12 U.S.C. § 1735

Payment of certain funds to Treasury

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 12 CasesGoogle Scholar

The following funds shall be deemed an indebtedness to the United States of the particular insurance fund involved, and the Secretary is authorized and directed to pay the amount of such indebtedness to the Secretary of the Treasury, with simple interest thereon from the date the funds were advanced to the date of final payment at a rate determined by the Secretary of the Treasury, taking into consideration the average rate on outstanding marketable obligations of the United States from the date the funds were advanced until the date of final payment—(1) funds made available to the Secretary pursuant to the provisions of sections 1705 and 1708 of this title, exclusive of amounts heretofore refunded, (a) for carrying out this subchapter and section 484d of title 48 with respect to mortgages insured under section 1709 of this title where such funds were credited to the general reinsurance account in the Mutual Mortgage Insurance Fund, and (b) for the payment of salaries and expenses with respect to mortgage insurance under sections 1713 and 1715a of this title where such funds were credited to the Housing Insurance Fund;(2) funds made available to the Secretary pursuant to sections 1737 and 1748a 11 See References in Text note below. of this title; and(3) funds made available to the Secretary by the Secretary of the Treasury pursuant to section 1747i ¹ of this title.Payments to the Secretary of the Treasury under this section shall be made in such amounts and at such times as the Secretary determines, after consultations with the Secretary of the Treasury, that funds are available for that purpose, taking into consideration the continued solvency of the funds involved. All payments made pursuant to this section shall be covered into the Treasury as miscellaneous receipts.(June 27, 1934, ch. 847, title V, § 516, as added June 30, 1953, ch. 170, § 9, 67 Stat. 123; amended Pub. L. 90–19, § 1(a)(3), May 25, 1967, 81 Stat. 17; Pub. L. 98–479, title II, § 204(a)(21), Oct. 17, 1984, 98 Stat. 2232.)Editorial NotesReferences in Text

Section 1715a of this title, referred to in par. (1), in the original was a reference to section 210 of the National Housing Act (June 27, 1934, ch. 847, § 210, as added Feb. 3, 1938, ch. 13, § 3, 52 Stat. 22), which was repealed by act June 3, 1939, ch. 175, § 13, 53 Stat. 807. See note set out under section 1715a.

Section 484d of title 48, referred to in text, which authorized the Federal Housing Commissioner to prescribe a higher maximum for the principal obligation of mortgages, was omitted from the Code.

Sections 1737, 1747i, and 1748a of this title, referred to in text, were repealed by Pub. L. 89–117, title II, § 1108(aa), Aug. 10, 1965, 79 Stat. 507.

Amendments

1984—Pub. L. 98–479 inserted “Payment of certain funds to Treasury” as section catchline.

1967—Pub. L. 90–19 substituted “Secretary” for “Commissioner” wherever appearing.

Notes of Decisions

Cited in 11 cases, 1977–2009 · leading case: Shinn v. Encore Mortg. Servs., Inc., 96 F. Supp. 2d 419 (D.N.J. 2000).

Sort: Relevance Newest Treatment

Shinn v. Encore Mortg. Servs., Inc., 96 F. Supp. 2d 419 (D.N.J. 2000). “31:1-1, and Section 501 of the federal Depository Institutions Deregulation and Monetary Control Act of 1980, 12 U.S.C. § 1735 -7a (“DIDA”), authorize interest charges in excess of 6% per year.”

515 Assocs. v. City of Newark, 424 F. Supp. 984 (D.N.J. 1977). “4 The funds which HUD may use to satisfy the claims of insured mortgagees under § 207 come from the General Insurance Fund created by § 519 of the National Housing Act, Title 12 U.S.C. § 1735 (c) (1970). This fund is intended to operate as a self-sustaining source of monies for…”

U.S. Bank Nat'l Ass'n v. Clark, 807 N.E.2d 1109 (Ill. App. Ct. 2004). “12 U.S.C. § 1735 et seq. (2000); 12 U.S.C.”

Daniel E. Mann, Elizabeth Cannon & Lillian Rauh v. Samuel R. Pierce, Jr. & U.S. Dept. Of Hous. & Urban Dev., 803 F.2d 1552 (11th Cir. 1986). “Section 1702 is a limited waiver of immunity and any damages sought from HUD must be payable from HUD’s General Insurance Fund, maintained pursuant to 12 U.S.C. § 1735 (c), and not from the United States Treasury.”

Reiser v. Residential Funding Corp., 420 F. Supp. 2d 940 (S.D. Ill. 2004). “2d 15 (1991)) considered the issue of whether the federal Depository Institutions Deregulation and Monetary Control Act of 1980 (“DIDMCA”), 12 U.S.C. § 1735 et seq. preempted § 4.1a of the Illinois Interest Act.”

Fryar v. Kemp, 774 F. Supp. 1033 (W.D. La. 1991). “An adverse judgment in Industrial Indemnity would have been paid out of the General Insurance Fund, which is a separate fund set up by 12 U.S.C. § 1735 (c) under the control of the Secretary of HUD.”

5th Bedford Pines Apts., Ltd. v. Brandon, 262 F. Supp. 2d 1369 (N.D. Ga. 2003). “at 646 (citing Nat’l Housing Act, 12 U.S.C. §§ 1735 (a), (c), (d)); see also Mann v.”

United Fed. Sav. & Loan Ass'n v. Cage, 487 So. 2d 171 (La. Ct. App. 1986). “Section 501 of the Depository Institution Deregulation and Monetary Control Act of 1980 (P.”

U.S. Bank Nat'l Ass'n v. Clark (Ill. App. Ct. 2004). “12 U.S.C. §1735 et seq. (2000); 12 U.S.C.”

Ola Props. Inc. v. United States Dep't of Hous. & Urban Dev., 336 F. App'x 419 (5th Cir. 2009). “See 12 U.S.C. § 1735 (f)-!5(h)(2) ("The court shall not consider any objection that was not raised in the hearing .”

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.