12 U.S.C. § 3751
Findings and purpose
(a) FindingsThe Congress finds that—(1) the disparate State laws under which mortgages are foreclosed on behalf of the Secretary covering 1- to 4-family residential properties—(A) burden certain programs administered by the Secretary;(B) increase the costs of collecting obligations; and(C) generally are a detriment to the community in which the properties are located;(2) the long periods required to complete the foreclosure of such mortgages under certain State laws—(A) lead to deterioration in the condition of the properties involved;(B) necessitate substantial Federal holding expenditures;(C) increase the risk of vandalism, fire loss, depreciation, damage, and waste with respect to the properties; and(D) adversely affect the neighborhoods in which the properties are located;(3) these conditions seriously impair the ability of the Secretary to protect the Federal financial interest in the affected properties and frustrate attainment of the objectives of the underlying Federal program authority;(4) the availability of uniform and more expeditious procedures, with no right of redemption in the mortgagor or others, for the foreclosure of these mortgages by the Secretary will tend to ameliorate these conditions; and(5) providing the Secretary with a nonjudicial foreclosure procedure will reduce unnecessary litigation by removing many foreclosures from the courts if they contribute to overcrowded calendars.(b) PurposeThe purpose of this chapter is to create a uniform Federal foreclosure remedy for single family mortgages that—(1) are held by the Secretary pursuant to title I or title II of the National Housing Act [12 U.S.C. 1702 et seq., 1707 et seq.]; or(2) secure loans obligated by the Secretary under section 1452b 11 See References in Text note below. of title 42.(Pub. L. 103–327, title II, Sept. 28, 1994, 108 Stat. 2316.)Editorial NotesReferences in TextThe National Housing Act, referred to in subsec. (b)(1), is act June 27, 1934, ch. 847, 48 Stat. 1246. Titles I and II of the Act are classified generally to subchapters I (§ 1702 et seq.) and II (§ 1707 et seq.), respectively, of chapter 13 of this title. For complete classification of this Act to the Code, see section 1701 of this title and Tables.
Section 1452b of title 42, referred to in subsec. (b)(2), was repealed by Pub. L. 101–625, title II, § 289(b)(1), Nov. 28, 1990, 104 Stat. 4128.
CodificationSection is based on section 802 of title VIII of S. 2281, One Hundred Third Congress, as reported July 13, 1994, which was enacted into law by Pub. L. 103–327.
Statutory Notes and Related SubsidiariesEffective DatePub. L. 103–327, title II, Sept. 28, 1994, 108 Stat. 2316, provided in part that title VIII of S. 2281, One Hundred Third Congress, as reported July 13, 1994, which is classified to this chapter, is incorporated into Pub. L. 103–327 and deemed enacted into law upon enactment of Pub. L. 103–327, which was approved Sept. 28, 1994.
Short TitleSection 801 of title VIII of S. 2281, One Hundred Third Congress, as reported July 13, 1994, which was enacted into law by Pub. L. 103–327, title II [title VIII, § 801], Sept. 28, 1994, 108 Stat. 2316, provided in part, that: “This title [enacting this chapter] may be cited as the ‘Single Family Mortgage Foreclosure Act of 1994’.”
Notes of Decisions
Fonteno v. Wells Fargo Bank, N.A., 228 Cal. App. 4th 1358 (Cal. Ct. App. 2014).
“Paragraph 18 only states that “if the Secretary holds a lender’s interest in the deed of trust and requires immediate payment under paragraph 9, the Secretary “may” request a foreclosure commissioner be appointed pursuant to the Single Family Mortgage Foreclosure Act of 1994 (…”
Ingram v. Cuomo, 51 F. Supp. 2d 667 (M.D.N.C. 1999).
“Thus, a deficiency judgment is not, required in order for the debt to be “legally enforceable” and subject to the tax offsetting provisions of 31 U.S.C. § 3720A. Plaintiff does not present any support for his contention that despite these federal statutes and regulations, HUD…”
Capital Hill Dev., LLC v. Cohn, Goldberg & Deutsch, L.L.C. (D.D.C. 2025).
· cites it 4× “CGD’s appointment letter (which was sent by a HUD contractor) informed it that the “Single Family foreclosure[]” in question was “to be handled pursuant to Section 805 of the Single Family Mortgage Foreclosure Act of 1994, 12 U.S.C. § 3751 , et seq.” ECF No. 2-1 at 1.”
Harvey v. Citi Grp. Mortg. (E.D. Mich. 2024).
· cites it 3× “21, 2018) (unpublished per curiam)); see also 12 U.S.C. §§ 3751 , 3753. HUD was not involved in the foreclosure in this case.”
Philadelphia Cmty. Dev. Coalition, Inc. v. Wells (E.D. Pa. 2025).
· cites it 3× “12 U.S.C. § 3751 (b)(1); id. § 1710(g). Where foreclosure is appropriate on a HUD-held mortgage, the National Housing Act empowers HUD to “sell real and personal property … on such terms and conditions as the Secretary may prescribe.”
Bryant (D. Maryland 2026).
· cites it 2× “Accordingly, HUD initiated foreclosure proceedings pursuant to the Single Family Mortgage Foreclosure Act of 1994, 12 U.S.C. § 3751 , et seq. (ECF No. 8-2 at p.”
Delgado (E.D. Pa. 2025).
“HUD further contends its contractor is working to address some of the safety hazards on the Property and “HUD is prepared to promptly begin a nonjudicial sale of the Property pursuant to 12 U.S.C. § 3751 .” Id. ¶¶ 11–12. Petitioner argues, however, that HUD has “took no action…”
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.