12 U.S.C. § 1736

Definitions

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As used in this subchapter—(a) The term “mortgage” means a first mortgage on real estate, in fee simple, or on a leasehold (1) under a lease for not less than ninety-nine years which is renewable; or (2) under a lease having a period of not less than fifty years to run from the date the mortgage was executed; and the term “first mortgage” means such classes of first liens as are commonly given to secure advances on, or the unpaid purchase price of, real estate, under the laws of the State in which the real estate is located, together with the credit instruments, if any, secured thereby.(b) 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 a mortgage and his successors and assigns.(c) The term “maturity date” means the date on which the mortgage indebtedness would be extinguished if paid in accordance with periodic payments provided for in the mortgage.(d) The term “State” includes the several States, and Puerto Rico, the District of Columbia, Guam, and the Virgin Islands.(June 27, 1934, ch. 847, title VI, § 601, as added Mar. 28, 1941, ch. 31, § 1, 55 Stat. 55; amended Apr. 20, 1950, ch. 94, title I, § 122, 64 Stat. 59; July 14, 1952, ch. 723, § 10(a)(2), 66 Stat. 603; Pub. L. 86–70, § 10(a), June 25, 1959, 73 Stat. 142; Pub. L. 86–624, § 6, July 12, 1960, 74 Stat. 411; Pub. L. 90–19, § 1(a)(3), May 25, 1967, 81 Stat. 17.)Editorial NotesAmendments

1967—Subsec. (b). Pub. L. 90–19 substituted “Secretary” for “Commissioner”.

1960—Subsec. (d). Pub. L. 88–624 struck out “Hawaii,” before “Puerto Rico”.

1959—Subsec. (d). Pub. L. 86–70 struck out “Alaska,” before “Hawaii”.

1952—Subsec. (d). Act July 14, 1952, inserted “Guam,” after “District of Columbia,”.

1950—Act Apr. 20, 1950, substituted “Commissioner” for “Administrator” wherever appearing.

Statutory Notes and Related SubsidiariesSeparability

Act Mar. 28, 1941, ch. 31, § 9, 55 Stat. 62, provided that: “If any provision of this Act [enacting sections 1736 to 1742 of this title, and section 609k of Title 15, Commerce and Trade, and amending sections 371, 1430, 1702, 1706, 1707, 1713, and 1715, 1716, 1717 of this title] or the application thereof to any person or circumstances, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby.”

Notes of Decisions

Cited in 7 cases, 1945–1979 · leading case: United States v. Stadium Apts., Inc., 425 F.2d 358 (9th Cir. 1970).

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United States v. Stadium Apts., Inc., 425 F.2d 358 (9th Cir. 1970). · cites it 2× “The federal statute here involved is Title VI of the National Housing Act, 12 U.S.C. §§ 1736 -1746a. The stated objective of Title VI is “to assist in relieving the acute shortage of housing * * * available to veterans of World War II at prices within their reasonable ability to…”

Home Co., Inc. v. Comm'r of Internal Revenue, 212 F.2d 637 (10th Cir. 1954). “In 1941 the Federal Housing Administration enlisted the aid of appellant to construct defense housing units in Parsons and Coffeyville under Title VI of the National Housing Act, 12 U.S.C.A. § 1736 et seq., to accommodate Government workers in Government plants established there.”

Clark Inv. Co. v. United States, 364 F.2d 7 (9th Cir. 1966). “VI, 12 U.S.C. §§ 1736 -1746a has, as one of its purposes, “to assist in relieving the acute shortage of housing * * * accommodations available to veterans of World War II at prices within their reasonable ability to pay * * 12 U.”

United States v. Queen's Court Apts., Inc., 296 F.2d 534 (9th Cir. 1961). “At the time of the execution of the note and mortgage, mortgage insurance was provided by the Federal Housing Commissioner pursuant to Title 6 of the National Housing Act, as amended, 12 U.S.C.A. § 1736 et seq. When the matter came on for trial in November, 1960, the district…”

City of Sacramento v. Sec'y of Hous. & Urban Dev., 363 F. Supp. 736 (E.D. Cal. 1972). “(basic mortgage insurance for single family homes) ; subchapter VI, 12 U.S.C. § 1736 et seq. (mortgage insurance for veterans) ; subehapter VII, 12 U.”

Calvert Assocs. v. Harris, 469 F. Supp. 922 (E.D. Mich. 1979). “12 U.S.C. § 1736 -1746a. The mortgagee assigned its interest in the mortgage to another party and that party assigned the same interest to the defendant.”

Bowles v. Sec-Con Home Builders, Inc., 62 F. Supp. 654 (D. Kan. 1945). “The residences on said premises were constructed by the defendant corporation in 1942 and said construction was financed by mortgage loans insured by the Federal Housing Administration, an agency of the United States government, under and by authority of Title VI of the National…”

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