Dep't of Hous. & Urban Dev., Defendants-Appellees-Appellants, 509 F.2d 694 (2d Cir. 1974). “The prime beneficiaries probably were the mortgagees who had their interests insured under 12 U.S.C. §§ 1707 et seq., and the mortgagors who were able thereby to obtain a mortgage.”
Bennett v. Donovan, 797 F. Supp. 2d 69 (D.D.C. 2011). “The HECM statute adopts the definitions of “mortgagee” and “mortgagor” contained in 12 U.S.C. § 1707 . Id. § 1715z-20(b)(2). Thus, the term “mortgagee” includes “the original lender under a mortgage, and his successors and assigns approved by the Secretary,” and “mortgagor”…”
Burroughs v. Hills, 564 F. Supp. 1007 (N.D. Ill. 1983). “In insuring and eventually acquiring the property in question, HUD was acting pursuant to the NHA, more specifically, the mortgage insurance provisions of the NHA, 12 U.S.C. § 1707 et seq. The policies and goals of the subchapter on mortgage insurance as well as other federal…”
United States v. Schlesinger, 88 F. Supp. 2d 431 (D. Maryland 2000). “In general, Section 207 of the National Housing Act (the “NHA”), see generally 12 U.S.C.A. §§ 1707 - 1715z-20 (West 1989 & 1999 Supp.”
In Re Mansion House Ctr. South Redevelopment Co., 5 B.R. 826 (E.D. Mo. 1980). “Upon default by the borrower under the mortgage, the mortgagee has two options: it may foreclose and turn over the property to HUD in return for the insurance benefits, or it may assign the mortgage to HUD in return for the benefits.”
Parker v. Averett, 151 S.E.2d 475 (Ga. Ct. App. 1966). “Further, assuming that this court takes judicial notice that the term “FHA financing” means mortgage insurance on loans made in connection with home purchases under rules and regulations approved by the Commissioner of the Federal Housing Administration (12 USCA § 1707 et seq.”
Pankow Constr. Co. v. Advance Mortg. Corp., 618 F.2d 611 (9th Cir. 1980). “, 12 U.S.C. §§ 1707 (a), 17151(d)(2); 24 C.”
City of Sacramento v. Sec'y of Hous. & Urban Dev., 363 F. Supp. 736 (E.D. Cal. 1972). “(insurance for loans made to renovate existing structures) ; subchapter II, 12 U.S.C. § 1707 et seq. (basic mortgage insurance for single family homes) ; subchapter VI, 12 U.”
Chicago Title Ins. v. Sherred Vill. Assocs., 544 F. Supp. 320 (D. Me. 1982). “§§ 1709 (a), 1715z-1(j)(1), and contend that the statutory definition of “mortgage” as a “first mortgage,” 12 U.S.C. § 1707 (a), requires the application of a uniform federal rule of priority.”
City of Milwaukee v. Universal Mortg. Corp., 692 F. Supp. 992 (E.D. Wis. 1988). “, allows the United States Department of Housing and Urban Development (“HUD”) to insure mortgage loans by private lending institutions on single-family homes for low and moderate income families. Responsibility for the processing of borrower applications for HUD-insured…”
Fralin & Waldron, Inc. v. City of Martinsville, Va., 370 F. Supp. 185 (W.D. Va. 1973). “12 U.S.C. § 1707 et seq. 2 . Section VIII.”
Chicago Title Ins. v. Sherred Vill. Assocs., 708 F.2d 804 (1st Cir. 1983). “See 12 U.S.C. § 1707 (a); 24 CFR §§ 203 .-17(a), 207.”
Resolution Trust Corp. v. Buchanan, 637 A.2d 1020 (Pa. Super. Ct. 1994). “(2) The property securing the mortgage is not a one or two-family owner-occupied residence.”
Ins. Co. of the West v. United Sec. Bank CA5 (Cal. Ct. App. 2016). “( 12 U.S.C. §§ 1707 -1715z-20.) It defines “‘maturity date’” as “the date on which the mortgage indebtedness would be extinguished if paid in accordance with periodic payments provided for in the mortgage.”
Hall v. United States Dep't of Hous. & Urban Dev. (In re Hall), 55 B.R. 207 (Bankr. E.D. Pa. 1985). “12 U.S.C. § 1707 , et seq., and federal regulations promulgated thereunder, 24 C.”
South Texas Mortg. Corp. v. United States Dep't of Hous. & Urban Dev., 163 F. App'x 321 (5th Cir. 2006). “Background Pursuant to Title II of the National Housing Act, 12 U.S.C. §§ 1707 et seq., the Federal Housing Administration (“FHA”), an entity within the Department of Housing and Urban Development (“HUD”), administers a program to insure private lenders (“mortgagees”) against…”
Cedar Band of Paiutes v. Dep't of Hous. & Urban Dev. (D. Utah 2019). “in two years of closing of the transaction by attorneys for the Governmental Entity stating [that]: the attorney has reviewed the Governmental Entity’s downpayment assistance program; and either the Governmental Entity is considered within the jurisdiction in which the Property…”
Sadowski v. Gen. Disc. Corp., 81 F. Supp. 381 (E.D. Mich. 1948). “In February, 1936, the defendant secured a license under Title II of the National Housing Act, 12 U.S.C.A. § 1707 et seq., permitting it to act as a mortgagee under that Act.”
S TX Mtge Corp v. HUD (5th Cir. 2006). “See 12 U.S.C. § 1707 (b); 24 C.F.R. Part 202, § 202.”
Bennett v. Donovan (D.D.C. 2011). “The HECM statute adopts the definitions of “mortgagee” and “mortgagor” contained in 12 U.S.C. § 1707 . Id. § 1715z- 20(b)(2).”
— 12 U.S.C. § 1707(b) — 1 case
Travelers Indem. Co. v. First Nat'l State Bank, 328 F. Supp. 208 (D.N.J. 1971). “Title 12 U.S.C. § 1707 (b) provides: “The term ‘mortgagee’ includes the original lender under a mortgage, and his successors and assigns approved by the Secretary; and the term ‘mortgagor’ includes the original borrower under the mortgage and his successors and assigns.”
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.